Made available in DSpace on 2014-06-11T19:25:39Z (GMT). No. of bitstreams: 0 Previous issue date: 2008-03-18Bitstream added on 2014-06-13T19:33:06Z : No. of bitstreams: 1 cabral_km_me_prud.pdf: 868084 bytes, checksum: 7f340bc9f034e463289b1b4a937ee770 (MD5) / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES) / A proposta desta pesquisa é analisar a possibilidade que a sociedade brasileira possui de buscar o Direito ao ensino fundamental de qualidade junto ao Poder Judiciário, quando este Direito, que deveria ser assegurado pelos órgãos competentes (Poder Executivo), for violado, desrespeitado e/ou não efetivado. O objetivo do trabalho, portanto, é verificar se é possível exigir judicialmente o Direito a um ensino fundamental de “qualidade”, conforme prevê o artigo 206, inciso VII, da CF e, também, de que forma isto se pode ser efetuado. O Direito à educação de qualidade é um Direito inerente à pessoa humana, um Direito Fundamental, garantido pela Constituição Federal, pela LDB, pelo Plano Nacional de Educação e pelo Plano de Desenvolvimento da Educação, e, portanto, por ser característica essencial de todos os seres humanos, não poderia ser desrespeitado. Isto porque, o cerne da educação escolar é produzir e transmitir conhecimento e é através dele que o homem pode vir a transformar a natureza, organizar-se socialmente e elaborar a cultura. Assim, se a educação que os alunos brasileiros estão recebendo não é de qualidade, não há a possibilidade de produzir este conhecimento. Por isso, apesar da dificuldade para determinar a “qualidade da educação”, é importante esta discussão, para que se possa suscitar sua exigibilidade judicial dos órgãos competentes (Poder Executivo), quando não cumprida devidamente. Na prática, a exigência do Direito à Educação guarda enormes desafios, tanto quanto ao despreparo do Sistema de Judiciário Brasileiro para lidar com esta temática, como na ausência ou ineficácia de políticas públicas que garantam este Direito, sobretudo o Direito à qualidade desta educação. Esta pesquisa apresenta, portanto, como resultado principal alguns meios jurídicos capazes de garantir a qualidade do ensino fundamental, partindo, esta exigibilidade... / The aim of this research is the analyze the possibility of Brazilian society to demand the right to quality in education, in the “ensino fundamental” in the Judiciary Power, when this right, that should be assured by the competent power (Executive Power), is violated, disrespected or not effectuated. The objective of this work, therefore, is to verify if it is possible to demand in court the right to “quality education”, that is written in the Federal Constitution, article 206, incise VII, and, also, how can it be put into effect. The right to quality education is a right that is inherent to every human person, a Fundamental Right, assured by the Constitution and other lacus such as the 9.394/96, the National Plan of Education and the Plan for the Development of Education and, therefore, being inherent to every human person, could not be disrespected. That’s because the very core of Education in Schools is the transmission and production of knowledge and it’s thru it that men can transform nature, organize themselves on a society and elaborate culture. So, if educations that Brazilian students are getting have no quality, there’s no may to produce this knowledge. Therefore, in spite of the difficulty to determine “quality of education”, this is an important discussion, in order to make possible this quality education to be demanded, thru Judiciary Power, from the instances that are supposed to carry it out, when they are not doing so. Practically, the demand to the right of education yields huge challenges, referring both to the little preparation that the Judiciary System has to deal with this theme, and to the absence or ineffectiveness of public policies aimed at guaranteeing this right, especially the right to the quality of this education. Therefore, this research presents, as its main result, same legal means able to guarantee the quality of this education...

