Counter-Extremism in British Schools: Ensuring Respect for Parents’ Rights Over Their Children’s Religious Upbringing

The UK Government’s PREVENT strategy to counter radicalisation and extremism has been the subject of criticism. Concerns arise over clarity of purpose, clarity of terminology used and potential human rights impacts. Where the policy engages with schools, one human right potentially engaged is the right of parents to transfer their religious beliefs to their children. This paper looks at how PREVENT risks negatively impacting on this right. It proposes a way that this risk can be reduced by adopting a proactive approach to the Government’s security concerns which is centred on human rights education.     

受高等教育权：一种宪法平等权

如今受高等教育权属于一项基本人权已为世界上绝大多数国家的宪法及诸多有关人权的国际公约所认可并保障。受高等教育权的宪法权利属性不言而喻。我国高等教育资源的相对不足导致受高等教育权与其说是一种社会权,毋宁将其视为一项平等权。受高等教育权能否获得平等保护对于此权之实然享有至关重要。     

Educational and indigenous justice in Africa

This article examines the way in which some of the most discriminated against, disadvantaged and marginalised groups on the African continent, are re-defining education through strategies aimed at recognition of rights and social justice. It uses Fraser's analysis of social justice – distribution, recognition and participation – to examine the demands of the indigenous movement in Africa for rights to education. Over the past 10 years the concept of ‘indigenous’ has become embedded in African regional resolutions and reports while communities self-identifying as indigenous have been shaping new political and educational spaces for their participation and decision making about their development and their education. Taking the example of the East African pastoralists and the Maasai of Ngorongoro District in Tanzania, it looks at indigenous communities’ initiatives to define and achieve a qualitative education which is relevant and meaningful for their lives today. It concludes with a discussion of the potential for the indigenous movement in Africa to ‘reframe’ education for the benefit of not only indigenous communities but for all learners.     

The role of education in the treatment of offenders

This article considers an aspect of inclusive education that has received relatively limited exposure: the challenges involved in meeting the educational needs of offenders in prisons. It does this by taking the example of Serbia, where recent changes in legislation have ensured the educational rights of inmates. It then looks at possible ways in which more inclusive approaches to the education of inmates in prison might be developed in Serbia by illustrating some successful initiatives from the United States and other countries. The article points to the need for flexibility and a focus on the achievement of quality changes in behaviour, self‐image and relationships with other inmates, as well as literacy and vocational training. It goes on to argue that such innovations in prison education are a requirement to enable prisoners to be prepared for reintegration into society on their release.     

试论中国古代小学道德教育

古代小学教育在学生发展过程中有着很重要的位置,在道德教育上的一些思想和方法对学生良好道德品质的养成有十分重要的作用。古代小学道德教育主要做法有：其一,在教学目的上力图达到“知其然,知其所以然”;其二,在教学内容上,讲求广泛性、生动性和实用性;其三,在教育方法上,多就地取材,并注重学生的可接受性。     

Adult education as a human right: The Latin American context and the ecopedagogic perspective

This article presents the concept and practice of adult education as a key issue for Brazil and other Latin American countries, both for formal and non-formal education in the public and private sectors. It includes citizen education focused on democratisation of society and sustainable development. The concept is pluralist and ideological as well as technical. All along the history of contemporary education it is essential to highlight the importance of the CONFINTEA conferences for the construction of an expanded vision of this concept. Adult education is understood as a human right. The right to education does not end when a person has reached the so-called ??proper?? age; it continues to be a right for the duration of everyone??s entire life. This article explores Paulo Freire??s contribution, particularly the methodology of MOVA (Youth and Adult Literacy Movement). It also presents the ecopedagogic perspective, which was inspired by Paulo Freire??s legacy. Finally, this article stresses the need to support a long-term policy for adult education, following the recommendations of the Civil Society International Forum (FISC) and CONFINTEA VI, both held in Belém, Brazil, in 2009.     

