Education is since the inception of the world regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human right and the right to education and specifically the right to (a) basic education is acknowledged and emphasised worldwide. In South Africa, the right to a basic education is entrenched in the Constitution and is regarded as one of the most crucial constitutional rights, particularly because it promotes economical and social well-being. The protection of a child’s right to a basic education in terms of the South African Constitution together with the most important international instruments pertaining to education will be extensively discussed and the most important similarities and differences between, and challenges in the legal systems of South Africa, New Zealand and Namibia regarding a child’s right to (a) basic education will be addressed with due consideration of factors such as early childhood development and education, mother tongue education and HIV/AIDS which may affect a child’s right to (a) basic education. It is submitted that the success of any country, whether it is social, financial or economic success, depends on how its citizens are educated. Moreover, a good education system is crucial, not only for ensuring that its populace are well educated, but also for optimal human development and for the maintenance and preservation of socially responsive economic and political systems. Education is a life-long process and in order to give effect to the right to (a) basic education, the adoption and implementation of the recommendations made throughout this study are proposed. / Private Law / LL. D.

Originally the aim of this study was the exploration of the current situation of the right to education for refugee children in Burundi and Rwanda being the two countries with the highest number of refugees in Africa. However because of lack of information about the refugee situation in Rwanda, this study is limited to analysis of the situation in Burundi. This study then analyses the state of implementation of the international and national legal instrument by the government of Burundi and suggest ways of implementing the existing international and national legal framework. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Ass. Prof. Frederick Juuko, of the Faculty of Law, Makerere University Kampala, Uganda / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Malawi is a state party to a number of international human rights instruments that guarantee the rights of children with disabilities (CWDs), which include the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD); the UN Convention on the Rights of the Child (CRC); and the African Charter on the Rights and Welfare of the Child (ACRWC). The instruments guarantee the right to education, among other rights. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

v anglickém jazyce The thesis deals with the right to education in the European system of the protection of human rights. It examines theoretical approaches to judicial protection of the right to education. It compares the right to education in the European system of the protection of human rights with the United Nations' human rights protection and the human rights protection system with the system of the Organization of American States. The thesis shows the development of the right to education through the general commends and recommendations and views of the UN human rights committees and through judgments of the European Court of Human Rights. The thesis analysis six cases of violation of the right to education of ethnic minorities, namely the D.H. and Others v. the Czech Republic, Sampanis v. Greece, Oršuš v. Croatia, Sampani v. Greece, Horváth and Kiss v. Hungary and Lavida v. Greece. These cases show that the judgment of the European Court of Human Rights stating the violation of the right to education and the award of the symbolic just satisfaction are not sufficient for the effective protection of the right to education of ethnic minorities. The paper shows that violation of the right to education of ethnic minorities are always related to racial discrimination. This fact must be taken...

Doctor Legum - LLD / The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and redefined approaches to issues of disability. Fundamentally, the CRPD embodies a paradigm shift in thinking about disability. It embraces the social model of disability, in terms of which disability is a function of the interaction between a person with impairment and his or her environment as opposed to an inherent limitation of functioning. The social model is, in turn, anchored in a human rights approach to disability. No doubt, the adoption of the CRPD triggered immense optimism for the realization of the rights of persons with disabilities. One of the rights recognised under the CRPD is the right to education. Article 24(1) of the CRPD recognises the right of persons with disabilities to education and sets out the aims of such education. Article 24(2) sets out a number of principles to guide the implementation of the right. These include: non-exclusion from the general education system including non-exclusion of children with disabilities from free and compulsory primary education; access to inclusive quality and free primary education on an equal basis with other children in the communities in which children with disabilities live; reasonable accommodation of a student’s needs; provision of support necessary to facilitate effective education; and provision of individualised support measures in environments that maximise academic and social development of the students with disabilities. It is generally accepted that the right to education is one of the most essential rights, particularly in light of its empowerment function that helps to facilitate the exercise of other rights. The primary level of education has particularly attained global recognition and priority in resource allocation and implementation. Primary education contributes significantly to the maximum development of the full human potential of children. There are therefore differentiated obligations for the right to primary education in international human rights. Nevertheless, there are still significant barriers to access to primary education, particularly in the African region. While children with disabilities have been excluded from education for a long time the world over, their exclusion in the African context is particularly endemic. The core purpose of this thesis is to determine how article 24(2) of the CRPD affects or is likely to affect primary education of children with disabilities, particularly in the context of developing countries. The focus of the enquiry is mainly the law and policy in this regard. The subject spans three main spheres of rights: children’s rights, socioeconomic rights (particularly the right to education), and finally disability rights. Children’s rights, especially since the adoption of the Convention on the Rights of the Child (CRC), are generally accepted. The right to education also has a long standing history, and whereas debate regarding the appropriate approaches to its implementation still abides, there is apparent normative and jurisprudential consensus on some aspects thereof, particularly at the primary education level. It is essential to determine the relational framework of these spheres with the disability rights established under the CRPD. The thesis finds that the CRPD does in fact redefine the parameters of the right to education as previously understood in international human rights instruments. Particularly, the expanded aims of education under article 24 call for education systems that recognise non-academic learning, such as the development of the talents or creativity of the learner. This provision is particularly significant to the child with disabilities. Also, while not establishing an entirely new right, the principles under article 24(2) establish actionable sub-entitlements that enhance the justiciability right to education for children with disabilities. However, it is apparent from the comparative studies that it is the implementation of these provisions that presents the greatest challenge for the realisation of primary education for children with disabilities. This suggests that whereas norm creation as under the CRPD may have the value of triggering and sustaining discourse on appropriate responses in the context of the education of children with disabilities, it is the translation of these norms into practical action points that is the determining factor for realization of the right. / South Africa

