In the past 30 years, the inspiring progress of the basic education in China has attracted global attention, not merely for China’s determination of developing national education, but for the workable strategies adopted by the Chinese government to implement the right to education as well. The right to education, a fundamental human right recognized in both global and domestic legal system, is elaborated by United Nations human rights bodies on four key dimensions of availability, accessibility, acceptability, and adaptability. The achievement of expanding education to all children for minimum of nine years in China, to a certain extent, is a quantitative triumph of universal access to basic education. However, beyond the statistical victory of enrollment in schools, the increasing disparity of access to good quality education among different social groups, especially between urban and rural children, remains the biggest challenge for China to fully meet the four dimensions of the right to education. The thesis attempts to explore the factors related to policy-making, institutional governance and legal protection, which may result in the gaps in qualitative development of the basic education in China. The study focuses on the development of basic education in China and scrutinizes the two aspects of implementation of the right to education: policy-making and protection of individual right. In the line with a human rights-based approach promoted by United Nations and UNESCO, the thesis evaluates how the Chinese government performs the obligations to promote, protect and fulfill the right to education in terms of availability, accessibility, acceptability, and adaptability. The thesis observes that the fulfillment of right to education in China, despite the remarkable quantitative increase in school enrollment and educational facilities, has not fully complied with the obligations required by the relevant human rights treaties. To meet with universal standards on basic education further, the study concludes that strategies for implementing the right to education in China must shift to qualitative development by applying a rights-based approach to education and an effective framework for the provision and enforcement of legal remedies for the substandard education. These analyses are crucial to inspect the development of Chinese basic education, which both presents China’s successful strategies of promoting national action plans of education, and reveals gaps remained in the enforcement of the right to education in China. The purpose of the research is not only to address the current problems existing in the field of basic education, but also to explore the adoptable measures to further improve the enjoyment of the right to education in China. / published_or_final_version / Law / Master / Doctor of Legal Studies

Thesis (Ph.D.(Education Management and Policy Studies))-University of Pretoria, 2005. / Includes bibliographical references. Available on the Internet via the World Wide Web.

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This study intends to explore if ¡§right to education¡¨ is guaranteed by the Constitution in our country and, furthermore, tries to construct a new theoretical framework for clarifying the function and scope of protection of ¡§right of education¡¨. This paper reviews various theories with regard to ¡§right to education¡¨ and finds a great diversity on this issue. According to the author, such a variety occurred because two characteristics of clause of fundamental rights--statutorization and openness-- have rarely been emphasized in discussing ¡§right to education¡¨. Therefore, this paper tries to develop a new theory based upon the ¡§scope of constitutional protection¡¨. The ¡§scope of constitutional protection¡¨ should accord with the scope of people¡¦s life. This concept leads to a new theory regarding interpretation method¡X¡§system¡¨ and ¡§systematic fallacy¡¨. Based upon the new theoretical framework, this paper criticizes the Judicial Yuan Interpretation No. 563 as defective in interpretational logic and interpretation method.

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Magister Legum - LLM

This study focuses on the Muslim Turkish minority in Greece and the development of its educational rights. It starts with the 1923 Lausanne Treaty that established the minorityhood of the Muslim ummah for the former Ottoman territory and explores various aspects of Minority education between then and the end of the 2000s. While doing so, it treats these rights as individual rights with a collective aspect; some of the individual rights of minorities can only be enjoyed together with others. Also, it draws a direct correlation between the Minority's education and its rights. That is, in the case that the education level of the Minority was high, there was less discrimination against members of the Minority, since they had the linguistic skills, educational background and self-confidence to fight against violations of their rights by the host country, Greece. Also, it emphasizes the involvement of external actors in the development of Minority education in Western Thrace. Concerning the development of Minority education, this study argues that minorities' rights are not only ‘given' by host states but also ‘claimed' by members of minorities through various struggles at the local, national and international level. Also, as well as the Minority and the Greek state, various external agents, such as Turkey and the European Union, are also involved in the struggle between the Minority and the Greek state over the former's education. The impact of these agents on the survival of the Minority's educational rights was immense, particularly from the 1980s onwards. It was primarily the inclusion of these external actors that pushed Greece to change its discriminatory policy against the Minority in 1991. This study demonstrates that a number of the individual rights emanating from the Minority's Greek citizenship have only been recognized since 1991. Nonetheless, I conclude that in spite of some improvements, the Minority's difficulties in the realm of rights with collective aspects, such as education of Minority students in a bilingual environment, persist.

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.‟1 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.

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.‟1 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.

Orientador: Maria do Carmo Monteiro Kobayashi / Banca: Tania Ramos Fortuna / Banca: Rosa Maria Manzoni / Resumo: Analisando as ações docentes, é evidente que a infância vem sendo retirada das crianças, em nível crescente e precoce. Nesse contexto, a priorização de conteúdos curriculares ganha espaço, enquanto que os momentos lúdicos passam a ser menos frequentes. Assim, os jogos, as brincadeiras e os brinquedos são interpretados como desnecessários, e, por isso, devem ser deixados de lado na escola - um ambiente sério, local de aprender. Contudo, tais práticas vão de encontro aos próprios direitos da criança, preconizados na Constituição Federal (BRASIL, 1988) e nas Diretrizes Curriculares Nacionais da Educação Básica (BRASIL, 2010b), que ressaltam o dever de toda a sociedade em zelar pela infância, oportunizando o brincar, de modo a assegurar às crianças os seus direitos, e de aprender sem a antecipação de conteúdos curriculares. É diante dessas contradições, que se tem discutido sobre a inserção de brincadeiras no processo de aprendizagem, inclusive em cursos de formação continuada, como, o Pacto Nacional pela Alfabetização na Idade Certa (BRASIL, 2012a). Objetiva-se, então, avaliar se o direito à infância e o direito de aprendizagem e do brincar estão assegurados nos anos iniciais do Ensino Fundamental - EF em escolas públicas de Bauru - SP, e se o desenvolvimento de práticas pedagógicas se relaciona à formação lúdica docente. Além disso, avaliar-se-á como a ludicidade em sala de aula é inserida nas práticas pedagógicas. Este trabalho caracteriza-se como uma pesquisa documental e bib... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: When analysing teaching actions, it becomes evident that childhood has been taken away from children, in a precocious and increasing level. In this context, the prioritisation of curricular content gets increasing attention while ludic moments become less frequent. Thus, games, plays and toys are interpreted as unnecessary, and, therefore, should be left aside in the school - a serious environment and a place of learning. However, such actions go against the Children's Rights, which are present in the Federal Constitution (BRASIL, 1988) and in the National Curricular Guidelines for Basic Education (BRASIL, 2010b). Both emphasise the obligation of every society to watch over childhood, creating opportunities for play, in order to ensure their rights, learning without the anticipation of curricular content. In the light of those contradictions, the insertion of plays in the learning process has been discussed, including the courses of continued formation, like the National Pact for Literacy in the Right Age (BRASIL, 2012a). Therefore, it is objective of the present study to evaluate if the right to childhood and the right to learn and play are secured during the initial years of the Elementary School - ES of the public schools in Bauru - SP, and if the development of pedagogical practices is related to the teacher's ludic formation. Besides that, it is evaluated how the ludic moments in the classroom are inserted in pedagogical practices. This study is characterised as a docume... (Complete abstract click electronic access below) / Mestre