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

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

O atendimento educacional especializado complementar para alunos com deficiência intelectual é uma das formas de se exercer o direito à diferença de modo a garantir a igualdade de oportunidades no processo de escolarização. E, para que a inclusão escolar desses alunos resulte em exercício do direito à educação, é necessário que a experiência escolar seja repensada do ponto de vista da gestão e dos resultados que dela se espera, tanto na esfera dos sistemas de ensino, como da gestão escolar e da sala de aula. Também é preciso que o professor especializado no campo da deficiência intelectual compreenda o funcionamento cognitivo para saber como fazer mediações pedagógicas que resultem em condições mais favoráveis à aprendizagem desses alunos. O presente estudo objetivou a construção de referenciais para a consolidação do atendimento educacional especializado complementar da APAE de São Paulo, como serviço de apoio aos sistemas de ensino na inclusão escolar do aluno com deficiência intelectual. Teve a pesquisaação como abordagem metodológica, o que implicou na constituição de um grupo de trabalho, formado pela pesquisadora e oito profissionais da APAE de São Paulo, para debater a prática do atendimento educacional especializado complementar para alunos com deficiência intelectual, à luz dos principais documentos que apresentam as diretrizes para esse tipo de atendimento, em âmbito nacional e local, e também a partir de contribuições teóricas que permitiram aprofundar conhecimentos sobre a mediação pedagógica para esses alunos. A construção dos referenciais gerou reflexões em duas perspectivas. A primeira diz respeito à concepção de que esse atendimento deve incidir sobre o funcionamento cognitivo, o qual se constitui como a principal barreira no processo de aprendizagem de pessoas com deficiência intelectual. E a complementaridade entre o professor especializado e o professor da classe comum exige mudanças na cultura dos profissionais de educação, pois ainda é frequente a concepção de que o professor especializado é o responsável pelos processos de ensino e de aprendizagem dos alunos com deficiência intelectual, mesmo quando eles estão inseridos na classe comum. A segunda perspectiva se relaciona às bases conceituais do atendimento, ou seja, ao aprofundamento teórico sobre a cognição e a sua indissociável relação com a afetividade e a linguagem no desenvolvimento humano. / Specialized complementary educational service for students with intellectual disabilities is one way of putting into practice their rights so as to guarantee equal opportunities in the learning process. In order to make sure that the scholar inclusion of these students brings the right to education into practice, it is necessary that the scholar experience be reconsidered from the administrative point of view, as well as the expected results, in the sphere of teaching systems, school administration and in the classroom. It is also necessary that specialized professors in the field of intellectual disability understand cognitive function to be able to make pedagogical intermediations in the most favorable conditions for learning. The present study aimed to construct references for consolidation of a specialized complementary educational service APAE in São Paulo to support the teaching systems in the scholar inclusion of students with intellectual disability. The methodological approach was action research and it implicated in formation of a working group comprising a researcher and eight APAE professionals in São Paulo to debate the practice of specialized complementary educational service for students with intellectual disability in light of the main documents that present guidelines for this type of service, in the national and local scope, and also from theoretical contributions that permit indepth knowledge on pedagogical intermediation for these students. The construction of referentials brought forth reflections in two perspectives. The first perspective is on the conception that this service would incur on cognitive function, which constitutes the main barrier in the learning process of people with intellectual disability. Complementarity between a specialized professor and a common classroom professor demands for changes in the culture of education professionals since conception that specialized professors are responsible for teaching and learning processes of students with intellectual disabilities is still frequent, even when these students are in common classrooms. The second perspective is related to the conceptual basis concerning the service, that is, indepth theoretical knowledge on cognition and its inseparable relation with affect and language in human development.

