Ramya Subrahmanian
- Published in print:
- 2002
- Published Online:
- January 2005
- ISBN:
- 9780199256457
- eISBN:
- 9780191601989
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256454.003.0007
- Subject:
- Political Science, Democratization
This chapter examines two challenges to promoting the right of education in India: economic and education policies, and the gender perspective used to justify a focus on women’s education. The ...
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This chapter examines two challenges to promoting the right of education in India: economic and education policies, and the gender perspective used to justify a focus on women’s education. The capabilities framework is used to distinguish rights-based approaches to social development from the more conventional policy debates in the education sector. The application of the capabilities approach to arguments for the right to education is discussed.Less
This chapter examines two challenges to promoting the right of education in India: economic and education policies, and the gender perspective used to justify a focus on women’s education. The capabilities framework is used to distinguish rights-based approaches to social development from the more conventional policy debates in the education sector. The application of the capabilities approach to arguments for the right to education is discussed.
Sandra Fredman
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199272761
- eISBN:
- 9780191709814
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199272761.003.0009
- Subject:
- Law, Human Rights and Immigration
This chapter applies the approach developed in this book to familiar topics of socio-economic rights, focussing on housing, education, and welfare, and drawing on comparative experience in selected ...
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This chapter applies the approach developed in this book to familiar topics of socio-economic rights, focussing on housing, education, and welfare, and drawing on comparative experience in selected jurisdictions. In each case, it considers how the infusion of values of positive freedom, solidarity, and equality opens up the possibility of recognizing positive duties even in relation to civil and political rights. The interaction between positive and negative duties is then considered: for example, the duty not to evict unlawfully is closely related to a duty to provide housing in the context of severe housing shortages, as in South Africa or India. The chapter then examines how the content of the positive duty can be ascertained; and the role of the minimum core. The role of courts in insisting on accountability, equality of participation and enhanced deliberative democracy is then evaluated. Finally, non-judicial compliance mechanisms are considered.Less
This chapter applies the approach developed in this book to familiar topics of socio-economic rights, focussing on housing, education, and welfare, and drawing on comparative experience in selected jurisdictions. In each case, it considers how the infusion of values of positive freedom, solidarity, and equality opens up the possibility of recognizing positive duties even in relation to civil and political rights. The interaction between positive and negative duties is then considered: for example, the duty not to evict unlawfully is closely related to a duty to provide housing in the context of severe housing shortages, as in South Africa or India. The chapter then examines how the content of the positive duty can be ascertained; and the role of the minimum core. The role of courts in insisting on accountability, equality of participation and enhanced deliberative democracy is then evaluated. Finally, non-judicial compliance mechanisms are considered.
Avinash Govindjee and Elijah Adewale Taiwo
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198074151
- eISBN:
- 9780199080830
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198074151.003.0005
- Subject:
- Law, Human Rights and Immigration
This chapter highlights how the concepts of globalization and human rights intersect with the right to education with particular reference to South Africa and Nigeria. The chapter is divided into ...
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This chapter highlights how the concepts of globalization and human rights intersect with the right to education with particular reference to South Africa and Nigeria. The chapter is divided into seven parts. Following a general Introduction, it examines the brief profiles of the two countries. The third part discusses the meanings of the two dominant terms ‘education’ and ‘globalization’. The fourth part discusses the legal framework guaranteeing the right to education globally, while the fifth examines the right to education in South Africa and Nigeria. The sixth part assesses the impacts of globalization on the right to education in the two countries, while the seventh part concludes.Less
This chapter highlights how the concepts of globalization and human rights intersect with the right to education with particular reference to South Africa and Nigeria. The chapter is divided into seven parts. Following a general Introduction, it examines the brief profiles of the two countries. The third part discusses the meanings of the two dominant terms ‘education’ and ‘globalization’. The fourth part discusses the legal framework guaranteeing the right to education globally, while the fifth examines the right to education in South Africa and Nigeria. The sixth part assesses the impacts of globalization on the right to education in the two countries, while the seventh part concludes.
Jayna Kothari
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198077626
- eISBN:
- 9780199080960
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198077626.003.0011
- Subject:
- Law, Human Rights and Immigration
This chapter discusses provisions of the Indian Constitution concerning the right to free primary education and the co-relating rights to inclusive education guaranteed under Chapter V of the Persons ...
