The topic of the thesis is constitutional guarantees of the right of persons with disabilities to education. Both physically and mentally disabled persons form a significant part of the society. However, they have not been considered a specific subject of human rights until the second half of the 20th century. At first, they were protected as a subject of social security and charity. Nowadays the regulation is focused on social inclusion of persons with disabilities. The most important international legal instrument in this field is the Convention on the Rights of Persons with Disabilities which was adopted by the United Nations in 2006. The right to education is a substantial human right and it arises from human dignity itself. Education is also a requisite for the execution of other rights and it is a key means for social inclusion of persons with disabilities. Disability can often be an obstacle or a reason for discrimination in access to education. Thus it is necessary to pay special attention to persons with disabilities in this field. The aim of the thesis is to name the main constitutional guarantees of the right of disabled persons to education. The source of these guarantees is the Charter of Fundamental Rights and Freedoms with regard to the Constitutional Court's practice. The thesis also...

Made available in DSpace on 2017-06-01T18:18:37Z (GMT). No. of bitstreams: 1 leonardo_brito_caribe.pdf: 2976509 bytes, checksum: 82db568843155ac604e9c74b15875ba0 (MD5) Previous issue date: 2016-03-11 / This research focuses on the study of public educational policies by Prosecutors. It is an empirical research, aiming to assert about the limits of the institution's performance. Data collected at the Pernambuco s Government Agency for Law Enforcement were classified within the method of content analysis, and analyzed from a phenomenological-hermeneutic approach. In the legal-theoretical approach, it is argued that part of the constitutional mission of the Government Agency for Law Enforcement is to ensure the fulfillment of the right to education. Due to the need to find justification for its activities, basic education is conceptualized as a social fundamental human right that must be accomplished by means of benefits to which the State is bound, in order to guarantee the existential minimum. The Judiciary can be triggered for the requirement of the right to education. The legitimacy of the judicial decision on the harvest depends on the use of a methodology that makes rational the judge's decision. According to this contexture, the balance can be adopted as a technical interpretation/application of the law. We conclude that financial constraints should not undermine the effectivity of the right to education, and that there is a predominance of the use of extrajudicial techniques for collective protection by Prosecutors for enforcement and defense of education. / A presente pesquisa centra-se no estudo do controle das políticas públicas educacionais pelo Ministério Público. Trata-se de uma investigação de cunho empírico, com o objetivo de perquirir sobre os limites de atuação da instituição. Os dados levantados em Promotorias de Justiça do estado de Pernambuco foram classificados pelo método da análise de conteúdo e analisados a partir de um enfoque fenomenológico-hermenêutico. Na vertente jurídico-teórica, defende-se que faz parte da missão constitucional do Ministério Público zelar pela efetivação do direito à educação. Pela necessidade de encontrar justificação para a atuação ministerial, a educação básica é conceituada como direito fundamental social, que deve ser realizado por meio de prestações a que o Estado está vinculado, com a finalidade de garantir o mínimo existencial. Assim, o Poder Judiciário pode ser acionado para exigibilidade do direito à educação. A legitimação da decisão judicial nessa seara depende da utilização de uma metodologia que torne racional a tomada de decisão do juiz. Nesse passo, a ponderação pode ser adotada como técnica de interpretação/aplicação do direito. Conclui-se que as limitações financeiras não devem prejudicar a realização do direito à educação, bem como que há o predomínio do emprego das técnicas extrajudiciais de tutela coletiva pelo Ministério Público, para fiscalização e defesa da educação.