Entender como está sendo realizado o direito humano à educação para os e as imigrantes da Bolívia que vivem em São Paulo é o principal objetivo deste estudo, que se insere no ponto de encontro entre dois debates globais contemporâneos: de um lado o crescimento e a complexidade que assumiram as migrações internacionais e, de outro, as tensões relativas à universalização de direitos em sociedades desiguais e discriminatórias. Ao longo da pesquisa, analisamos a legislação nacional e internacional e percorremos a literatura contemporânea sobre migrações internacionais e sua interface com o campo dos Direitos Humanos, em especial problematizando a relação entre os direitos de todos e os direitos dos cidadãos dado que muitos que integram o grupo em questão vivem em situação irregular no Brasil, o que não lhes tira a garantia da realização de direitos fundamentais. Para uma melhor compreensão dos pormenores que caracterizam essa dinâmica, visitamos locais de convivência dos imigrantes bolivianos/as na cidade, realizamos conversas exploratórias com representantes das organizações que atuam com o tema e, finalmente, fizemos 16 entrevistas gravadas com estudantes, mães, pais, professores/as e funcionários de escolas públicas da capital. A pesquisa foi desenvolvida a partir de três eixos analíticos. O primeiro eixo tratou da relação entre acesso e permanência na escola, verificando os obstáculos existentes nesse sentido. O segundo eixo de análise diz respeito à relação entre os imigrantes bolivianos e suas famílias com a comunidade escolar local direção, professores, e outros alunos brasileiros. Há uma tensão que cerca o debate internacional contemporâneo no campo dos direitos humanos, envolvendo universalismos e particularismos, igualdade e diferença, que foi considerada ao longo do desenvolvimento deste trabalho e, em especial, ao longo deste eixo. Finalmente, o terceiro eixo foi desenhado sobre as famílias e suas expectativas em relação à escola. Buscamos observar o que a família imigrante boliviana espera da escola e o que tem a dizer sobre a instituição de ensino brasileira. Um balanço inicial dessa trajetória mostrou que, numa perspectiva de Direitos Humanos, ainda há um logo caminho a ser percorrido. A universalização do direito à educação aqui é tensionada por violações de naturezas diversas e também pelo silêncio que tangencia o próprio tema a falta de dados, de pesquisas, de visibilidade de maneira geral configuram por si só um impeditivo à realização dos direitos educativos. Para aqueles em situação irregular no país, ainda que a lei garanta esse direito, a falta de documentos ainda é um entrave tanto para entrar como para mudar ou sair da escola. A burocracia, a falta de informações e a indiferença ao fato de terem outro idioma nativo são outros muros que pareceram evidentes. Uma vez dentro da escola, o olhar sobre a aceitabilidade dessa educação trouxe elementos importantes que caracterizam um ambiente que pouco promove a aprendizagem e desafia a promoção dos direitos humanos, com relatos de preconceito, discriminação e violência. / The purpose of this study is to understand how the human right to education for immigrants from Bolivia in the city of Sao Paulo is being fulfilled. The research is situated at the crossroad between two contemporary global debates: on one hand, the growth and complexity of the international migration process, and, on the other, tensions concerning the universalization of rights in unequal and discriminatory societies. Throughout this study, we analyzed the domestic and international laws and discussed the literature on international migration and its interface with the field of Human Rights, in particular questioning the relationship between rights for citizens or rights for all - as many people from the group we focused on are living illegally in Brazil, which does not take away the guarantee of the realization of their fundamental rights. To capture the details of the relationships and characteristics around this process, we visited places where Bolivian immigrants gather in the city, we conducted exploratory conversations with representatives of civil society organizations that fight for immigrants rights, and, finally, we carried out 16 interviews with students, parents, teachers and employees of public schools in the capital. The research was developed from three analytical axes. The first deals with the relationship between access and retention in school, observing the obstacles in that direction. The second point of analysis takes into account the relationship between the Bolivian immigrants and families with the local school community especially teachers and other Brazilian students. There is a tension when it comes to contemporary international debate in the field of human rights involving universalism and particularism, equality and difference, which was considered during the development of all this study and particularly along this axis. The third and final axis draws on the families and their expectations regarding the school. What are the Bolivian immigrants\' expectations? What do mothers say about Brazilian school, what do they think about local teachers? A first assessment shows that, at least from a human rights perspective, there is still a long way to go. The universal right to education here is challenged by many kinds of violations and also by the silence that touches this issue - the lack of data, research and visibility hinder the realization of educational rights. For those who are illegally in the country, even though the law guarantees this right, the lack of documentation is still an obstacle to enter or even to leave the school. Bureaucracy, lack of information on educational rights and indifference to the fact they have other native languages are other barriers observed along this study. Once inside the school, the reports we collected showed important elements that characterize an environment that does not promote learning and challenges the promotion of human rights, with cases of prejudice, discrimination and violence.