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This chapter discusses provisions of the Indian Constitution concerning the right to free primary education and the co-relating rights to inclusive education guaranteed under Chapter V of the Persons with Disabilities (PWD) Act in India and the reasonable accommodation measures necessary to make the right to education a reality for children with disabilities. It compares segregated education and inclusive education and explains the provisions of Section 39 of Chapter VI of the PWD Act which provides for reservation of seats for persons with disability in educational institutions. It also discusses the provisions of the Right of Children to Free and Compulsory Education Act 2009 (RTE) and reviews court judgments addressing reservation for persons with disabilities in higher education.Less
This chapter discusses provisions of the Indian Constitution concerning the right to free primary education and the co-relating rights to inclusive education guaranteed under Chapter V of the Persons with Disabilities (PWD) Act in India and the reasonable accommodation measures necessary to make the right to education a reality for children with disabilities. It compares segregated education and inclusive education and explains the provisions of Section 39 of Chapter VI of the PWD Act which provides for reservation of seats for persons with disability in educational institutions. It also discusses the provisions of the Right of Children to Free and Compulsory Education Act 2009 (RTE) and reviews court judgments addressing reservation for persons with disabilities in higher education.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.003.0004
- Subject:
- Education, Educational Policy and Politics
Chapter 3 addresses a likely challenge to arguments for a right to education as a matter of equal citizenship: that they are just utopian musings. In response, the chapter focuses on select moments ...
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Chapter 3 addresses a likely challenge to arguments for a right to education as a matter of equal citizenship: that they are just utopian musings. In response, the chapter focuses on select moments in American history that illustrate that arguments for a right to education have deep roots in our social and legal history. The chapter first considers education proposals from three historical periods during which foundational questions about rights, citizenship, and democratic entitlements were considered at the federal level: the Revolutionary period; Reconstruction; and the New Deal. It then focuses on the landmark Supreme Court case, San Antonio Independent School District v. Rodriguez(1973), which decided by a narrow 5-4 vote that education is not a right protected by the US Constitution. Although the efforts discussed in this chapter have not led to federal recognition of a right to education, they underscore that the idea is an enduring part of US politics that carries through to the advocacy efforts discussed in the next two chapters.Less
Chapter 3 addresses a likely challenge to arguments for a right to education as a matter of equal citizenship: that they are just utopian musings. In response, the chapter focuses on select moments in American history that illustrate that arguments for a right to education have deep roots in our social and legal history. The chapter first considers education proposals from three historical periods during which foundational questions about rights, citizenship, and democratic entitlements were considered at the federal level: the Revolutionary period; Reconstruction; and the New Deal. It then focuses on the landmark Supreme Court case, San Antonio Independent School District v. Rodriguez(1973), which decided by a narrow 5-4 vote that education is not a right protected by the US Constitution. Although the efforts discussed in this chapter have not led to federal recognition of a right to education, they underscore that the idea is an enduring part of US politics that carries through to the advocacy efforts discussed in the next two chapters.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.003.0005
- Subject:
- Education, Educational Policy and Politics
To examine the opportunities and challenges of attempting to secure educational rights through courts, Chapter 4 offers a case study of a landmark school finance lawsuit from Kentucky, Rose v. ...
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To examine the opportunities and challenges of attempting to secure educational rights through courts, Chapter 4 offers a case study of a landmark school finance lawsuit from Kentucky, Rose v. Council for Better Education.This case is often celebrated as the beginning of the “third wave” of school finance litigation, and it offers important lessons for ongoing school finance reform and for evolving conceptions of what the legal right to education entails. The chapter focuses on an under-analyzed feature of cases like Rose: how moral claims about educational entitlements can inspire citizens to mobilize and support litigation, which in turn can impact judicial outcomes and policy implementation. The chapter considers how particular educational rights claims figured into the Rosecase, and where they converged and diverged with moral claims about educational justice. This focus highlights the interplay between moral and legal conceptions of educational rights, and how the philosophical ideals advanced in the first part of the book may shape rights-based advocacy in practice.Less
To examine the opportunities and challenges of attempting to secure educational rights through courts, Chapter 4 offers a case study of a landmark school finance lawsuit from Kentucky, Rose v. Council for Better Education.This case is often celebrated as the beginning of the “third wave” of school finance litigation, and it offers important lessons for ongoing school finance reform and for evolving conceptions of what the legal right to education entails. The chapter focuses on an under-analyzed feature of cases like Rose: how moral claims about educational entitlements can inspire citizens to mobilize and support litigation, which in turn can impact judicial outcomes and policy implementation. The chapter considers how particular educational rights claims figured into the Rosecase, and where they converged and diverged with moral claims about educational justice. This focus highlights the interplay between moral and legal conceptions of educational rights, and how the philosophical ideals advanced in the first part of the book may shape rights-based advocacy in practice.
Florian Matthey-Prakash
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9780199494286
- eISBN:
- 9780199097067
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199494286.003.0003
- Subject:
- Law, Constitutional and Administrative Law
Chapter 3 offers some guidance concerning the content of Article 21A. This question is approached purely legally, not politically. Therefore, the chapter does not describe what content would be ...