This thesis is focused on analysis of educational system during the process of integration of mental disabled pupils - especialy during basic education at primary schools in mainstreaming. Characteristics of the educational system and its opportunities, considering the specification of mental disability, is the main intention of this dissertation. Another accents are put on main problems in educational system for mentaly disabled people as well as designing the ways that lead to improvement of attainment of pupils with special needs.There are used methods of expert investigation - especially of interviews with principal actors and question-forms. Basis for this are: rights of everyone to recieve education, premise that everyone is educatable and theory of streel level-byrocracy. Detailed look is focused on terms 'integration' and 'inclusion' plus its explanation in terms of matters that is related to education of mental disabled pupils. Issue is incorporated to the wider international and juridical connection. Considering Czech Republic I joined a special characteristic of general problems in the field of professional preparation, financing and attitude. I have mentioned how good examples in foreign countries could be the true kind of inspiration that leads to improvement of actual educational statement for...

Thesis (LLM.) -- University of Limpopo, 2020 / The history of the South African education system is one that is tainted by inequalities and restricted access. The Bantu educational system, with its racially separated education facilities, ensured that the black child stayed a marginalised group. Within the new constitutional dispensation, the hope existed that all students will have access to equal levels of quality education, with Section 29 of the Constitution specifically guaranteeing that everyone has the right to basic education. To repair the injustice and discriminatory practices of the past, a system of inclusive education has been introduced, with the aim of granting educational access to all children. However, it has become apparent that this system could be perpetuating a form of the injustice that it aimed to fight. Inclusive education, with the aim of making no distinction in the student body, is creating a new marginalised student: the borderline student. These are students who do not have a cognitive impairment, but have what is known as a “below average IQ”. Recent studies show that, for many of these students, the inclusive education system is failing to address their unique educational needs, limiting their participation and pushing them to the peripheral edge of the educational system. This is a complex and serious problem that needs to be addressed at a policy level. This legal-educational presentation aims to provide an exploration of the borderline student and addresses the question as to why they are falling between the cracks of the inclusive education system.