封堵“高考移民”政策的法学思考

公民的受教育平等权是我国法律保护的公民权的重要内容。封堵“高考移民”政策侵犯了公民依法享有的受教育平等权,存在着一系列的法律问题。解决高考移民问题的关键除了要缩小不同地域教育水平的落差,还要修订和完善现行的政策法规,规范政府的行政行为,建立公民受教育权司法救济制度,以保障公民平等接受高等教育权利的实现。     

Tertiary institutions and human rights obligations

One question arising in the context of universities as corporate entities is the reason why being an ‘entity’ is important. One relevant consideration is whether it is necessary or sensible that a ‘community of scholars’ has the status of a ‘corporation of scholars’ because that ensures that the community abides by various obligations, including those based on considerations of equity and rights. This article examines universities as legal entities in light of the human rights framework, with a focus on the right to tertiary education to illustrate the more general question of rights. It does so by setting out, first, the use of legal personhood for corporations generally and universities particularly. Secondly, it notes that the modern international regime for the protection of human rights commenced with the idea that its obligations should rest on all elements of society, including corporations. Thirdly, it point out that the developed regime has a focus on the obligations of states to secure rights, including through ensuring remedies against corporate and other private actors. Finally, the main part of the article examines the substance of the right to education and suggests that its realisation is most likely if there are obligations on universities, which they can adopt themselves.     

论大学生受教育权

受教育权已成为各国宪法和法律所保障的公民基本权利之一。大学生受教育权作为我国公民的一项法律权利，在性质上具有综合性的特点，既具有与一般主体相同的宪法性权利性质，由具有作为大学生与其他主体的受教育权利不同的特点。在受教育权利的内容上既具有实体性的权利，又具有程序性的权利。     

论义务教育中的“国家最高义务原则”

受义务教育权是一项由国际人权法和各国宪法明确规定的基本权利,要保证每个适龄主体完全充分享有,国家负有绝对保障责任。在义务教育中,我们有必要确立一项原则——国家最高义务原则。本文述说了国家最高义务原则的确立原因,并对其具体涵义作了深入探讨。     

论扩大农民社会经济权利和教育权利的途径——以河北省为例

农民问题,从法学的角度看是权利问题。调查发现,农民的社会经济权利和教育权利在与城镇居民的对照中差距在扩大,并可能引发严重的法律后果。破解农民权利困境,宜依据宪法,加快制定《农民权益保护法》,立法目标应定位于调整和规范国家和农民的利益分配关系：以提高农民收入为切入点,扩大农民的财产权;增加对农业基础设施建设投入,促进农民劳动权的实现;平等落实农民的受教育权。     

高校学分制下教学管理的质量改进

学分制是学生受教育权充分发展的要求,强化了教育的服务功能和学生的主体地位。提高教学管理服务质量,维护学生权益是学分制的应然要求。从维护学生权益的视角出发,以教学管理的主要内容为视角,提出了教学管理质量改进的意义和主要措施。     

受教育权性质：国际法与中国宪法的比较研究

受教育权是公民的基本人权和基本自由，是一个国家公民的宪法权利，国家是保障公民受教育权实现的义务主体，这是国际法有关受教育权立法的基本精神。而我国现行宪法对受教育权性质的规定则持权利与义务的统一观，其表述存在着语义与逻辑上的固有缺陷，其立法精神也与国际法不符，不利于我国公民受教育权利的实现，因而有必要对我国公民受教育权的法律基础进行重新审视，以便对现行宪法和法律法规做进一步的修改，使公民的受教育权利能够得到更好的法律保障。     

Philosophy and Teacher Education in England: The Long View

Until recently teacher education in England has always contained a ‘philosophical’ element – to do with what education is for in the light of human nature. The paper traces its history since 1839, through inspirational approaches – based first on religion and later on psychology – to the critical approach of R S Peters and his colleagues in the 1960s. It then looks at the existential crisis faced by this kind of philosophy of education after changes in education policy in the 1980s; and at ways it has found of overcoming it – at the expense, however, of partially turning away from its earlier raison d’être in teacher education. The paper concludes with a discussion of what would be needed for it to resume its old role.     