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Chapter 3 offers some guidance concerning the content of Article 21A. This question is approached purely legally, not politically. Therefore, the chapter does not describe what content would be desirable. Instead, it discusses which concrete legal obligations the article might impose on the state. It also highlights that Article 21A, read with Articles 32 and 226, clearly imposes an obligation on the state to provide accessible and effective enforcement mechanisms to right-bearers. The fact that the petitioners in none of the cases concerning Article 21A decided by the Supreme Court, and in hardly any cases decided by the high courts, were aggrieved children or their parents shows that the higher judiciary is not accessible enough.Less
Chapter 3 offers some guidance concerning the content of Article 21A. This question is approached purely legally, not politically. Therefore, the chapter does not describe what content would be desirable. Instead, it discusses which concrete legal obligations the article might impose on the state. It also highlights that Article 21A, read with Articles 32 and 226, clearly imposes an obligation on the state to provide accessible and effective enforcement mechanisms to right-bearers. The fact that the petitioners in none of the cases concerning Article 21A decided by the Supreme Court, and in hardly any cases decided by the high courts, were aggrieved children or their parents shows that the higher judiciary is not accessible enough.
R.V. Vaidyanatha Ayyar
- Published in print:
- 2017
- Published Online:
- April 2018
- ISBN:
- 9780199474943
- eISBN:
- 9780199090891
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199474943.003.0016
- Subject:
- Sociology, Education
This chapter describes the extraordinary efforts made by Kapil Sibal to reform almost every aspect of education, and his refreshing courage in advocating polices shunned by the political class such ...
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This chapter describes the extraordinary efforts made by Kapil Sibal to reform almost every aspect of education, and his refreshing courage in advocating polices shunned by the political class such as promotion of private participation, and encouraging reputed foreign institutions to establish campuses in India. It describes the successes he achieved like enactment of the RTE Act, and the heroic failure to enact as many as six acts which would have totally restructured the policy and regulatory framework of higher education. By focusing on the process and politics of policymaking it brings out that the failure was mainly due to strategic and tactical mistakes, and adopting a no-holds barred adversarial approach that is eminently appropriate in a courtroom is utterly inappropriate in policymaking. All in all, Sibal’s achievements and failure offer valuable lessons for policy entrepreneurship. It also describes the failed efforts of the Health Ministry to establish the National Commission for Human Resources for Health as a super-regulator in Medical Education in place of multiple regulatory authorities like the Medical Council, Dental Council and so on.Less
This chapter describes the extraordinary efforts made by Kapil Sibal to reform almost every aspect of education, and his refreshing courage in advocating polices shunned by the political class such as promotion of private participation, and encouraging reputed foreign institutions to establish campuses in India. It describes the successes he achieved like enactment of the RTE Act, and the heroic failure to enact as many as six acts which would have totally restructured the policy and regulatory framework of higher education. By focusing on the process and politics of policymaking it brings out that the failure was mainly due to strategic and tactical mistakes, and adopting a no-holds barred adversarial approach that is eminently appropriate in a courtroom is utterly inappropriate in policymaking. All in all, Sibal’s achievements and failure offer valuable lessons for policy entrepreneurship. It also describes the failed efforts of the Health Ministry to establish the National Commission for Human Resources for Health as a super-regulator in Medical Education in place of multiple regulatory authorities like the Medical Council, Dental Council and so on.
Anita L. Allen
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780195141375
- eISBN:
- 9780199918126
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195141375.003.0008
- Subject:
- Philosophy, Feminist Philosophy, General
This chapter argues that coercive, paternalistic regulations are warranted to address indifference to privacy and data protection concerns spawned by internet and web use; but that even such laws ...
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This chapter argues that coercive, paternalistic regulations are warranted to address indifference to privacy and data protection concerns spawned by internet and web use; but that even such laws aimed at young children raise serious practical and fairness concerns, pointing to roles for non-legal normative solutions. An analysis of the Children’s Online Privacy Protection Act suggests that paternalistic legislation aimed at older teens and young adults could be justified on grounds friendly to liberal political theory. For mature adults the web is a place to work, socialize and do business. Travel arrangements and shopping for consumer goods takes place online. Many people do virtually all of their banking and bill paying online. They assume common ethics, data security, privacy policies, and laws protect their financial privacy. Internet and web users of all ages give away vast quantities of personal information to internet service providers, website operators, social networking companions and the general public. They give away some of this data intentionally. It often appears that internet/web users are indifferent to privacy. It very least, they over-rely on others’ good will, on posted privacy notices, and on unstable assumptions of trust, reciprocity and civility. Governments readily protects from inadvertent access to adult-themed spam email; and punishes data breaches, identity theft and computer hacking. There may be broader protective roles for public regulation if internet/web users continue to allow others seriously to exploit or harm them and if they make choices that threaten their future flourishing as free moral agents. Voluntary conduct online is exposing data to third-party wrongs and is eroding the public’s taste both for privacy and modest self-restraint. Public regulators could in theory enact strong laws targeting website operators and internet service providers, aimed at benefitting internet/web users. They could even make laws targeting users themselves with strong duties of self-care. It appears that only very strongly coercive measures and censorship could fully protect children and adults. Such measures would be flatly inconsistent with western liberalism. Yet