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1.
This article aims to shed light on the impact of the United Nations Convention on the Rights of the Child (CRC) on education policy in Europe. The findings are based on a documentary analysis of the published reports of the Committee on the Rights of the Child (the Committee) on the implementation of the education rights in the CRC in every EU state. This included: a review of the state of children's rights to education in Europe as perceived by the Committee; a summary of the Committee's key recommendations for governments; and an assessment of whether the CRC can be considered to have influenced domestic education law and policies. The findings suggest that the CRC is having an impact on domestic education policy and that the child rights framework could be harnessed further by those seeking to influence government. The article concludes by reflecting on the factors which affect the processes of translating the CRC into policy and practice and explores the role that educationalists, both academic and practitioners, might play in its implementation.  相似文献   

2.
UK law on education and sex discrimination does not protect the right of girls to equality in education. The European Convention on Human Rights and the Treaty of Rome offer better protection. The Convention provides for the right to education and the right of parents to have their philosophical convictions considered in the education of their child. The European Court of Human Rights’ interpretation of these rights is relevant to those seeking a remedy for sexism in education. The Treaty of Rome has stronger and faster enforcement procedures than the Convention but it makes little provision for education except in vocational training and recognition of qualifications. The form and structure of the EEC legal system nevertheless make it hospitable to a reforming education policy. Educationists need to make sure that the focus on education within the EEC extends beyond vocational training, that the context of the discussion and the definition of education are similar to those of the European Convention and the European Court of Human Rights.  相似文献   

3.
The UN Committee on the Rights of the Child established CRC General Comment 13 (April 2011) to address today's unabating high rates of violence against children globally despite CRC advances. GC13 provides clear interpretations and stronger detail to supplement the legal language of CRC Article 19, intended to establish protection of children from all forms of violence. Through GC13, the Committee seeks to strengthen policy and practice implementation for all children, including every nation's most vulnerable, by clearly establishing measurable indicators: structure, process and outcomes to children-through improved technical information, expertise and assistance. Based on knowledge and experience gained over the 22 years since the CRC was adopted, GC13 advances best practice approaches and technical resources for States Parties and professionals on preventing violence against children, and on strengthening protection programs, systems, services, research, monitoring, evaluation and reporting. This article addresses child rights and protection issues which have been raised during this period, as well as during the consultation and resulting dialogues, such as the rights of children in early/forced marriage, and the role of the State Party as responsible caregiver when parents or families are not capable of providing protection.  相似文献   

4.
ObjectiveTo present the need and plan for development of a General Comment for the UN Convention on the Rights of the Child Article 19 which has the potential to transform and advance child protection through the infusion of a child rights approach.MethodsThe Committee on the Rights of the Child (Committee) authorized ISPCAN and IICRD to draft a General Comment for CRC Article 19 (GC19) and to introduce implementation supports. An international working group (GC19WG), Expert Advisory Panel (EAP), and GC19 Focal Group of Committee members (GC19 CRC FG) have been organized to help guide and carry out the program of development. Analyses of relevant histories and knowledge, including effective and promising child protection strategies, are being applied to guide formulation of the GC and high priority implementation components. Consultations on the draft and supportive products will be conducted in cooperation with UNICEF, WHO, the NGO Group for the CRC, and other NGOs.Advice is to be solicited from interested parties and organizations in person and through distance communication throughout the world.ResultsIn addition to the GC19, numerous implementation supports will be planned and some will be produced and piloted during the program of development. Under consideration are an implementation guide and resources; commentary; accountability models, indicators, measures and evaluation systems; a clearing house and resource website; a child-appropriate version of GC19; and education/training curricula and programs.Practice implicationsGC19 has the potential to transform child protection by fostering a paradigm shift in its conceptualization, theory, research, and practice. Article 19 encourages an interpretation and application beyond narrow child protection conceptualizations and practices which have been found seriously inadequate. The General Comment can advance effective prevention of maltreatment and protection of personal security by promoting the child's rights, well-being, health, and development in all aspects of child protection. GC19 will provide support to the Committee on the Rights of the Child in its monitoring and guiding functions, and to States Parties, professionals, and civil society agents concerned with the protection and well-being of children.  相似文献   

