The Universal Declaration of Human Rights
Article XXVI: Right to Education
The Universal Declaration of Human Rights was drafted in 1948 and one of the articles, article XXVI deals with protection of the fundamental rights, right to education: (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
The right to education is a universal right and is recognized as a human right. It includes the right to free, non biased and non political primary education for everyone, to make secondary education at least accessible to everyone and make access to higher education. The right to education also provides the obligation to avoid discrimination at all educational levels and to improve quality of education. Furthermore, the European Court of Human Rights defined „education as teaching or instructions in particular to the transmission of knowledge and to intellectual development" and in a wider sense as "the whole process whereby, in any society, adults endeavor to transmit their beliefs, culture and other values to the young. “ The rights to educations have been separated into three levels. Primary also known as elemental or fundamental education must be compulsory and free for any young person. It must not be discriminatory on nationality, gender, sexuality, etc. All countries ratifying the International Covenant on Economic, Social and Cultural Rights States must provide free primary education within two years. Secondary education must be available and accessible to anyone regardless of nationality, gender, or sexuality. It can be free or not, and it can be compulsory, but it does not have to be. In some countries, even though minority, secondary education is compulsory, for example in Denmark, Croatia, Finland, etc. Higher education at the University level must be accessible to persons who meet necessary education standards to be able to go to universities. Higher education does not falls under the provision of free education.
The Universal Declaration of Human Rights (UDHR) proclaims that: „Everyone has the right to education“, the question is to what kind of education or who should provide it? The fact is that UDHR was drawn up in 1948 when only a minority of young people in the world had access to any type of education, however, today we can say that situation is much better, showing that four out of five adults worldwide have some literacy skills. The purpose of the UDHR's article XXVI is not just having quantative aspect, but also qualitative. The UDHR's article XXVI has certain provisions that must be fulfilled in order to have qualitative education, such provisions are: „Education shall be free, at least in the elementary and fundamental stages“and „Elementary education shall be compulsory“. Today educational opportunities have significantly changed in most parts of the world especially in Europe, North America, and Asia, nevertheless Africa remains the main problem regarding the number of educated people. Another interesting point has been made over the years, whether educational institutions are ready to provide qualitive education to young people, and prepare them for social, economical, and political aspects of human life. The commitment of the international community...
...The UniversalDeclaration of HumanRights is the first global humanrights treaty that was formulated. The main driving force behind the formation of the UniversalDeclaration of HumanRights was the Second World War, which in it course saw some of the worst human atrocities being committed on a global scale. The Declaration was adopted by the United Nations General Assembly on the 10th of December 1948.
The term "soft law" refers to legal instruments which do not have any legally binding force, or whose binding force is somewhat "weaker" than the binding force of traditional law. These are generally, instruments that are not treaties that oblige the stakeholders to follow them, but they have within them ‘norms’ that are believed to b good and therefore need universal application.
The UniversalDeclaration of HumanRights is also officially termed as a soft law since it was passed by the UN General Assembly as a Declaration and within itself has not given any means where the stakeholders are legally bound to abide by the articles or to enforce them. The preamble of the declaration says that the UDHR is “a common standard of achievement for all peoples and all nations” and the nations must themselves strive...
The Charter of the United Nations requires that all member states “promote and encourage respect for humanrights and for fundamental freedoms for all without distinction as to race, sex, language, or religion”. In order to provide a common understanding of these rights, the UniversalDeclaration of HumanRights was adopted by the General Assembly of the United Nations on December 10, 1948. In simple language, it describes the rights shared by all human beings, and sets “a common standard of achievement for all peoples and all nations”.
In the years since, the principles of the UniversalDeclaration have been elaborated and given greater legal force through the negotiation of a series of international treaties, notably the:
International Covenant on Economic, Social and Cultural Rights
International Covenant on Civil and Political Rights
Convention on the Elimination of All Forms of Discrimination Against Women
Convention Against Torture
International Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Rights of the Child
However, there remained a number of disagreements between countries, notably about the relative importance of different types of rights.
In 1993, the nations of the...
...exterminated by Hitler’s Nazi regime, the UniversalDeclaration of HumanRights was adopted and proclaimed on December 10th 1948 to prevent a another holocaust and to achieve a universal standard of humanrights. Over the last sixty years various regional and international treaties and conventions have been adopted to protect and advance humanrights towards universality. Furthermore, it equally important to mention that there has been a western dominated movement to universalise humanrights. Nevertheless, UniversalHuman remains a contentious issue of debate among intellectual and policy circles. The purpose of this essay is to outline a few of the prominent issues and problems that are associated with the concept of Universalhumanrights.
“All human beings are born free and equal in dignity and rights” (UDHR. 1948. P.2) Humanrights in its contemporary perception is a fairly recent concept. In fact the UniversalDeclaration of HumanRights which is often cited as the corner stone of humanrights only came into force following World War II and the most “systematic and blatant” violation of...