some coercive regulation is possible and justifiable, even though important tasks relating to promoting privacy values are arguably best left to non-coercive schemes and non-government sectors. To address problems of lost privacy resulting from internet/web use, policymakers in EU countries have made their populations the beneficiaries of weakly coercive privacy and data-protection legislation. In the US the Children’s Online Privacy Protection Act (COPPA), a major federal statute which prohibits websites from collecting personal information from children under the age of 13. COPPA is the best example of a willingness to enact paternalistic privacy statutes. COPPA is a case study in justified and unjustified state paternalism in the face of unpopular privacy. The Harriton High School scandal, in which Lower Merion, Pennsylvania public school officials admitted remotely activating school-issued laptop webcams capable of spying on teenagers in their homes, reveals that public authorities can be dangerously reckless with the privacy of youth. Still, assessing COPPA reveals that paternalistic liberty and opportunity-promoting legislation aimed at children, teens and adults is warranted under liberalism.Less
This chapter argues that coercive, paternalistic regulations are warranted to address indifference to privacy and data protection concerns spawned by internet and web use; but that even such laws aimed at young children raise serious practical and fairness concerns, pointing to roles for non-legal normative solutions. An analysis of the Children’s Online Privacy Protection Act suggests that paternalistic legislation aimed at older teens and young adults could be justified on grounds friendly to liberal political theory. For mature adults the web is a place to work, socialize and do business. Travel arrangements and shopping for consumer goods takes place online. Many people do virtually all of their banking and bill paying online. They assume common ethics, data security, privacy policies, and laws protect their financial privacy. Internet and web users of all ages give away vast quantities of personal information to internet service providers, website operators, social networking companions and the general public. They give away some of this data intentionally. It often appears that internet/web users are indifferent to privacy. It very least, they over-rely on others’ good will, on posted privacy notices, and on unstable assumptions of trust, reciprocity and civility. Governments readily protects from inadvertent access to adult-themed spam email; and punishes data breaches, identity theft and computer hacking. There may be broader protective roles for public regulation if internet/web users continue to allow others seriously to exploit or harm them and if they make choices that threaten their future flourishing as free moral agents. Voluntary conduct online is exposing data to third-party wrongs and is eroding the public’s taste both for privacy and modest self-restraint. Public regulators could in theory enact strong laws targeting website operators and internet service providers, aimed at benefitting internet/web users. They could even make laws targeting users themselves with strong duties of self-care. It appears that only very strongly coercive measures and censorship could fully protect children and adults. Such measures would be flatly inconsistent with western liberalism. Yet some coercive regulation is possible and justifiable, even though important tasks relating to promoting privacy values are arguably best left to non-coercive schemes and non-government sectors. To address problems of lost privacy resulting from internet/web use, policymakers in EU countries have made their populations the beneficiaries of weakly coercive privacy and data-protection legislation. In the US the Children’s Online Privacy Protection Act (COPPA), a major federal statute which prohibits websites from collecting personal information from children under the age of 13. COPPA is the best example of a willingness to enact paternalistic privacy statutes. COPPA is a case study in justified and unjustified state paternalism in the face of unpopular privacy. The Harriton High School scandal, in which Lower Merion, Pennsylvania public school officials admitted remotely activating school-issued laptop webcams capable of spying on teenagers in their homes, reveals that public authorities can be dangerously reckless with the privacy of youth. Still, assessing COPPA reveals that paternalistic liberty and opportunity-promoting legislation aimed at children, teens and adults is warranted under liberalism.
Asha Bajpai
- Published in print:
- 2017
- Published Online:
- November 2017
- ISBN:
- 9780199470716
- eISBN:
- 9780199089079
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199470716.003.0004
- Subject:
- Law, Human Rights and Immigration
The phenomenon of child labour, estimates on its magnitude, available statistics, its causes and consequences, girl child labour and domestic child labour are discussed in this chapter. The link ...
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The phenomenon of child labour, estimates on its magnitude, available statistics, its causes and consequences, girl child labour and domestic child labour are discussed in this chapter. The link between out-of-school children and child labour has been established and all out-of-school children must be treated as child labourers or potential child labour. The evolution of the Policy on Child Labour in India has been traced. The legal regime and the judicial response relating to Child Labour and Bonded Child Labour are analysed. The Child Labour (Prohibition and Regulation) Amendment Act, 2016 is critically reviewed. This chapter includes a section on international legal interventions, strategies and movements on child labour and bonded children. The chapter includes non-governmental organizations, government initiatives, programmes and schemes relating to child labour and bonded labour. The chapter concludes with recommendations for law reform.Less
The phenomenon of child labour, estimates on its magnitude, available statistics, its causes and consequences, girl child labour and domestic child labour are discussed in this chapter. The link between out-of-school children and child labour has been established and all out-of-school children must be treated as child labourers or potential child labour. The evolution of the Policy on Child Labour in India has been traced. The legal regime and the judicial response relating to Child Labour and Bonded Child Labour are analysed. The Child Labour (Prohibition and Regulation) Amendment Act, 2016 is critically reviewed. This chapter includes a section on international legal interventions, strategies and movements on child labour and bonded children. The chapter includes non-governmental organizations, government initiatives, programmes and schemes relating to child labour and bonded labour. The chapter concludes with recommendations for law reform.