5.
‘Securing the rights articulated in the Convention is an effective approach to improving the quality of early experiences.’ 1 1 Early Childhood Rights Indicators, A guide for Monitoring the Convention on the Rights of the Child, http://earlylearning.ubc.ca/media/uploads/documents/internationalresearchbriefjan2012.pdf , p2
This article analyses early childhood education and care and child rights in early childhood and their relationship in the European Union. Both are primarily national competencies. The EU has limited access and tools to influence policies and practices, while there are many ways in which indirect interventions are not only possible, but greatly used, often in areas that do not seem to be closely related to the issues discussed here. Yet there is a strong desire and interest of the different EU institutions to encourage and support Member States to implement both ECEC targets and child rights. In this article, we show that, while ECEC has become an essential part of different policies at EU level, there have been efforts to implement and mainstream child rights, with special attention paid to specific dimensions in relation to early childhood policies and practices, but a child rights based approach is missing.  相似文献   

6.
Conclusions The key to the development of any nation is through the educating of its people. No civilized, humane or progressive society can ignore that right to schooling and education of its citizens, particularly its children. Therefore, to implement the right of the child to a development-oriented education is a fundamental condition for improving the child's quality of life, including spiritual and moral dimensions, and his/her ability to function fully as a constructive member of society. The child needs supportive conditions, not only to survive, but also to develop into a responsible human adult. Education must make the present and future well-being of the young generation as its ultimate goal, of which one of the most important conditions is to ensure the full realization of its rights as stipulated by the Convention on the Rights of the Child, for education in the broadest sense continues beyond school and throughout life in a myriad of social contexts. Original language: English Sandra Prunella Mason (Barbados) Chairperson, United Nations Committee on the Rights of the Child. She received her legal education at Sir Hugh Wooding Law School. First a private practice lawyer, she became a judge in 1978 and from then until 1992 was in charge of Barbados' Juvenile and Family Courts. She was Barbados' Ambassador to Venezuela, Chile, Colombia and Brazil from 1993 to 1994. She was appointed Chief Magistrate of Barbados in 1995 and Registrar of the Barbados Supreme Court in 1997. She has been a member of the UN Committee on the Rights of the Child from its inception in 1991, its Vice Chairperson 1993–95 and Chairperson since 1997.  相似文献   

7.
世界《儿童权利宣言》颁布至今已经整整50年了。我国作为世界《儿童权利公约》的缔约国，迄今为止在儿童权利的法律保护领域已取得了重大的成果与进展。本文既对中华人民共和国成立以后，在立法领域就儿童教育权的保障问题通过历史回顾、现状分析及未来展望等几个方面进行深入的剖析，并就存在的问题提出若干建议与对策。  相似文献   

8.
This article provides a children's rights critique of the concept of ‘pupil voice’. The analysis is founded on Article 12 of the United Nations Convention on the Rights of the Child, which gives children the right to have their views given due weight in all matters affecting them. Drawing on research conducted on behalf of the Northern Ireland Commissioner for Children and Young People, the article assesses some of the barriers to the meaningful and effective implementation of the right within education. It is argued that the phrases which are commonly used as abbreviations for Article 12, such as ‘pupil voice’, have the potential to diminish its impact as they provide an imperfect summary of the full extent of the obligation. The article proposes a new model, which has four key elements, for conceptualising Article 12— Voice, Audience and Influence.  相似文献   

9.
This article examines the ways in which the European Convention on Human Rights and its case‐law could be used to combat sexist education in State or private schools as well as the development of concepts of philosophical convictions, the duty of the State and the rights of children. Children could use the Convention if their parents imposed a limited education on them, and better opportunities were offered through the State. The provisions under the European Community, though more limited, apply to vocational education and training and access to it. Such access has implications for secondary schooling. European Community law on equality for women could be especially valuable. The difficulties of using English law are reviewed and aspects of English and European procedural law noted. I conclude with suggestions for a feminist strategy to improve girls’ education and that of other disadvantaged groups who could use similar arguments.  相似文献   