We will deal with each of these in turn, with reference to international legal instruments and bodies. We will observe first of all how the rights of individuals, although falling outside the province of international law as it was conceived in the1600s, began to seep into the framework of international legal rules over the centuries, eventually coming to prominence during the 'humanrights era' that followed the end of the Second World War. We will consider secondly the various mechanisms that have been put in place by the international community in order to deal with the enforcement and observance of individual rights enshrined in international legal instruments. Lastly, we will critically assess the claim that questions about individual rights should be the sole concern of domestic legal systems.
The scholars who laid the intellectual foundations of international law in the Western world, like Hugo Grotius (1625) and John Locke (1690), all stressed in their writings that legal systems, be they domestic or international, were founded in natural law and commonly accepted standards of (Christian) morality. It may seem surprising, therefore, that for centuries the rights of individuals played no significant role in the framework of international law. International law, as the name suggests, was the body of legal rules governing the relations...
...Chapter 7: HumanRights
The Nature and Development of HumanRights
* The definition of humanrights
* HumanRights: Basic rights and freedoms believed to belong justifiably to all human beings
* Developing recognition of HumanRights
Abolition of Slavery
* Slavery is when one person becomes the ‘property’ of another. The most traditional form of slavery is when a role (usually manual and/or labour-intensive) is filled for little to no cost. Some examples of types of enslavement include debt slavery, slavery for punishment and when prisoners of war are made into slaves.
* When Europe was expanding its power across the new world, it needed cheap labourers in order to expand. Their solution to this problem was the Translantic slave trade, trading products to Africa in exchange for slaves for Europe. The slave trade operated between the 17th century and the 19th century.
* The abolitionist movement was headed by rational thinkers and religious figures who realized that it was a breach of humanrights. Over time different legislation was put into effect that abolished slavery and made it illegal.
* Somersett (R v Knowles; exparte somersett (1772) made slavery illegal in Britain
* Brit. Politician Willberforce’s pressure on the government led to...
...Philosophy of HumanRights
1. Denis Arnold, “The HumanRights Obligations of Multinational
I have had the opportunity to teach a number of courses on the philosophy of humanrights. To supplement the Arnold reading, I thought that I would give you some basic background regarding the central philosophical and legal debates over the nature of humanrights.
What are humanrights?
Humanrights are international norms that help to protect all people everywhere from severe political, legal, and social abuses. Examples of humanrights are the right to freedom of religion, the right to a fair trial when charged with a crime, the right not to be tortured, and the right to engage in political activity. These rights exist in morality and in law at the national and international levels. They are addressed primarily to governments, requiring compliance and enforcement.
The main sources of the contemporary conception of humanrights are the UniversalDeclaration of HumanRights (1948) and the many humanrights documents and treaties that followed in international...
...DEVELOPMENT OF RIGHT TO EDUCATION POLICY
(ALL LEARN, ALL PROGRESS)
NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW,
Submitted To: Submitted By:
Dr. ALOK GUPTA SAGAR KUSHWAH
Dean of Fcaulty Semester 3nd
Public Policy Section-A
NUSRL, Ranchi Roll No. 86
“Every child of the age of six to 14 years shall have a right to free and compulsory education in a neighborhood school till completion of elementary education”
Education and social change are very closely related to each other. Education should prepare the background for social change. Education fulfils the needs of society and propagates such ideas which promote social change, political change etc. in all forms of life. Education has been formally recognized as a humanright since the adoption of the UniversalDeclaration of HumanRights in 1948. This has since been affirmed in numerous global humanrights treaties, including the United Nations Educational, Scientific and Cultural Organisation (UNESCO) Convention against Discrimination in Education (1960), the International Covenant on Economic, Social and cultural rights (1966). These treaties establish an entitlement to free,...
1. Define Universal education:
Universal education is the right for all human beings to have an education.
2. Describe the historical background behind the development of the humanright and describe the events that led to the humanright being established.
Early civilisations classified formal education amongst wealth and power, or beliefs and religions. Until recent times illiteracy was a norm and formal schooling was available to a handful of people. During the 16th century the Aztec tribe made compulsory education to almost every child regardless of gender and rank. In Scotland in 1561, the Church of Scotland applied a principle of a school teacher for every parish and free education for the poor. Also I Norway cathedral schools were turned into Latin schools and mandatory for every market town. During the 19th century in England churches have free education on Sunday's. By the mid-1800s European governments provided findings for schools and in 1870 the British parliament passed the Education Act 1870 (UK). Laws in Australia were passed to make education free and compulsory at the primary level. In NSW the Public Instruction Act 1880 (NSW) allowed the government to take control of church run schools and made education free, secular and compulsory. By the 20th century education was free and compulsory in developed countries....