S.K. Das
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780198081661
- eISBN:
- 9780199082421
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198081661.001.0001
- Subject:
- Political Science, Indian Politics
During the last six years, India has given its citizens four important economic and social rights. With this, India has established one of the world’s most forward-looking structure of rights, and ...
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During the last six years, India has given its citizens four important economic and social rights. With this, India has established one of the world’s most forward-looking structure of rights, and has put economic and social rights at the core of its developmental strategies. This rights-based approach adds moral legitimacy and social justice to the objectives of development by shifting the priority to the most deprived and excluded population and especially, by addressing the multiple deprivations they suffer from. It is India’s poor who are expected to benefit the most from the fulfillment of these four rights, namely the right to information, right to guaranteed wage/employment, forest rights and right to free elementary education. The question that the book addresses is: have the poor really benefitted from these rights? The book analyses the experience with the implementation of these rights and finds that it has not really worked for the poor. The book suggests that it can be done only by bringing about a rights-based framework with proper laws, adequate resources and institutional infrastructure and by putting in place political instrumentalities to make it work for the poor. The book will be useful for scholars and students of public administration, Indian politics, political economy, developmental studies and public policy. Administrators and policy-makers, journalists and informed general readers will find it informative.Less
During the last six years, India has given its citizens four important economic and social rights. With this, India has established one of the world’s most forward-looking structure of rights, and has put economic and social rights at the core of its developmental strategies. This rights-based approach adds moral legitimacy and social justice to the objectives of development by shifting the priority to the most deprived and excluded population and especially, by addressing the multiple deprivations they suffer from. It is India’s poor who are expected to benefit the most from the fulfillment of these four rights, namely the right to information, right to guaranteed wage/employment, forest rights and right to free elementary education. The question that the book addresses is: have the poor really benefitted from these rights? The book analyses the experience with the implementation of these rights and finds that it has not really worked for the poor. The book suggests that it can be done only by bringing about a rights-based framework with proper laws, adequate resources and institutional infrastructure and by putting in place political instrumentalities to make it work for the poor. The book will be useful for scholars and students of public administration, Indian politics, political economy, developmental studies and public policy. Administrators and policy-makers, journalists and informed general readers will find it informative.
Brice Dickson
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199697458
- eISBN:
- 9780191752247
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199697458.003.0012
- Subject:
- Law, Human Rights and Immigration
This chapter evaluates the case law of the House of Lords and Supreme Court on rights guaranteed by Protocol No 1 to the European Convention—the right to property, education, and free elections. ...
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This chapter evaluates the case law of the House of Lords and Supreme Court on rights guaranteed by Protocol No 1 to the European Convention—the right to property, education, and free elections. After noting how the domestic law on property largely ignored human rights arguments prior to the commencement of the Human Rights Act, the chapter considers the key case of Pye, which involved the law on adverse possession, and the subsequent rush of cases in which Article 1 of Protocol No 1 was examined. These embraced topics such as the taxation of building societies, the obligations imposed by private law and regulatory law, and the entitlement to welfare benefits. The chapter then looks at the few cases that have dealt with the rights to education and to free elections, two areas which the European Court itself has not greatly developed to date.Less
This chapter evaluates the case law of the House of Lords and Supreme Court on rights guaranteed by Protocol No 1 to the European Convention—the right to property, education, and free elections. After noting how the domestic law on property largely ignored human rights arguments prior to the commencement of the Human Rights Act, the chapter considers the key case of Pye, which involved the law on adverse possession, and the subsequent rush of cases in which Article 1 of Protocol No 1 was examined. These embraced topics such as the taxation of building societies, the obligations imposed by private law and regulatory law, and the entitlement to welfare benefits. The chapter then looks at the few cases that have dealt with the rights to education and to free elections, two areas which the European Court itself has not greatly developed to date.
Ilias Bantekas
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9780198810445
- eISBN:
- 9780191847783
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198810445.003.0013
- Subject:
- Law, Human Rights and Immigration, Public International Law
The nexus between education and sovereign debt has not always been obvious, although it is not difficult to conceive. This is because the stakeholders involved in debt politics and economics, but ...