10.
On 20 November 1989, the General Assembly of the United Nations adopted the Convention on the Rights of the Child (CRC). It entered into force on 2 September 1990 and has by now been ratified by 193 States, making the most universally ratified human rights treaty. This overview will present and discuss the impact of this treaty both at the international and the national level, an overview which necessarily has to be limited to some of the developments as a result of the implementation of the CRC.The first part of this paper will be devoted to the impact the CRC had and still has on the setting and development of the international agenda for the promotion and protection of the rights and welfare of children. Special attention will given to developments, achievements, and remaining challenges at the international level with regard to protection of children in armed conflict; prevention and the protection of children from sexual exploitation; and from all forms of violence. This will include some information on the impact of these international developments and actions at the national level, for example, in the area of legislation.The second part will focus on the impact at the national level. Given the wide scope of the CRC this part will be limited to some of the General Measures of Implementation (law reform, national programmes, and independent monitoring) and the General Principles (non-discrimination, best interest, right to be heard) of the CRC. This will be based on reports of States on the implementation of the CRC submitted to the CRC Committee and the Concluding Observations of this Committee and on a number of studies. The conclusion will provide remarks on poverty as one of the major remaining challenges for the implementation of children's rights.  相似文献   

11.
Religious education (RE) in Norwegian public schools has attracted much attention as a result of criticism from the UN’s Human Rights Committee in 2004 and the European Court of Human Rights (ECHR) in 2007. Due to the statement from the UN and the conviction in the ECHR, revisions have been made in the Education Act and the curriculum for RE. However, the core curriculum for primary and secondary schools and adult education introduced in 1993 has not been revised. The scope of the article is to analyse the core curriculum and show how this document constructs Christianity as culture and national heritage, leaving other religions as something ‘other’ in Norwegian society. The main argument is thus that the core curriculum provides a qualitative bias towards Christianity in the Norwegian educational system in general, and especially in RE.  相似文献   

12.
The universal right to education has been enshrined in a range of international rights instruments. Yet despite the considerable secondary literature on the subject, there has been little discussion of the notion of education underpinning the right. This article presents a theoretical exploration of the question, leading to a normative reassessment. The article first assesses the expression of the right in the Universal Declaration of Human Rights, identifying limitations in its focus on primary schooling. Other candidates for a basis for the right – namely learning outcomes and engagement in educational processes – are then assessed, and the latter is found to provide the most coherent foundation. Nevertheless, the positional benefits of formal schooling cannot be ignored. Consequently, a two‐pronged expression of the right is proposed, involving access both to meaningful learning and to institutions that confer positional advantage.  相似文献   

13.
ABSTRACT

The Salamanca Statement and Framework for Action on Special Needs Education proposed a policy shift from special education to inclusive education models that require schools to serve all children. However, alongside this shift was a recognition that sign language access for deaf learners is essential for meeting the right to education and that this access cannot always be provided in mainstream settings. The Statement was written during an apex in bilingual education for deaf students in certain countries, and the World Federation of the Deaf (WFD), joined by Swedish and Danish government and deaf advocacy organisation delegates, successfully lobbied for inclusion of Section 21. This section makes three claims regarding the importance of policy-level recognition of differences among learners, the right of deaf learners to education in a national sign language, and the suggested greater suitability of deaf schools or congregated programmes for many deaf learners. The Salamanca Statement, like Article 24 of the Convention on the Rights of Persons with Disabilities (CRPD) and related General Comments, makes universalising claims within a rights-based framework; however, the competing claims of deaf advocacy organisations have posed a challenge and corrective to such statements since deaf learners are often excluded in inclusive classrooms.  相似文献   

14.
从大众高等教育到普及高等教育   总被引：33，自引：0，他引：33  
新信息技术的发展要求对普及高等教育的本质进行反思 ,并对其所需条件的认识进行更新 ,这涉及到高等教育制度结构和对待高等教育态度的深刻变革。精英形式的高等教育需进行重新定位。本文在比较的背景下主要分析了美国及欧洲社会的高等教育在走向普及形式的过程中面临危机的原因 ,认为美国特有的结构特征和文化特征赋予了其独特优势。而技术发展的不确定性及各国经济、社会结构的差异性决定了通过新技术扩大入学机会将采取不断实验的方式进行  相似文献   

15.
《儿童权利公约》将儿童权利保护置于首要地位,为儿童权利的保护提供了普遍的法律标准,我国积极实施公约,使我国儿童的发展权得到了较好的保障：儿童受教育权得到很好保障、儿童文化产品和文化活动日益丰富、儿童使用网络更便利获取信息机会增多、儿童参与权保障不断改善。但我国儿童发展权保障还存在不足,我们要进一步提高保障儿童发展权的意识、完善相关法制和政策,强化儿童权利保护的管理体制和规划,完成余下的＂普九＂任务,加强素质教育,提高儿童教育质量,采取切实措施促进儿童参与权的实现。  相似文献   

16.
ABSTRACT

The United States Senate's unwillingness to ratify the Convention on the Rights of the Child (CRC) notwithstanding, the Individuals with Disabilities Education Act (IDEA) contains significant safeguards protecting the rights of students with disabilities, acknowledging their participation rights in decisions about their futures. In the first of just two examples, as students ‘age out’ of special education, they participate in developing individualised transition plans guiding their movements to post-school activities. Second, the IDEA transfers parental access rights to students, granting them sole control over their educational records on turning 18 unless they are adjudicated incompetent under state law.