Orientador: Maria Teresa Micely Kerbauy / Banca: Ricardo Ribeiro / Banca: Sebastião de Souza Lemes / Banca: João Ferreira de Oliveira / Banca: Elisangela Alves da Silva Scaff / Resumo: A presente tese tem como objetivo geral desenvolver uma análise comparativa sobre o ordenamento legal dos países membros (Argentina, Brasil, Paraguai, Uruguai e Venezuela) do Mercado Comum do Sul (Mercosul), considerando a garantia do direito à educação. Por sua vez, os objetivos específicos são: Identificar a relação entre o direito internacional público e o direito humano à educação; Compreender a inserção do Mercosul no contexto da globalização e integração regional; Analisar as metas dos Planos de Ação do Setor Educacional do Mercosul, no período de 1992 - 2015, como diretrizes para a definição de políticas públicas voltadas para a promoção do direito à educação básica e; Analisar, comparativamente, a garantia do direito à educação básica à luz dos indicadores educacionais dos países membros do Mercosul. Para tanto, foi realizada, mediante metodologia de estudo comparado, uma pesquisa bibliográfica e documental com enfoque qualitativo. A fonte documental é constituída pelos seguintes documentos: Constituições vigentes dos países que compõem o referido bloco; Legislação educacional (Lei de Diretrizes e Bases e/ou legislação equivalente), os Planos de Ações do Setor Educacional do Mercosul, assim como outras normatizações que complementam as leis educacionais dos países visando comparar aspectos referentes à obrigatoriedade, gratuidade, financiamento e organização dos sistemas de ensino. Ademais, a discussão versa pela comparação e confronto dos ordenamentos... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: The main objective of this thesis is to develop a comparative analysis of the legal framework of the MERCOSUR member countries (Argentina, Brazil, Paraguay, Uruguay and Venezuela), considering the guarantee of the right to education. In turn, the specific objectives are: To identify the relationship between public international law and the human right to education; Understand the insertion of Mercosur in the context of globalization and regional integration; Analyze the goals of the Action Plans of the Mercosur Education Sector, from 1992 to 2015, as guidelines for the definition of public policies aimed at promoting the right to basic education; Analyze, comparatively, the guarantee of the right to basic education in the light of the educational indicators of Mercosur member countries. For that, a bibliographic and documentary research with a qualitative approach was carried out, using a comparative study methodology. The documentary source is constituted by the following documents: Constitutions in force of the countries that make up said block; Educational legislation (Law on Guidelines and Bases and / or equivalent legislation), Mercosur Educational Sector Action Plans, as well as other regulations that complement the educational laws of the countries in order to compare aspects related to the obligatory, gratuitous, financing and organization of the systems education. In addition, the discussion is related to the comparison and comparison of legal orders, data of educational indicators, with the reflections raised by the literature of the area, seeking to highlight advances and limits in the legal scope of protection of the right to education, whose reality needs investigations . In the context of Mercosur, we observe that the right to education has been consolidated in the constitutions and infraconstitutional legislations... (Complete abstract eletronic access below) / Doutor

This research approached the issue of the right to education for children with disabilities in Rwanda. It sought to analyse Rwandan international obligations regarding the right to education of the above mentioned category of children. It also sought to explore Rwandan legal and policy frameworks that were designed to protect and promote the right to education of these children. The research found that some of the provisions of Rwandan legal frameworks do not align with international standards because they focus on segregation rather than on inclusion. The study found also that some policy and strategic frameworks, either overlook the issue of the inclusive education, or do not provide comprehensive strategies to deal with this human rights issue. The research recommended that the amendment be made with respect to the policy and strategic plan framework that disregard or do not provide comprehensively the right to education for children with disabilities. It also urged that the discriminatory provisions be repealed. Finally, the research recommended that the GoR should elaborate a specific policy that promotes inclusive education in order to reach to the education for all by 2015. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Centre for Human Rights / unrestricted

Magister Legum - LLM / After the 9/11 terrorist attacks in the United States of America, there has been a shift in the policies of many countries to combat terrorism. Terrorism has had a devastating effect on many citizens of the world. These include 'the enjoyment of the right to life, liberty and physical integrity of victims. In addition to these individual costs, terrorism can destabilise Governments, undermine civil society, jeopardise peace and security, and threaten social and economic development. All of these also had a real impact on the enjoyment of human rights. Therefore the fight to curb further terrorist attacks is paramount. States are charged with the responsibility of curbing terrorism by their citizens. But with responsibility comes obligations to the citizenry.2 States should therefore not engage in policies or actions that further deprive others of their enjoyment of human rights. This is well put by Hoffman when he says history shows that when societies trade human rights for security, most often they get neither. / South Africa

Magister Legum - LLM / This study seeks to assess the extent to which national laws ensure that CWDs are accessing the right to education on an equal basis with non-disabled children. The study also seeks to assess the policy, legislative and administrative gaps surrounding the exercise of this right. The study process involved review of the policy and legal framework on education for CWDs vis-à-vis international human rights standards and norms. To this end, this study attempts to raise and discuss the following research questions:- What are the international standards on the right to education of CWDs? To what extent is the Government of Ethiopia‟s laws and policies on education for CWDs conform to these international human rights standards? To assess the extent to which national laws on education for CWDs comply with international human rights standards and norms, the research will address other related sub-questions such as:- Are there detailed and sufficient laws that facilitate the effective exercise of the right to education of CWDs? What are the challenges as well as the opportunities in upholding the education rights of CWDs in Ethiopia?

Magister Legum - LLM / Armed conflict impacts negatively on the child's right to education as the targeted attacks on schools, school children, teachers and school facilities can cause a drop in school enrolment and attendance as well as longer term effects on the standard of education provided. This study assesses the impact of armed conflict on the child's right to basic education in the context of the Boko Haram insurgency in Nigeria. Also, considering that the child's right to education protected in international and regional human rights instruments is not suspended during armed conflict, the study also assesses how well the Nigerian government in line with its international and regional human rights obligations has responded to the educational needs of children affected by the Boko Haram insurgency.