Masters in Public Administration - MPA / The study assesses the application of policies on the right of refugees and asylum seekers with regard to the education of their children, and the many challenges impeding this right. Fundamental changes in the legal framework protecting the right to education of the children of refugees and asylum seekers have been in place since 1994, when South Africa became a democratic state. The principles of international treaties recognising the rights of children were incorporated into the Constitution of South Africa of 1996, demonstrating South Africa’s commitment to the protection of children’s rights. However, studies have suggested that, refugees’ and asylum seekers’ children have been discriminated against in terms of access to education, despite the legislative framework which provides for equal and inclusive education in South Africa. Access to education for migrant children in South Africa is invariably met with challenges which constitute a violation of the Constitution and international law. This study assessed policies and practices affecting refugees’ and asylum seekers’ children to access primary schools in a democratic South Africa. The researcher argues that access to education for refugees and asylum seeker’s children must be guided by the social justice principle of “every child deserves an education”, regardless of the legality of their parents in South Africa. Failure to afford them the opportunity to study is a violation of the Constitution and international law. The study used semi-structured interviews based on a questionnaire. Participants included parents who were refugees or asylum seekers, schools’ principals, and officials from Scalabrini Centre and the Western Cape Education Department (WCED). The data collected from respondents was presented, discussed and analyzed through a thematic analysis approach. From data collected, it was possible to identify the barriers preventing refugees’ and asylum seeker’s children from accessing education. Some of the barriers were generated from gaps in migration policy, ineffective policy implementation, poor documentation and various institutional challenges. Based on the study findings, it is recommended that South African lawmakers formulate policies that speak to the needs of the refugee child and amend the current migration policy to make it more reasonable and accommodative with regard to meeting the needs of migrants’ children in general, and refugee’ and asylum seekers’ children in particular. This would enable South Africa to uphold the constitutional values and its international obligations in relation to the promotion and protection of the right to education for all children.

Over the years, a net increase in enrolment rates in primary schools has been observed worldwide. Nevertheless, in West Africa, girls still lag behind in terms of basic education. Although many other African societies face educational challenges in terms of realising girls’ right to education, educational challenges are far greater for women and girls in West Africa. This region is considered to have the highest illiteracy level in the world, and the level of illiteracy is even higher for females. As a result, a gap persists between the number of boys and girls in primary schools. The reasons why this gap persist is because cultural limitations and poverty still undermine the realisation of girls’ right to basic education in this part of the world. Girls’ right to primary education is undermined through patriarchy; negative cultural perceptions associated with girls’ education, child labour or child marriages, to mention but a few. Not only are educational disparities visible in terms of gender, but educational disparities are also visible between urban and rural areas. By taking into account such differences, and in order to best achieve universal basic education in West Africa, the use of multiple strategies is advised. It requires primarily the enforcement of legal measures in order to improve girls’ enrolment and retention rates. Simultaneously, it requires economic solutions which can help the poor to send girls to school, with in addition strategies which focus on the role that institutions can play; whether these institutions are governments, traditional or religious institutions. Evidently, with these strategies, the role played by other actors such as citizens and non-governmental organisations, in ensuring girls’ right to basic education cannot be underestimated. / Dissertation (MPhil)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

Background: After independence education was declared one of the inviolable fundamental human rights of all persons entrenched in the Supreme Law of the country, the Constitution of the Republic of Namibia. It is an irrefutable fact proven by a number of research findings and confirmed by educational theorists and decided cases that appropriate and quality early childhood education is a foundation of all levels of education. In Namibia currently, public early childhood development and education is provided by community members in Early Childhood Development Community Centres in both rural and urban areas. It is against this background that the purpose of the study on which this research report is based was to determine, through stakeholder participants’ eyes, how the presumed right to education of the pre- grade one learners in rural early childhood development and education community centres (ECDECCs) in Northern Namibia is adhered to. Research Design and Methodology: The study was based on a qualitative interpretive hybrid case study of four (including pilot study) rural ECDECCs, review of early childhood development and education literature, legal literature, relevant