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Human rights in education

NERA 2011 Congress ‘Rights and Education’ Human Rights in Education: Which Rights For Whom and To What End? Marie-Bénédicte Dembour University of Sussex 10 March 2011. Human rights in education. Sounds good But what does it mean?. Some ECHR case law. The Belgian Linguistic Case

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Human rights in education

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  1. NERA 2011 Congress ‘Rights and Education’Human Rights in Education: Which Rights For Whom and To What End? Marie-Bénédicte Dembour University of Sussex 10 March 2011

  2. Human rights in education • Sounds good • But what does it mean?

  3. Some ECHR case law • The Belgian Linguistic Case • Kjeldsen and Others v. Denmark • Campbell and Cosans v UK • Maybe: Leyla Sahin v. Turkey • Maybe: DH and Others v. Czech Republic • NOT: Osman v UK • NOT: T. v. United Kingdom • NOT: Muskhadzhiyeva v Belgium

  4. Some personal experiences • Luqma from Nigeria • Statute V and ‘Sussex Six’ • Statute XXI • http://www.ipetitions.com/petition/sos21/

  5. Some personal and general questions • What to put in the curriculum? • What are human rights?

  6. NATURAL SCHOOL

  7. NATURAL SCHOOL • HR conceived as • Consist in • Are for • Embodied in law? • HR law since 1948 • Are based on • Are realizable? • Are universal? a given entitlements every single human being Yes is a progress Nature/God/Reason Yes, definitely Yes, definitely

  8. PROTEST SCHOOL

  9. Protest School • HR conceived as • Consist in • Are for • Embodied in law? • HR law since 1948 • Are based on • Are realizable? • Are universal? fought for Claims/aspirations first and foremost those who suffer beware of betrayal mirage social struggles no, perpetual struggle like suffering is

  10. DELIBERATIVE SCHOOL

  11. Deliberative School • HR conceived as • Consist in • Are for • Embodied in law? • HR law since 1948 • Are based on • Are realizable? • Are universal? agreed upon principles running the polity fairly exist only through law progress consensus through good process potentially

  12. DISCOURSE SCHOOL

  13. Discourse School • HR conceived as • Consist in • Are for • Embodied in law? • HR law since 1948 • Are based on • Are realizable? • Are universal? talked about/consumed whatever should be, but are not, for those who suffer say so, but … not progress language no, they are a failure no, that’s a pretence

  14. Alternative reading of the model • Time 1: belief in universal norms Time 2: outrage at oppression Time 3: agreement on express norms Time 4: disappointment at their limitations • These moments do not happen chronologically but ‘together’

  15. Which rights? • Take your pick

  16. For whom? Not clear!

  17. To what end? • That is the BIG question, and this is why law cannot replace politics

  18. Back to my personal experience • Luqma • ‘Sussex Six’ • http://www.ipetitions.com/petition/sos21/ ‘Academic freedom is a fundamental right, and contributes to the health of the community’

  19. And now to your understanding of human rights

  20. Thank you!

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