台湾原住民文化传承中政府行为的调查分析

通过田野调查、深度访谈与文献研究,分析台湾原住民文化传承中的政府行为。既发现当地政府持续性保护与活化原住民文化,营销凝练民族文化核心价值的原生态文化,孵化原住民文化产业等成功的经验,也发现由于台湾特殊的二元社会结构、至上而下的政策推行方式、政府行为的过度化等造成的原住民的弱势感和边缘感、文化自决权被忽视、民族认同符号呈现同质化等问题。建议政府在原住民文化传承中,应尊重与保障原住民文化权利,在维护文化多样性的同时避免文化一体化,应还民俗于民间。     

THE RIGHT TO DISSENT AND ITS IMPLICATIONS FOR SCHOOLING

In this article Sarah Stitzlein highlights an educational right that has been largely unacknowledged in the past but has recently gained significance given renewed citizen participation in displays of public outcry on our streets and in our town halls. Dissent is typically conceived of as a negative right—a liberty that guarantees that the government will not interfere with one's public self‐expression. Stitzlein argues that, insofar as the legitimacy of the state depends on obtaining the consent of the governed, the state must allow the lively proliferation of dissent. Attending to this negative rights perspective, Stitzlein explores the educational implications of reframing the right to dissent as a positive right. This includes discussing the state's obligation to cultivate the skills of dissent in its young citizens and, correspondingly, student entitlement to this training. These educational implications, especially for civics education, are far more substantial than the thinner implications of the negative right to dissent.     

Developing students' critical thinking skills through visual literacy in the New Secondary School Curriculum in Hong Kong

This paper argues that the planned introduction of visual literacy into the New Secondary School Curriculum can play a crucial role in enabling students to think critically and creatively in Hong Kong's highly visual landscape. As Hong Kong's educational system remains entrenched in long-established and conventional pedagogies, the primacy given to the written word is in sharp contrast with the pragmatic roles that visual images play in students' day-to-day life. Hong Kong is well-known for its extremely high level of Internet / broadband penetration and media saturation, yet visual literacy is still in a state of infancy in Hong Kong. Therefore, from a curricular standpoint, as Hong Kong society relies to a greater degree than ever before on visual communication strategies, it is vital that visual literacy be integrated as part of the new curriculum under the current educational reforms. As contemporary Hong Kong culture becomes increasingly dependent on the visual environment, developing visual literacy to enhance students' learning can be an important step in the future towards a more successful implementation and development of the New Secondary School Curriculum.     

美国研究生权利的法理分析--基于加州大学系统的政策文本

加州大学是美国一流公立研究型大学系统,也是较早重视学生权利的美国大学。对于研究生权利的规范以条目的形式散见于总校及分校的各种相关政策文本之中。基于法理学视角,能够透过零散的政策条文,探析美国研究生权利的变迁、渊源、内涵、形式与救济等基本问题。美国研究生权利内容随着时代发展不断拓展,涵盖了研究生作为公民、学生和工作者权利等三个方面;研究生权利来源于联邦和州的法律、教育行业协会的规范和学校的传统;研究生权利的本质属性可以从利益、主张、资格、力量和自由等要素加以阐释;研究生权利可以分为积极和消极权利、原有和补救权利以及实体和程序权利等类型;研究生权利获得的重要标志是相对义务人对权利人履行了义务和权利人对自己权利的实际行使;当研究生权利受到侵害后,有关权利救济的规定能够切实保障其正当权益。     

Access to local books: the effects of Read Malawi from a children's rights perspective

Children in low‐income, postcolonial countries such as Malawi have few opportunities with quality reading materials that promote independence as readers. In this study, we argue that access to locally produced text relevant to linguistic and cultural contexts is a fundamental human right for children throughout the world. Situating this study within the intersection of research on children's rights and complementary reading materials, we analyse data from a project in Malawi. We consider the ways in which a respect for children's educational rights – specifically, their rights to access information via children's books – can help them develop their biliteracy. Additionally, we examine how the Read Malawi program contributes to Malawian children's literacy development in both national and official languages. Our findings suggest not only a humanistic need for quality complementary books, but also the empirical justification for books in the hands of children; in particular, an interconnected relationship between borrowing books from school and engagement with Read Malawi was found, especially when we explore children's English proficiency. Through Read Malawi, this study exemplifies what a quality literacy intervention can do in supporting children's Chichewa and English proficiency and improving their rights to quality education.     