legislation, case law, regulations, policies and International Human Right Instruments conducted before and after conducting research in the field. Empirical data were collected through semi-structured individual (one on one) face to face interviews with various stakeholder participants (such as heads of/teachers at ECDECCs, parents/guardians, community leaders/members, officials from the Ministry of Gender Equality, Ministry of Education and Human Rights Activists. The findings of the study were inter alia that all participants had knowledge of and understood the fact that five to six years old children indeed have the right to education, and most of them also understood the significance of pre- grade one learners’ education. As such, the communities were doing everything in their power to provide early childhood education. However, early childhood development and education community centres were ill-equipped in terms of physical facilities, human resources, and learning-teaching aids. In addition, heads of centres/teachers were not properly trained. There was no tap water, no electricity, and no toilet facilities. Most children did not fully or not at all attend community centres for early childhood education, because of inability on the part of their parents/guardians to pay the prescribed fees. Buildings (structures) in which pre-grade one education was practised were not completed and therefore not suitable for human occupation, as community members who initiated them did not have sufficient funds to finance such undertakings. Literature studies of selected relevant legal literature, Constitutions, legislation, decided cases and international human right instruments confirm the fact that pre-grade one education is indeed a legally enforceable fundamental human right to basic education. To this end, there are legal determinants of the provision of pregrade one learners early childhood development and education. Recommendations were that the State (government) had to take over early childhood education, and that teachers have to be academically and professionally trained and accordingly paid salaries by the Ministry of Education. Because of the above obstacles experienced in rural ECDECCs, pre-grade one learners’ right to education leaves much to be desired. Consequently, it is recommended that the Ministry of Education must, as of necessity, legally take over education of all pre-grade one learners (preprimary learners) in entirety in order to comply with the provisions of International Human Rights Instruments in general, and Article 20 (1) of the Constitution of Namibia in particular. In addition, in order to ensure promotion, advancement, realisation and fulfilment of the pre-grade one learners’ right to education, the current Namibian Education Act needs to be amended like the South African Schools Act, or a new Early Childhood Development and Education Act has to be promulgated altogether, to specifically and particularly cater for the pre-grade one learners’ right to basic education. This is indispensable because, in the words of Smith (2011: 305): “The value and necessity of education is beyond dispute because education is both a human right in itself and a crucial means of realising other human rights.” The study concluded that early childhood education provision and practice in ECDECCs in rural areas in their current nature and status at the time of conducting this study in Northern Namibia leaves much to be desired. As such, it is not the best possible vehicle for the early childhood development and education provision of pregrade one education for the five to six years old children in light of their human right to education. / PhD (Education Law), North-West University, Potchefstroom Campus, 2015

Background: After independence education was declared one of the inviolable fundamental human rights of all persons entrenched in the Supreme Law of the country, the Constitution of the Republic of Namibia. It is an irrefutable fact proven by a number of research findings and confirmed by educational theorists and decided cases that appropriate and quality early childhood education is a foundation of all levels of education. In Namibia currently, public early childhood development and education is provided by community members in Early Childhood Development Community Centres in both rural and urban areas. It is against this background that the purpose of the study on which this research report is based was to determine, through stakeholder participants’ eyes, how the presumed right to education of the pre- grade one learners in rural early childhood development and education community centres (ECDECCs) in Northern Namibia is adhered to. Research Design and Methodology: The study was based on a qualitative interpretive hybrid case study of four (including pilot study) rural ECDECCs, review of early childhood development and education literature, legal literature, relevant legislation, case law, regulations, policies and International Human Right Instruments conducted before and after conducting research in the field. Empirical data were collected through semi-structured individual (one on one) face to face interviews with various stakeholder participants (such as heads of/teachers at ECDECCs, parents/guardians, community leaders/members, officials from the Ministry of Gender Equality, Ministry of Education and Human Rights Activists. The findings of the study were inter alia that all participants had knowledge of and understood the fact that five to six years old children indeed have the right to education, and most of them also understood the significance of pre- grade one learners’ education. As such, the communities were doing everything in their power to provide early childhood