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The nexus between education and sovereign debt has not always been obvious, although it is not difficult to conceive. This is because the stakeholders involved in debt politics and economics, but particularly its protagonists, namely creditor states and multilateral international financial institutions (IFIs), do not view educational imperatives through a human rights or developmental lens. The chapter demonstrates the inextricable link between the right to education and development and then trace international efforts to entrench the former in developmental agendas, particularly the Millennium Development Goals (MDGs), as more recently transformed into Sustainable Development Goals (SDGs). The object of the chapter is to show that behind the pledges and rhetoric of development finance the reality is that the promotion of the right to education is not high on the agenda of industrialised nations (but equally perhaps on the agendas of least developed nations). We supply numbers-based scenaria in order to demonstrate that most instances of debt servicing, even if combined with debt relief and other forms of co-financing may ultimately fail to comply with the internationally accepted indicators of the right to education.Less
The nexus between education and sovereign debt has not always been obvious, although it is not difficult to conceive. This is because the stakeholders involved in debt politics and economics, but particularly its protagonists, namely creditor states and multilateral international financial institutions (IFIs), do not view educational imperatives through a human rights or developmental lens. The chapter demonstrates the inextricable link between the right to education and development and then trace international efforts to entrench the former in developmental agendas, particularly the Millennium Development Goals (MDGs), as more recently transformed into Sustainable Development Goals (SDGs). The object of the chapter is to show that behind the pledges and rhetoric of development finance the reality is that the promotion of the right to education is not high on the agenda of industrialised nations (but equally perhaps on the agendas of least developed nations). We supply numbers-based scenaria in order to demonstrate that most instances of debt servicing, even if combined with debt relief and other forms of co-financing may ultimately fail to comply with the internationally accepted indicators of the right to education.
R.V. Vaidyanatha Ayyar
- Published in print:
- 2017
- Published Online:
- April 2018
- ISBN:
- 9780199474943
- eISBN:
- 9780199090891
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199474943.003.0012
- Subject:
- Sociology, Education
This chapter describes the personality and politics of Murli Manohar Joshi who was the Minister of Human Resource Development (MHRD) during the NDA Government (1998–2004), first truly non-Congress ...
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This chapter describes the personality and politics of Murli Manohar Joshi who was the Minister of Human Resource Development (MHRD) during the NDA Government (1998–2004), first truly non-Congress Party Government at the Centre with an idea of India which was starkly at variance with that of Nehru. It also describes the achievements of Joshi such as enacting the Constitutional Amendment to make Right to Elementary Education as Fundamental Right, and launch of Sarva Shiksha Abhiyan (SSA) as well as the controversies which enveloped the NCERT School History textbooks, the National Curricular Framework (NCF), 2000. It briefly outlines the competing schools of pedagogy, critiques NCF, 2000, and its proposal to incorporate education about religions in school curriculum. It also describes the growth of private universities as a result of the liberalization of regulations for deemed universities as well as permissive State Laws, the issue of UGC regulations on private university, and the landmark Supreme Court judgment in Yash Pal case which spawned a powerful New UGC that was a species different from that created by the UGC Act, 1956.Less
This chapter describes the personality and politics of Murli Manohar Joshi who was the Minister of Human Resource Development (MHRD) during the NDA Government (1998–2004), first truly non-Congress Party Government at the Centre with an idea of India which was starkly at variance with that of Nehru. It also describes the achievements of Joshi such as enacting the Constitutional Amendment to make Right to Elementary Education as Fundamental Right, and launch of Sarva Shiksha Abhiyan (SSA) as well as the controversies which enveloped the NCERT School History textbooks, the National Curricular Framework (NCF), 2000. It briefly outlines the competing schools of pedagogy, critiques NCF, 2000, and its proposal to incorporate education about religions in school curriculum. It also describes the growth of private universities as a result of the liberalization of regulations for deemed universities as well as permissive State Laws, the issue of UGC regulations on private university, and the landmark Supreme Court judgment in Yash Pal case which spawned a powerful New UGC that was a species different from that created by the UGC Act, 1956.
Kathryn Schumaker
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781479875139
- eISBN:
- 9781479821365
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479875139.003.0005
- Subject:
- History, Social History
This chapter discusses the development of Fourteenth Amendment jurisprudence in the area of students’ rights during the 1960s and 1970s. It focuses in particular on the courts’ interpretation of ...