[pt] objetivo da tese é identificar e analisar os motivos, os argumentos e as estratégias jurídicas utilizadas pelas famílias para legitimarem a adoção do homeschooling no Brasil. A investigação, ao utilizar o método da pesquisa bibliográfica, localizou onze trabalhos acadêmicos empíricos, elaborados por dez pesquisadores, entre os anos de 2012 a 2022. Por meio da interpretação do texto dos documentos selecionados, a tese identificou cinco categorias de motivos e argumentos para a adesão das famílias brasileiras a este método de ensino: ideológicas; socialização; bem-estar; pedagógico; valores religiosos e morais. A Lei, sexta categoria, é entendida como uma estratégia para a legalização, pelo Poder Judiciário ou pelo Poder Legislativo, para o exercício da educação domiciliar. Para a construção do texto, para além da introdução e da conclusão, capítulos um e nove, respectivamente, foram edificados outros sete. O capítulo dois apresenta as bases filosóficas das teorias políticas adotadas para o exame do objeto da tese, a partir da tipologia apresentada por Will Kymlicka, e engloba o liberalismo e sua vertente igualitária, o libertarismo, o conservadorismo e o comunitarismo. No capítulo três, tem-se um panorama do direito à educação no país, sua prestação enquanto serviço público, a organização nacional e a competência legislativa dos Entes Federados. O tópico quarto é dedicado a uma conceituação e distinção necessárias entre homeschooling, unschooling e deschooling. A quinta seção apresenta o histórico da educação domiciliar no Brasil, do século XIX até sua atual configuração. Com fundamento nos trabalhos empíricos, elabora o perfil socioeconômico dos usuários e, por fim, compara esse movimento com o do Escola sem Partido. No sexto capítulo, a tese analisa as seis categorias de motivos, argumentos e estratégias jurídicas identificadas. A sétima parte avança sobre as estratégias jurídicas das famílias, com a análise da Repercussão Geral n. 822 do Supremo Tribunal Federal, pondo fim à discussão no Poder Judiciário. Quanto ao Poder Legislativo, no âmbito do Congresso Nacional, o estudo se dá no Projeto de Lei Federal n. 3179/2012. Ainda compôs o exame as iniciativas do Distrito Federal (Lei 6.759/2020) e dos Estados do Paraná (Lei 20.739/2021), Rio Grande do Sul (PL 170/2019), Santa Catarina (PLC 003/2019) e São Paulo (PL 707/2019). No âmbito municipal, a apreciação deteve-se a Manaus (PL 64/2021), Vitória (Lei 9.562/2019), Belo Horizonte (PL 56/2021), Porto Alegre (PL 001/2021) e Sorocaba (PLO 031/2021). No oitavo capítulo, diante da construção teórica e investigativa construída, a tese desenvolve uma análise crítica dos motivos, argumentos e estratégias jurídicas apresentados pelas famílias para a utilização e a legitimação do homeschooling. Por fim, chega-se à conclusão da tese de que as famílias brasileiras defendem ou aderem ao homeschooling por um posicionamento político conservador, evidenciados na interpretação de suas falas e experiências, utilizadas para a construção e embasamento dos motivos e argumentos para sua legitimação. Para galgar tal objetivo, utilizam as estratégias jurídicas disponíveis, com iniciativas no Poder Judiciário e no Poder Legislativo, no âmbito Federal, Estadual e Municipal. / [en] The aim of this thesis is to identify and analyze the reasons, arguments and legal strategies used by families to legitimize the adoption of home-schooling in Brazil. The investigation, by using the bibliographical research method, located eleven empirical academic works, elaborated by nine researchers, between the years of 2012 to 2022. Through the interpretation of the text of the selected documents, the thesis identified five categories of reasons and arguments for the adherence of Brazilian families to this teaching method: ideological; socialization; well-being; pedagogical; religious and moral values. The Law, sixth category, is understood as a strategy for legalization, by the Judiciary Power or by the Legislative Power, for the exercise of home education. For the construction of the text, in addition to the introduction and conclusion, chapters one and nine, respectively, another seven were built. Chapter two presents the philosophical bases of the political theories adopted to examine the object of the thesis, based on the typology presented by Will Kymlicka, and encompasses liberalism and its egalitarian side, libertarianism, conservatism and communitarianism. In chapter three, there is an overview of the right to education in the country, its provision as a public service, the national organization and the legislative competence of the Federal Entities. The fourth topic is dedicated to a necessary conceptualization and distinction between homeschooling, unschooling and deschooling. The fifth section presents the history of home education in Brazil, from the 19th century to its current configuration. Based on empirical works, it draws up the socioeconomic profile of users and, finally, compares this movement with that of Escola sem Partido. In the sixth chapter, the thesis analyzes the six categories of motives, arguments and legal strategies identified. The seventh part advances on the legal strategies of families, with the analysis of General Repercussion 822 of the Federal Supreme Court, putting an end to the discussion in the Judiciary. As for the Legislative Power, within the scope of the National Congress, the study takes place in the Federal Law Project 3179/2012. The examination also included the initiatives of the Federal District (Law 6,759/2020) and the States of Paraná (Law 20,739/2021), Rio Grande do Sul (PL 170/2019), Santa Catarina (PLC 003/2019) and São Paulo (PL 707/2019). At the municipal level, the assessment was limited to Manaus (PL 64/2021), Vitória (Law 9.562/2019), Belo Horizonte (PL 56/2021), Porto Alegre (PL 001/2021) and Sorocaba (PLO 031/2021). In the eighth chapter, in view of the theoretical and investigative construction built, the thesis develops a critical analysis of the reasons, arguments and legal strategies presented by families for the use and legitimation of homeschooling. Finally, the conclusion of the thesis is reached that Brazilian families defend or adhere to homeschooling due to a conservative political position, evidenced in the interpretation of their speeches and experiences, used for the construction and foundation of the reasons and arguments for its legitimation. To achieve this objective, they use availablelegal strategies, with initiatives in the Judiciary and Legislative Powers, at the Federal, State and Municipal levels.