‘RE teachers do get drunk you know’: becoming a religious education teacher in the twenty-first century

In terms of the attention that they have attracted from researchers, and in comparison with teachers of other subjects, religious education specialists would seem to be a neglected and marginalized group. This paper looks at some of the reasons why this might be and also describes a study that is using a life history approach to explore what it is like to be a religious education teacher at the turn of the millennium.     

The Human Right of Home Education

Abstract

Homeschooling is legal and growing in many countries but is virtually forbidden by law in Germany and a few others. The European Court of Human Rights (ECtHR) has reviewed and upheld this ban. Is home education a human right? How do these courts employ their jurisprudence of proportionality to find banning home education does not violate relevant constitutional or human rights norms? Why does Germany forbid home education? Why does the ECtHR uphold Germany’s position? What does this divergence imply about the right of home education and the jurisprudence of these courts? If the promise of human rights is individual liberty then a system that justifies or endorses state control of education for the purpose of cultural conformity can be said to be far too statist for a free and democratic society. In this article, I argue that both the German Constitutional Court (FCC) and the ECtHR have adopted an approach to education rights that is profoundly mistaken. I conclude that home education is a right of parents and children that must be protected by every state. Nations that respect and protect the right of parents and children to home educate demonstrate a commitment to respecting human rights; nations that do not, such as Germany and Sweden need to take steps to correct their failure to protect this important human right.     

Social Theory and Education Policy: the legacy of Karl Mannheim

This paper looks back at the career of the sociologist Karl Mannheim, who died 50 years ago. It considers how far Mannheim's work remains relevant and discusses what lessons it may still have to offer. Quoting Sir Fred Clarke as saying that educational theory and education policy that took no account of changes in the wider social order would be not only blind but positively harmful, the paper suggests that a similar case applies today. It therefore remains essential that Mannheim's legacy is preserved and that the sociological imagination is exercised in relation to contemporary education policy and education research. In the light of Mannheim's own shift from diagnosing the crisis to prescribing the remedies, the paper also reflects on how far it is legitimate for sociologists of education to make such a move. Finally, the paper considers how Mannheim's notion of planning for democracy might be superseded by more genuinely democratic forms of education policy‐making in the aftermath of current neo‐liberal policies of deregulation.     

论人力资本产权与人权之间的辩证关系

人力资本与其载体的不可分离，决定了人力资本及其产权有着独特的属性，也使得我们仅从经济效率的角度不一定能推出在现代社会里人力资本产权的核心权利——归属权的天然性、不可交易性和普遍性；也无法解释为什么即使我们从法律和道义上对此做出规定后，还应通过适当的制度安排来关注人力资本产权各项权能的实现过程，而这种制度安排有时有悖效率原则。     

人格权的尊重和保护不该在校园缺位--校园侵害人格权行为反思

对校园伤害事故的重视,是近年来学生和家长、教育主管部门和社会关注的焦点问题之一.然而种种关注的目光还只停留在对校园学生、教师的财产权、人身权中有形权利被损害的层面上,校园中侵害人格权行为的“人身无形损害“也叫“精神损害“却往往被忽视,所造成的“精神痛苦“、“精神创伤“、“感情创伤“已直接危及青少年学生的健康成长.校园中人格权的尊重和保护应受到高度的重视,要寻求有效的方法和畅通的途径予以救济.     

从受教育权看我国少数民族公民受教育权之实现

受教育权是公民的一项基本人权,我国宪法和法律赋予了公民受教育的权利。与传统的权利相比,公民受教育权是指公民享有的由国家保障其实现的接受教育的权利。在我国,少数民族公民受教育权有其自身的特点及其现实的意义,因而,少数民族公民受教育权实现的特殊要求是确保少数民族聚居区经济、政治和文化等社会发展的基础性前提条件。