education. However, early childhood development and education community centres were ill-equipped in terms of physical facilities, human resources, and learning-teaching aids. In addition, heads of centres/teachers were not properly trained. There was no tap water, no electricity, and no toilet facilities. Most children did not fully or not at all attend community centres for early childhood education, because of inability on the part of their parents/guardians to pay the prescribed fees. Buildings (structures) in which pre-grade one education was practised were not completed and therefore not suitable for human occupation, as community members who initiated them did not have sufficient funds to finance such undertakings. Literature studies of selected relevant legal literature, Constitutions, legislation, decided cases and international human right instruments confirm the fact that pre-grade one education is indeed a legally enforceable fundamental human right to basic education. To this end, there are legal determinants of the provision of pregrade one learners early childhood development and education. Recommendations were that the State (government) had to take over early childhood education, and that teachers have to be academically and professionally trained and accordingly paid salaries by the Ministry of Education. Because of the above obstacles experienced in rural ECDECCs, pre-grade one learners’ right to education leaves much to be desired. Consequently, it is recommended that the Ministry of Education must, as of necessity, legally take over education of all pre-grade one learners (preprimary learners) in entirety in order to comply with the provisions of International Human Rights Instruments in general, and Article 20 (1) of the Constitution of Namibia in particular. In addition, in order to ensure promotion, advancement, realisation and fulfilment of the pre-grade one learners’ right to education, the current Namibian Education Act needs to be amended like the South African Schools Act, or a new Early Childhood Development and Education Act has to be promulgated altogether, to specifically and particularly cater for the pre-grade one learners’ right to basic education. This is indispensable because, in the words of Smith (2011: 305): “The value and necessity of education is beyond dispute because education is both a human right in itself and a crucial means of realising other human rights.” The study concluded that early childhood education provision and practice in ECDECCs in rural areas in their current nature and status at the time of conducting this study in Northern Namibia leaves much to be desired. As such, it is not the best possible vehicle for the early childhood development and education provision of pregrade one education for the five to six years old children in light of their human right to education. / PhD (Education Law), North-West University, Potchefstroom Campus, 2015

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O direito à educação de pessoas com deficiência tem provocado e instigado inúmeras discussões, de caráter político e acadêmico, de forma intensa desde os anos 90. Tais discussões transitam pela defesa do acesso à educação, pela busca de novas formas de se compreender e analisar as situações de deficiências, pela constituição de políticas sociais não assistencialistas, pela discussão da relação público e privado na promoção de serviços de atenção às especificidades das deficiências, e, ainda, pelo financiamento necessário para uma atenção de qualidade. Esses campos se desdobram em seus interiores em tantos outros, mas todos terão como diretriz de suas proposições a garantia de um tratamento igualitário, sob as premissas dos direitos humanos. A proposição da pesquisa, desenvolvida nessa dissertação, centrou-se especificamente no campo da educação e na análise da Política Nacional de Educação Especial na Perspectiva Inclusiva (PNEE), considerando-se que tal documento buscou interpretar e direcionar as transformações necessárias no direito à educação das pessoas com deficiência, como uma resposta, ao conjunto de discussões. O papel da educação especial e a correlação com a educação inclusiva também serão abordados buscando compreender as relações e as consequências destas aproximações na política educacional. Dessa forma, a partir do fundamento, talvez principal na escrita desse documento, de que a reconfiguração dessa área primava pela atenção aos direitos humanos, definiu-se como objetivo primeiro e basal, inclusive como procedimento metodológico, retomar o estabelecimento da educação como um direito humano, no conjunto dos direitos sociais, e a implicação dessa diretriz na formulação das políticas públicas. Apresentou-se, complementar à análise, a necessária discussão sobre o universal e o focalizado na elaboração das políticas públicas, além da necessidade de se diferenciar, no interior das ações específicas direcionadas a grupos também específicos, as ações direcionadas de atenção e aquelas formuladas sob a égide da focalização no interior de uma política de Estado mínimo. Outro objetivo estabelecido, temática também muito cara no interior do objeto de estudo proposto para análise, foi compreender como perpassa ao debate a discussão sobre a experiência humana da deficiência, proposta por diferentes modelos e abordagens, e que tem consequências diretas na formulação das políticas sociais, seja na forma de atenção direcionada ou focalizada. Tomou-se como pressuposto para a análise as discussões do modelo social de compreensão da deficiência, pois esse é o modelo de maior aderência, até o presente momento, nos debates das políticas públicas de atenção à pessoa com deficiência no cenário nacional. Por fim, retomo o documento da PNEE buscando realizar