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In view of the trend of demoting education from "human right" to "human need", this book seeks to affirm education as a "human right" and to describe the various state duties flowing from the right to education, by systematically analyzing article 13 of the International Covenant on Economic, Social and Cultural Rights.
A trend has emerged of not defining education as a “human right” anymore, but of rather calling it a “human need”. This has paved the way for an ever increasing commercialisation of education, excluding the poor from access to education. A problem at a different level is that states often do not know what is expected of them when realising the right to education as protected by international law. This relates to the complex nature of this right, which is simultaneously a civil and political and an economic, social and cultural right. This book seeks to affirm education as a “human right” and to describe the various state duties flowing from the right to education. It refers to the provisions on the right to education found in instruments of international law and systematically analyses article 13 of the International Covenant on Economic, Social and Cultural Rights. The book is of interest to students, teachers, researchers, legal practitioners and state and international officials dealing with international human rights law.
Only available in paperback version ISBN 90 411 1091 7 This volume draws upon the author's own experience to highlight the complexities behind the global violations of children's rights. Analysis and description are interwoven to provide a coherent study of the international status of children and the rights which attach to this status, both for those familiar and unfamiliar with international law. The author demonstrates the potential of international law in protecting the rights of children, even in states which are restructuring their economies. To be effective, international law cannot be used in isolation and the text seeks to place the rights of the child in their cultural and historical contexts. All royalties from The International Law on the Rights of the Child are being donated to the International Save the Children Alliance to assist them in their work with children. 'Ms van Bueren combines skilfully an enormous amount of factual material with careful legal analysis and comment. [...] this book will rapidly become indispensable to children's rights lawyers...' C.M. Chinkin, University of Southampton 'Among numerous publications dealing with the subject of promotion and protection of the rights of the child issued up to date, G. Van Bueren's The International Law on the Rights of the Child is the most serious monograph in the field of international law.'
12. Parental educational rights
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Thousands of children from minority and disadvantaged groups will never cross the threshold of a classroom. What can human rights contribute to the struggle to ensure that every learner is able to access high quality education? This brilliant interdisciplinary collection explores how a human rights perspective offers new insights and tools into the current obstacles to education. It examines the role of private actors, the need to hold states to account for the quality of education, how to strike a balance between religion, culture and education, the innovative responses needed to guarantee girls’ right to education and the role of courts. This unique book draws together contributors who have been deeply involved in this field from both developing and developed countries which enriches the understanding and remedial approaches to tackle current obstacles to universal education.
Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.
Fundamental rights for all people with disabilities, education and employment are key for the inclusion of people with autism. They play as facilitators for the social inclusion of persons with autism and as multipliers for their enjoyment of other fundamental rights. After outlining the international and European dimensions of the legal protection of the rights to education and employment of people with autism, the book provides an in-depth analysis of domestic legislative, judicial and administrative practice of the EU Member States in these fields. Each chapter identifies the good practices on inclusive education and employment of people with autism consistent with principles and obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (Articles 24 and 27). The book contains the scientific results of the European Project “Promoting equal rights of people with autism in the field of employment and education” aimed at supporting the implementation of the UN Convention in the fields of inclusive education and employment.
Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.