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This chapter discusses the development of Fourteenth Amendment jurisprudence in the area of students’ rights during the 1960s and 1970s. It focuses in particular on the courts’ interpretation of equal protection in regard to school desegregation, bilingual education, and students with disabilities. The chapter argues that, during the 1970s, the Supreme Court dramatically narrowed its interpretation of equal protection, and in doing so, it limited the ability of advocates for students of color to pursue racial discrimination cases in court. The chapter discusses how advocates for non-English-speaking students and students with disabilities sought to use the Fourteenth Amendment to make claims on behalf of these children, who were sometimes excluded from schools entirely. This chapter also examines the San Antonio v. Rodriguez case, in which the Supreme Court rejected the claim that the Constitution protects a right to education.Less
This chapter discusses the development of Fourteenth Amendment jurisprudence in the area of students’ rights during the 1960s and 1970s. It focuses in particular on the courts’ interpretation of equal protection in regard to school desegregation, bilingual education, and students with disabilities. The chapter argues that, during the 1970s, the Supreme Court dramatically narrowed its interpretation of equal protection, and in doing so, it limited the ability of advocates for students of color to pursue racial discrimination cases in court. The chapter discusses how advocates for non-English-speaking students and students with disabilities sought to use the Fourteenth Amendment to make claims on behalf of these children, who were sometimes excluded from schools entirely. This chapter also examines the San Antonio v. Rodriguez case, in which the Supreme Court rejected the claim that the Constitution protects a right to education.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.003.0002
- Subject:
- Education, Educational Policy and Politics
This chapter begins to advance the book’s main argument: that we should regard the education that prepares individuals for equal citizenship as a fundamental right that is shielded from majoritarian ...
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This chapter begins to advance the book’s main argument: that we should regard the education that prepares individuals for equal citizenship as a fundamental right that is shielded from majoritarian politics far more than existing practices permit, and far more than most theory recognizes is necessary. Concern for this right is motivated by the worry that leading accounts of democracy often fail to protect the interests of marginalized students. In this and subsequent chapters, arguments about a right to education are located in a deliberative democracy. As education scholars and reformers increasingly look to deliberative ideals to improve the education policy process, it is especially important to consider how well this approach to policy-making serves less advantaged students. The chapter first calls attention to the opportunities and challenges that deliberative theory presents for advancing just education policies. It next shows how leading conceptions of deliberation fail to ensure that all students receive a high quality education due to the wide discretion they give democratic bodies to determine public provisions for education. Finally, it discusses the unique relationship between educational opportunity and political equality, which underscores the need for a right to education that is set above democratic decision-making.Less
This chapter begins to advance the book’s main argument: that we should regard the education that prepares individuals for equal citizenship as a fundamental right that is shielded from majoritarian politics far more than existing practices permit, and far more than most theory recognizes is necessary. Concern for this right is motivated by the worry that leading accounts of democracy often fail to protect the interests of marginalized students. In this and subsequent chapters, arguments about a right to education are located in a deliberative democracy. As education scholars and reformers increasingly look to deliberative ideals to improve the education policy process, it is especially important to consider how well this approach to policy-making serves less advantaged students. The chapter first calls attention to the opportunities and challenges that deliberative theory presents for advancing just education policies. It next shows how leading conceptions of deliberation fail to ensure that all students receive a high quality education due to the wide discretion they give democratic bodies to determine public provisions for education. Finally, it discusses the unique relationship between educational opportunity and political equality, which underscores the need for a right to education that is set above democratic decision-making.
Gurchathen S. Sanghera
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780199466801
- eISBN:
- 9780199087099
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199466801.003.0006
- Subject:
- Political Science, Indian Politics
This chapter focuses on three Delhi-based NGOs committed to children’s rights and the elimination of child labour. Along with discussing the human rights culture in India, it also outlines the ...
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This chapter focuses on three Delhi-based NGOs committed to children’s rights and the elimination of child labour. Along with discussing the human rights culture in India, it also outlines the different strategies and perspectives on child labour adopted by these NGOs. These NGOs use children’s rights as part of ‘a struggle on two fronts’. On one hand, they are using children’s rights as a ‘tool’ to unmask and expoze how the discourse of children’s rights has been used in the child labour debate by Northern interests at the international level to sustain and justify relations and structures of power that lead to the exploitation of children. On the other hand, they are using children’s rights, particularly the right to education, to bring about social change within India by challenging caste, class, gender and religious relations, and structures of power.Less
This chapter focuses on three Delhi-based NGOs committed to children’s rights and the elimination of child labour. Along with discussing the human rights culture in India, it also outlines the different strategies and perspectives on child labour adopted by these NGOs. These NGOs use children’s rights as part of ‘a struggle on two fronts’. On one hand, they are using children’s rights as a ‘tool’ to unmask and expoze how the discourse of children’s rights has been used in the child labour debate by Northern interests at the international level to sustain and justify relations and structures of power that lead to the exploitation of children. On the other hand, they are using children’s rights, particularly the right to education, to bring about social change within India by challenging caste, class, gender and religious relations, and structures of power.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.001.0001
- Subject:
- Education, Educational Policy and Politics
In this book, Anne Newman addresses urgent moral and policy questions about educational justice in a democratic society. She focuses on two questions that arise at the intersection of political ...