论20世纪20-30年代广东妇女受教育权

受教育权是妇女获得其他政治经济社会权利的基础。20～30年代,随着广东政治的相对进步、开明和经济的相对发展,为妇女教育提供了较好的外部环境,妇女的受教育权得到了相对的发展,为女性自立创造了一定的条件。但是,需要注意的是:广东妇女教育具有很强的政治性。     

教育法视野中的未成年学生监护人

尽管未成年学生监护人是教育法律关系中的直接利益相关者与不可或缺的角色,但是教育基本法却并未给予其应有的关注与地位。未成年学生监护人的教育权具有权利与义务二重属性,在强调监护人教育权义务属性的同时不能忽视其权利属性。相对国家教育权(主要透过学校教育来实现)而言,监护人教育权无疑居于从属性地位,但不能因此而漠视监护人的教育权。近些年来,监护人教育权意识的不断提升以及某些具体“抗争”,开始让学校教育有些无所适从。教育法规应对监护人教育权与国家教育权、学校教育权的边界作进一步明晰。     

For the Love of Our Children: Hannah Arendt,the Limits of Freedom and the Role of Education in a Culture of Violence

This essay critically examines the underlying assumptions about freedom and democracy at the basis of those like the NRA who argue that the United States does not have a gun problem and that the second amendment protects citizens' rights to own any gun they wish. Inspired by Hannah Arendt's political philosophy, the author first discuss three problematic notions of freedom—free will, sovereignty and liberation—and show how they have been appropriated by the NRA and other pro-gun organizations to justify their agendas. Adopting Arendt's conception of political freedom, he then demonstrates how it is integrally related to the notions of civic responsibility and plurality. In the last part of this essay, the author introduces Arendt's understanding of educational authority, which she defined as assuming responsibility for our common world. He argues that this notion of educational authority can help us address the issue of the role that education ought to play in a culture that glorifies violence.     

Inferentialism at Work: The Significance of Social Epistemology in Theorising Education

In connecting educational theory to a neo‐pragmatist social epistemology, we set out to understand education as knowledge practices that yield ‘the cultural world again’ by retelling culture or by making explicit what is implicit in culture. Recent trends in German educational studies towards holistic understanding of education demonstrate that such a holistic, non‐representationalist framework is deliberately placed outside the traditional procedure of merely applying knowledge gained in the so‐called foundational disciplines such as philosophy, sociology or psychology to the field of education. By constructively relating Brandom's non‐representational inferentialism to a re‐reading of Mollenhauer's distinction of the presentation and representation of culture in and through education, we try to show that Brandom's philosophy can also be used to point out an inferentialism that is already at work in educational theory. Together, this strengthens a social theoretic account of education that explores how to conceptualise the role of knowledge in educational processes in terms of a holistic epistemology.     

Children’s right to religion and spirituality: legal,educational and practical perspectives1

The attempt to establish children’s rights can be called one of the major twentieth‐century projects, with the 1989 United Nations Convention on Children’s Rights as one of its most important results. Yet while the issue of spiritual development has played a clear role in the struggle for children’s rights ever since the ground‐breaking Geneva Declaration of the 1920s, the 1989 declaration does not include a clear reference to children’s right to religion or spirituality. The aim of the present article is to investigate the possibilities for establishing such a right, not only in legal terms but also on pedagogical grounds and in terms of religious education. How can children’s needs be taken seriously, for example, vis‐à‐vis death and dying? How does a children’s rights perspective affect the understanding of religious education? What could a more formally established right to religion and spirituality really mean for the child, as well as for educational institutions? The article discusses such questions in conversation with educational authors such as Janusz Korczak, the pioneer of ‘children’s right to respect’, as well as with psychological theories of individual, social and religious or spiritual development.     

Les Droits de l'Homme et l'Education

The 21st century will, we hope, be the century of education or, as Jacques Delors put it in his report for UNESCO, the century of "lifelong learning". But this hope will only be realised if education is the subject and aim of a universal right. This right is enshrined in the 1948 Universal Declaration of Human Rights, which ought to be recognised in all countries of the world as the set of principles that should guide human action. The recognition of these rights should lead to a functioning democracy within educational establishments, where the rules of life should be the same for all: pupils, teachers and administrators. It is no less essential that human rights should constitute guiding principles for educational practice. The United Nations Decade for Human Rights (1995–2004) is an outstanding opportunity for each state to establish a plan of action for a true programme of human rights education.     

The road (not) taken: Principals' perceptions of at-risk pupils' participation in collective decision-making

The United Nations Convention on the Rights of the Child anchors children's right to participate in decision-making. This right refers to decisions at the individual level as well as collective decisions taken by a group of children. Various studies have indicated that youth from disadvantaged backgrounds face high barriers to participation in collective decision-making and thus have fewer opportunities to enjoy the educational and developmental benefits of such participation. This study explored school principals' perceptions of at-risk youths' participation in collective decision-making in schools. Specifically, it analysed differences between the perceptions of principals who had established participatory frameworks and those who had not. The research design drew on interviews with 18 principals who manage high schools for at-risk youth in Israel. All interviewed principals acknowledged the potential cultural mismatch between the dominant models of pupil councils and the culture of at-risk youth. Principals who had established participatory frameworks viewed participation as a gradual process, trusting their pupils' capacity to attain higher levels of participation even if participatory activities did not come as ‘second nature’ to them. However, principals who did not institute such frameworks viewed their pupils' participation as an ‘all-or-nothing’ enterprise, inappropriate for at-risk youth. Fulfilling participation rights in schools for at-risk youth requires efforts to adapt the participatory capital to the pupils' background. The principals' perceptions of the participation process and of their pupils were intertwined with their willingness to engage in such adaptations and take the less-travelled road of participatory practices in schools for at-risk youth.     