[pt] O artigo 205 da Constituição de 1988 apresenta o Direito à Educação como um direito dirigido a fins: o desenvolvimento da pessoa, o preparo para o exercício da cidadania e a qualificação para o trabalho. O presente trabalho realiza uma reflexão a respeito da relação da educação com o desenvolvimento da pessoa e com o preparo para o exercício da cidadania a partir dos ensinamentos do educador Paulo Freire. Para isso, o caminho percorrido tem o seu início no entendimento de Freire a respeito do humano: seres que leem o mundo a sua volta a partir de seus aprendizados, sonham com novos mundos possíveis, dialogam entre si para trocar aprendizados e sonhos e, por fim, agem coletivamente para a ocorrência dessa mudança. Em suas leituras, sonhos, afetações mútuas e ações coletivas, as pessoas se desenvolvem e vivem suas cidadanias ininterruptamente. Contudo esse ideal humano não é igualmente oferecido a todos as pessoas, pois Freire diagnostica no mundo relações de opressão e colonização, sobretudo nas conformações históricas e sociais do Brasil. Nesse contexto, a educação não poderá reverter esse quadro desigual sozinha, mas sim, em uma perspectiva libertadora, fornecer instrumentos cognoscíveis para o aprimoramento das leituras de mundo feitas pelas pessoas de forma a lhes possibilitar uma compreensão crítica do mundo que lhes circunda. Assim, o desenvolvimento das pessoas ocorre no contato com novas formas de ler o mundo e o preparo para o exercício da cidadania na capacitação para agir coletivamente sobre o mundo a partir dessas leituras. / [en] From Paulo Freire s theory s point of view, my study brings a reflection among two educational objectives pointed by the Brazilian Constitutional in the article 205: the personal human development and the preparation for the citizenship performance. To do so, the starting point is the understanding of the perspective Freire presents about human beings: beings that read the world and learn from the reading; dream about new worlds; talk to other human beings about those readings and dreams; and, finally, act collectively to transform the world. People continuously develop themselves and live their citizenship in their dreams, reading, mutual affectations and collective actions. However, there is an inequality in the enjoyment of this human ideal, because of what Freire diagnoses as relations of oppression and colonization between human beings, especially regarding the Brazil s historic e social structures. In this context, the education is not able to change completely this unequal picture, but, in liberating perspective, the education can offer cognitive instruments to improve the readings people do about the world in a way to enable a critic understanding of the world. Therefore, the personal development happens in the contact one has with new ways to read the world and the preparations for the citizenship performance happens in the capacitation provided to act collectively from those critic point of views.

Thesis ((LLD.) -- University of Limpopo, 2021 / The delivery of substandard education to the leaners in South African schools has become a pressing concern and needs special attention. This is so despite the advent of democracy in 1994, which brought legislative frameworks and other measures promoting access to quality education. This study seeks to highlight the importance of a radical paradigm shift in educational approach, from a single (access) to a dual system (access and delivery) in South Africa. The study examines adequacy of access to education, by evaluating the effectiveness of delivery. The study emphasizes that delivery should be strengthened in order to develop skills and capacity. The study also accentuates the need to strengthen legislative measures and compliance, in order to improve the delivery of quality education to the leaners. The domestic laws such as the Constitution of the Republic of South Africa, Skills Development Act, the South African Schools Act, Further Education and Training Act and the Continuing Education and Training Act, which all cover access and full delivery of quality education, will be examined. It is pertinent to point out that the delivery of quality education and skills development, can improve the employability of leaners and graduates, wherever they find themselves. Consequently, it is fundamentally important to increase interest in strengthening the implementation of the skills development legislation and policies, to drive the necessary change from access to delivery, in order to meet the developmental needs of the country. Lessons are drawn from China, Finland and Singapore, where policies and laws are utilized for the purpose of comparative studies. The rationale for such a comparative analysis is premised on the fact that these countries have very strong educational systems, which promotes the employability of learners, and also enables learners to become self-reliant and entrepreneurs.