análise do conteúdo, aí presente, das interpretações do direito à educação, a partir das perspectivas construídas nas discussões propostas anteriormente nessa dissertação. Não se colocou como objetivo nesse ponto analisar os contextos de influência que resultaram na elaboração, no entanto, ainda que se apresente como expressão discursiva de uma hegemonia do pensamento nacional, as brechas e contradições se apresentam. / The right to education of persons with disabilities has provoked and instigated numerous discussions of political and academic character, intensely since the 1990s. Such discussions transit through the defense of access to education, seeking new ways to understand and analyse situations of disability, by the constitution of nonassistentialist social policies, the discussion of public and private relations in the promotion of attention services to the specificities of disabilities, and also by the financing needed for quality attention. These fields unfold in their interiors and in so many others, but all of them will have as guideline of their propositions the guarantee of an equal treatment, under the premises of human rights. The research proposition, developed in this dissertation, focused specifically on the field of education and analysis of the National Policy on Special Education in the Inclusive Perspective (PNEE), considering that such document sought to interpret and direct the necessary transformations in the right to education of persons with disabilities, as an answer to the set of discussions. The role of special education and the correlation with inclusive education will also be addressed aiming to understand the relationships and consequences of these approaches in educational policy. Thus, from the foundation, perhaps main in the writing of this document, that the reconfiguration of this area highlighted by the attention to human rights, it was defined as a first and basal objective, including as a methodological procedure, to retake the establishment of education as a human right, in the social rights as a whole, and the implication of this guideline in the formulation of public policies. The necessary discussion about the universal and the focused on the elaboration of public policies was presented, complementary to the analysis. It was also considered necessary to differentiate the specific actions also directed to specific groups, the targeted actions of attention and those formulated under the support of focusing inside a minimal state policy. Another established objective, which is also thematically important within the study object proposed for analysis, is to understand the discussion about the human experience of disability, proposed by different models and approaches and which have direct consequences on the formulation of social policies, either in the targeted or focused attention way. The discussion of the social model of understanding disability was taken as the presupposition for this analysis, since this is the greater adherence model, up to the present moment, in the debates of the public policies of attention to the persons with disability, in the national scenario. Finally, I return to the PNEE (National Policy on Special Education in the Inclusive Perspective) document aiming to content analysis of the present discourse of the interpretations of the right to education, from the built up perspectives earlier proposed in this dissertation. It was not aimed at this point to analyse the contexts of influence that resulted in the elaboration, however, even if it presents itself as a discursive expression of a hegemony of national thought, the breaches and contradictions are present.

Le droit de chacun à l'éducation est un droit fondamental indispensable à l'exercice des autres droits. Il est consacré par plusieurs instruments internationaux de protection des droits de l'homme. L'éducation occupe une place de choix dans le droit international des droits de l'homme et la Communauté internationale y accorde une attention particulière en tant que condition essentielle de la paix et du développement. L'obligation qui incombe aux Etats est d'assurer à tous le plein et l'égal accès à l'éducation et réaliser l'idéal d'une chance égale d'éducation pour chacun. En Mauritanie, la mauvaise gestion de la diversité ethnolinguistique, les inégalités économiques et sociales et la persistance de l'esclavage et des pratiques esclavagistes font obstacle à l'exercice effectif de ce droit, droit dont l'accès ne doit faire l'objet d'aucune discrimination sur laquelle il est interdit de la fonder. L'objet de notre travail est de voir la synthèse entre les exigences du droit international, le droit mauritanien fondé sur la Shari'a islamique et le souci de la construction d'une identité mauritanienne. / The right of everyone to education is a fundamental human right indispensable for the exercise of other rights. It is enshrined in several international instruments of protection of human rights. Education occupies a prominent place in the international law of human rights and the international community will pay special attention as an essential condition for peace and development. The obligation of States is to ensure full and equal access to education and achieve the ideal of equality of educational opportunity for everyone. In Mauritania, the mismanagement of ethnolinguistic diversity, economic and social inequalities and persistence of slavery and slavery-like practices hinder the effective exercise of this law, which access shall be no discrimination on which it is prohibited grounds. The purpose of our work is to see the synthesis between the requirements of international law, the Mauritanian law based on Islamic Shari'a and the desire to build a mauritanian identity.