A DEMOCRATIC FRAMEWORK FOR EDUCATIONAL RIGHTS

Educational theorists frequently invoke rights claims to express their views about educational justice and authority. But the unyielding nature of rights claims presents a significant quandary in democratic contexts, given the tension between rights claims and majoritarian democracy. Educational theorists have given limited attention to this tension, while political theorists tend to sideline education in their analyses. In this essay Anne Newman addresses this gap by advancing a democratic rationale for educational rights. Newman's purpose is to provide a framework for advancing educational rights that protects these rights from the whims of majoritarian politics. Her central argument is that the importance of educational rights warrants giving democratic bodies far less deference than they are typically accorded. Yet the assertion of a right to a quality education, Newman emphasizes, should not be viewed as an undue constraint on democratic authority but rather is consistent with and required by the values that underlie democracy.     

EDUCATION,SCHOOLING, AND CHILDREN'S RIGHTS: THE COMPLEXITY OF HOMESCHOOLING

By blurring the distinction between formal school and education writ large, homeschooling both highlights and complicates the tensions among the interests of parents, children, and the state. In this essay, Robert Kunzman argues for a modest version of children's educational rights, at least in a legal sense that the state has the duty and authority to enforce. At the same time, however, it is important to retain a principled distinction between schooling and education—not only to protect children's basic educational rights, but also to prevent the state from overreaching into the private realm of the home and family.     

论《物权法》中捕捞权之权利基础

从自然权利和基本人权的角度分析《物权法》中捕捞权,其基础核心为生存权,既合乎理性分析又为立法实践所承认。捕捞权并不是附属于行政权利的从属性权利,而是渔民本身所固有的生存权利。国家机关的管理只表明国家出于资源保护和可持续发展等宏观管理的需要,才对这种权利进行确认和保护。非有正当原因,任何部门和个人不得将其随意剥夺或在确认权利时设置障碍。     

Paying the price for being inclusive: the story of Marshlands

This article illustrates, through the story of one mainstream primary school, the tensions between the inclusion agenda and the standards agenda. The school is situated in an area of social deprivation and nearly half of the school population have been identified as having special educational needs. The story presented in this article illustrates powerfully the inherent injustice of the performative culture which pervades education and the effects of this discourse for children with special educational needs and their teachers. I argue that a policy change is needed to create a more equitable education system and that, in the absence of such a change, schools such as the one presented here will risk being categorised as failing schools. This will have disastrous consequences for the teachers' careers, children's self‐concepts and the inclusion agenda itself.     

公立高校教师法律地位的再定义：教师法修订的核心

明晰公立高校教师的法律地位，是国家教育行政部门管理监督高校教师、配置高校教师权利义务的前提和基础，也是构建我国高等教育法律体系的重要一环。当前，国家教育行政部门已经将公立中小学教师定性为“国家公职人员”，但却未明确公立高校教师的法律地位。通过考察公立高校教师法律地位的域外理论变迁及国内学说演变，发现高校教师兼具公权与私权双重性质，即一方面需要接受国家的管理，代表国家履行教育职能，另一方面还承担着学术创新的重要职能。为此，我国可借鉴美国公立高校教师的“公务雇员”属性，来定义公立高校教师法律地位，并借此对公立高校教师的权利义务、法律责任等进行重构。     

Insiders’ perspectives: a children's rights approach to involving children in advising on adult-initiated research

Consulting with children is widely recognised as an essential element in building understanding about children's lives. From a children's rights perspective, it is also a legal requirement on professionals working with children. However, translating the rhetoric into research and practice is still evolving. Previous studies report on working with children as co-researchers where children are involved in different phases of the research process in a bid to provide their unique perspectives. This small-scale study takes the view that children not only have the right to be involved in the research process but they also have the right to be informed and have their understanding developed about the issues being researched. This allows for a more apprised view which can enhance children's participation in advising on the research and interpreting data. Therefore, this small-scale study reports on working with a children's research advisory group in developing their understanding about popular culture and writing in the primary classroom before involving these children as advisors in the research process.     

加拿大政府的土著民族自治政策述评

加拿大土著民族自治的历史基础体现于1763年英国政府的王室宣言和加拿大与土著民族签订的条约。二战后土著民族自治思潮兴起,并逐步被加拿大政府接受。1982年加拿大新宪法确认了土著民族的原初权利,但并没有明确其权利的具体内容。加拿大政府现行的政策承认自治权是土著民族的基本权利,并设定了土著民族实现自治的原则和框架。但是由于没有立法对政策的支持,土著民族的自治依然面临困境。     

试新国际人权法中的儿童受教育权

受教育权是国际人权法确认的一项基本人权。受教育权既属于第二代人权,也属于第一代人权。国际人权文件中的受教育权包括四项内容:教育的目的、教育的受益权、教育的自由权及教育的平等权。国家必须尊重、保护并实现个人的受教育权,在教育的可获得性、可进入性、可接受性和可适应性四个方面履行相关义务。