This treatise investigates the extent to which education could be declared an essential service. This is informed by an ongoing public perception that education is in a crisis as a result of the ease within which teachers embark on wildcat strikes, the level of absenteeism in schools, the manner in which communities prevent learners from attending school to place pressure on the state to meet service delivery demands, the lack of professionalism among teachers and the performance of our learners in achieving international benchmarks of results. The treatise critically explores the debate, in the South African context, on the need to declare education as an essential service in South Africa. This is done by examining the international benchmarks set by the International Labour Organization (ILO) in relation to essential services and what motivating reasons exist, if any, to proceed with declaring education as an essential service. There is a dire need to find a balance between the teachers’ right to strike and the learners’ right to basic education. At the moment there is a threat to this balance with the rights of teachers appearing to override those of learners and this has a negative impact on the learning outcomes and stability in education. The question that arises is what measures must the South African government put in place to ensure that the fundamental rights to education are not compromised. If the current situation continues to prevail it has the danger of retarding the development of a society in transition. There is a need for urgent intervention that takes on a consensus-based approach of identifying education as an essential priority in the interests of all. Can this be achieved by developing a minimum service level agreement for education that outlines which levels of teachers may go on strike? Can policy be regulated that outlines the duties of principals and deputy principals as those who are in the authority of the state and as such may not go on a strike? Can this be achieved without compromising the rights of any citizen as guaranteed in the Constitution of South Africa? The solution that this treatise provides to these vexing questions attempts to balance the rights of teachers with those of learners with a view to normalizing and stabilizing education in South Africa. It recommends that policy be set in place for principals and deputy principal that identifies them as part of those public servants who are in the authority of the state and therefore may not embark on a strike. This will enable the state to gain control of striking situations in education to ensure that there is still authority at the schools to maintain some level of minimum service, especially where there are very young learners. At the same time this will not be so severe as to render a strike in education ineffective for the teachers’ not to be able to exert force on the state to achieve improved conditions of service for themselves.

The thesis examines the right to education in South Africa and Nigeria. It presents the right to education as an empowerment right which is given a wide recognition in a number of important international and regional human rights instruments as well as in national constitutions. It asserts that the right to education is a right with a multiplying effect in the sense that where it is effectively guaranteed, it enhances the enjoyment of all other rights and freedoms, and when it is denied, it precludes the enjoyment of many other human rights. The thesis examines the provisions of relevant international and regional human rights instruments to assess the adequacy of a framework that applies to South Africa and Nigeria's obligations regarding the right to education. It argues that those instruments impose obligations on all the States to make primary, secondary and higher levels of education available, accessible, acceptable and adaptable to all in their territories. It argues that by having ratified those international agreements in which the right to education is protected, both South Africa and Nigeria assume obligations under international law, enjoining them to realise the right to education and to respect freedoms in education. The study adopts a comparative approach and relies on primary and secondary sources of data; the data is subjected to an in-depth content analysis. The focus of the comparison is on whether the South African's position regarding the right to education can inform Nigeria's interpretation of the right to education. The reason being that the Nigerian Constitution does not provide for the right to education as a basic right as exists in South Africa. The Nigerian Constitution categorised the right to education under “fundamental objectives and directive principles” which are non-justiciable. In this sense, the thesis argues that the legal classification of the right to education, to a large extent, affects its realisation in Nigeria. It suggests that an important area where Nigeria could learn from South Africa is the issue of justiciability and constitutionalising the right to education as well as other socio-economic rights. In terms of implementation, the thesis submits that despite the international obligations and commitments to provide education for all, there is a significant gap between what is stipulated and the practical realities in the two countries. It argues that the right to education is more than a mere school attendance, how well a learner progresses in school is equally important. It posits that the high failure rates and the progressive slide in students' performances in schools xx examinations as shown in the study illustrate the poor quality and falling standard of education in the two countries. South Africa enjoys one of the highest rates of formal school enrolment of any developing country, yet the link between access and success is also weak in the South African schools just as in Nigerian schools. Inadequate planning, poor implementation of policies, lack of adequate resources and commitments are identified as the prime factors hampering the implementation of the right to education in both countries. Solving these problems and making the right to education realisable call for a renewed government commitments and investment of appropriate human and financial resources on education. This also requires a strong political will as well as concerted efforts of all the various actors in the educational sector in the two countries.

The study seeks to achieve the following: (1) Highlight the perception of the Batwa on the right to education (2) Make a case for the importance of education in the interest of the Batwa (3) Make conclusions and recommendations that will enhance the right to education of the Batwa child. Conclusions and recommendations reached would not only assist Uganda in fashioning out a model that will not seek to treat education as a means to economic end but as an end in itself. In addition, an all-encompassing model of education that will encourage quality education and training of the indigenous child to erase any form of disadvantage or inferiority already experienced by the indigenous child is proposed. Thus, the benefit of this research is not just to the Batwa but also other indigenous peoples’ in the world generally and Africa in particular / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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 Assoc. Prof. Dr. Ben Twinomugisha of the Faculty of Law, Makerere University Kampala / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact on university acceptance and impairs the socio-economic growth in the country, especially when taking into account the history of prejudice as regards education in South Africa. This dissertation considers whether or not education should be declared as an essential service in terms of the Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right to strike. In order to determine whether education should be designated as an essential service, the right to strike and the right to education as enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed up against each other. By declaring education as an essential service it will ensure that the latter right is more adequately realised, in turn having a positive impact on the development of South Africa. In declaring education an essential service, educators will not be left without remedy as other remedies (which do not impair the rights of learners) do indeed exist and will be available to said educators in accordance with relevant legislation and provisions. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015