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In this book, Anne Newman addresses urgent moral and policy questions about educational justice in a democratic society. She focuses on two questions that arise at the intersection of political theory, educational policy, and the law. The first is a theoretical question: What is the place of a right to education in a deliberative democracy? She argues for this right as a matter of equal citizenship, and emphasizes that it must be shielded from the sway of majoritarian policy-making far more carefully than policy-makers and theorists recognize. She then turns to a related practical question: How can this right be realized in the US?She offers two case studies of leading types of rights-based democratic activism: school finance litigation at the state level, and the mobilization of citizens through community-based organizations. She compares the role of rights claims on these different paths to reform, and also considers how democratic ideals may need to be revised in light of the obstacles that reformers face in their advocacy for educational rights. By bringing together philosophical analysis and policy-minded case studies, this book advances understanding of the relationships among moral and legal rights, education reform, and democratic politics.Less
In this book, Anne Newman addresses urgent moral and policy questions about educational justice in a democratic society. She focuses on two questions that arise at the intersection of political theory, educational policy, and the law. The first is a theoretical question: What is the place of a right to education in a deliberative democracy? She argues for this right as a matter of equal citizenship, and emphasizes that it must be shielded from the sway of majoritarian policy-making far more carefully than policy-makers and theorists recognize. She then turns to a related practical question: How can this right be realized in the US?She offers two case studies of leading types of rights-based democratic activism: school finance litigation at the state level, and the mobilization of citizens through community-based organizations. She compares the role of rights claims on these different paths to reform, and also considers how democratic ideals may need to be revised in light of the obstacles that reformers face in their advocacy for educational rights. By bringing together philosophical analysis and policy-minded case studies, this book advances understanding of the relationships among moral and legal rights, education reform, and democratic politics.
Jayna Kothari
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198077626
- eISBN:
- 9780199080960
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198077626.001.0001
- Subject:
- Law, Human Rights and Immigration
This volume critically reviews the Persons with Disabilities (PWD) Act of 1995 in India. It addresses the core themes of the statute, which revolve around equality and non-discrimination. It argues ...
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This volume critically reviews the Persons with Disabilities (PWD) Act of 1995 in India. It addresses the core themes of the statute, which revolve around equality and non-discrimination. It argues that due to the lack of clarity of the Act, civil society groups, judges, and even lawyers often find it difficult to interpret its provisions. It highlights possible amendments to the PWD in order to bring it compliance with the United Nations Convention on the Rights of Persons with Disabilities (CPRD) and discusses the potential role of the private sector in providing social security to the disabled. Some of the key issues covered by this volume include public employment for persons with disability, right to education, and right to access.Less
This volume critically reviews the Persons with Disabilities (PWD) Act of 1995 in India. It addresses the core themes of the statute, which revolve around equality and non-discrimination. It argues that due to the lack of clarity of the Act, civil society groups, judges, and even lawyers often find it difficult to interpret its provisions. It highlights possible amendments to the PWD in order to bring it compliance with the United Nations Convention on the Rights of Persons with Disabilities (CPRD) and discusses the potential role of the private sector in providing social security to the disabled. Some of the key issues covered by this volume include public employment for persons with disability, right to education, and right to access.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.003.0001
- Subject:
- Education, Educational Policy and Politics
The introduction provides an overview of the book’s argument for a right to education and how that right can be realized through democratic activism. The introduction first notes how rights discourse ...
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The introduction provides an overview of the book’s argument for a right to education and how that right can be realized through democratic activism. The introduction first notes how rights discourse is increasingly used in education reform today despite challenges it faces. Two challenges are highlighted: from a practical perspective, educational rights have an uncertain place in the US legal system; and from a theoretical perspective, rights claims are in tension with the principle of majority rule. The introduction then explains the two questions the book addresses: What is the place of a right to education in a participatory democracy? And how can this right be realized? The rationale for using deliberative democracy as a framework for analysis is explained, and a brief overview of the chapters is offered. The introduction highlights the reciprocal relationship between the book’s theoretical arguments and case studies; the case studies of democratic activism showcase theory in action to some degree, but they also determine the practical value of theoretical arguments about educational justice. The analysis therefore considers how activism may bring democratic theory to fruition, and how theory may need to be revised given constraints advocates face as they press for education rights.Less
The introduction provides an overview of the book’s argument for a right to education and how that right can be realized through democratic activism. The introduction first notes how rights discourse is increasingly used in education reform today despite challenges it faces. Two challenges are highlighted: from a practical perspective, educational rights have an uncertain place in the US legal system; and from a theoretical perspective, rights claims are in tension with the principle of majority rule. The introduction then explains the two questions the book addresses: What is the place of a right to education in a participatory democracy? And how can this right be realized? The rationale for using deliberative democracy as a framework for analysis is explained, and a brief overview of the chapters is offered. The introduction highlights the reciprocal relationship between the book’s theoretical arguments and case studies; the case studies of democratic activism showcase theory in action to some degree, but they also determine the practical value of theoretical arguments about educational justice. The analysis therefore considers how activism may bring democratic theory to fruition, and how theory may need to be revised given constraints advocates face as they press for education rights.