Against this background, this paper opens by considering the U.S. Senate's reluctance to ratify the CRC. The paper next reviews the history of rights in the U.S. before examining how the IDEA affords students with disabilities considerable opportunities to participate in planning their futures both through transition planning and taking control over their educational records. The article ends by reflecting on how the IDEA comports with the CRC in protecting the rights of students with disabilities to self-determination.  相似文献   

17.
In April 2011, the Committee on the Rights of the Child issued the General Comment No. 13 on the right of the child to freedom from all forms of violence. Its Article 19 declares that "protective measures should, as appropriate, include effective procedures for the establishment of social programs to provide necessary support for the child and for those who have the care of the child." One available social program that focuses on providing support for parents, caregivers and children is the International Child Development Program (ICDP), which is presented in this article. The ICDP is designed to influence and improve the quality of contact and relation between the caregivers, usually parents, and children, through the practical application of the eight themes or guidelines for positive interaction. The Convention on the Rights of the Child is a value-based legal document ratified by most countries in the world. This is a significant achievement and it gives a new basis and legitimization for a more humane treatment of children all over the world. Nevertheless, it is important to understand that there is a big gap between a legal document describing ideal conditions for children at a macro-governmental level and its implementation at the microlevel of families and communities. The ICDP is another expression of the same humanitarian spirit as it is encoded in the convention of children' rights. ICDP can be put in practice in any community to create positive conditions for the fulfillment of fundamental children's rights: the right to be protected from violence and to receive the loving care and guidance from the immediate environment which is required to ensure healthy human development. Introducing children's rights is likely to have a major impact on families (and all levels of authorities) if efforts are also made to activate awareness and deeper bonding to children as persons. Without a deep activation of a more humanized and caring relationship to children, provided by social programs such as ICDP, the advocacy for children's rights may become an empty shell without its basis in human realities.  相似文献   

18.
《欧洲教育》2013,45(1):69-71
By judgment delivered at Strasbourg on February 25, 1982, in the case of Campbell and Cosans, the European Court of Human Rights held, by six votes to one, that Mrs. Campell and Mrs. Cosans had been victims of a violation of the second sentence of Article 2 of Protocol No. 11 to the European Convention of Human Rights on account of the existence of corporal punishment as a disciplinary measure in the schools attended by their children. The Court also held, by the same majority, that the suspension of Mrs. Cosans' son from school following his refusal to accept such punishment amounted to a denial of his right to education, contrary to the first sentence of the said Article 2.  相似文献   

19.
在多元文化教育改革和民权运动中,少数民族对教育平等权利的要求及其民族文化意识的觉醒,推动了美国双语教育的发展.在双语教育制度建立、执行、废止的过程中,政治博弈对其发生着深刻的影响.美国双语教育的失败,体现了政治诉求与教育发展规律之间的矛盾.本文考察美国双语教育发展的历史及现状,分析双语教育政策从制定到实施过程中出现的特点.  相似文献   

20.
ABSTRACT

When the Salamanca Statement called upon States to recognise the ‘necessity and urgency’ of providing students with a disability access to the regular education system (UNESCO 1994, viii), both Australia and the United States of America had existing legislative and policy documents articulating the rights of students with a disability to access regular education. Since that time both countries have clarified and amended their respective laws and policies, and signed the Convention on the Rights of Persons with Disabilities (UN 2006) which urges States to reallocate resourcing to inclusive education, and to reduce segregation. In this article, I examine the policy reforms in each country and analyse aggregated and disaggregated student placement data within each context to consider the impact of these reforms for different groups of students. Results show that the different reform journeys in each context produced different outcomes for students in each country, with segregation increasing in Australia and decreasing in the USA. The results also suggest that the impact of these policies has not been proportionate across categories as students on the Autism Spectrum are more likely to experience educational segregation or exclusion in both countries.  相似文献   

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