(2001). Religious Liberty and the Public Schools. Fastback 479. The First Amendment supports one of the boldest and most successful experiments in religious liberty in human history. The challenge for 21st Century America is to sustain this extraordinary arrangement and expand its principles more fairly and justly to each and every citizen. Public schools are the principal institution charged with enabling Americans to live with one another's deepest differences. Over the past decade, religious and education groups from across the spectrum have adopted a series of consensus guidelines on matters of religious liberty such as religious holidays, student clubs, and cooperative arrangements between religious communities and public schools. The central philosophy revolves around the "civil school," where religion is not inculcated or inhibited but treated with fairness and respect. Such schools demonstrate fairness in that the curriculum includes study about religion, where appropriate, taught neutrally and objectively and as part of a…
(1996). Minority-Language Educational Rights: The Implementation of Section 23 of the "Canadian Charter of Rights and Freedoms": Status Report. New Canadian Perspectives. The Canadian Charter of Rights and Freedoms (1982) brought to the Canadian education system the right to instruction in the minority language. However, it is the province that must establish the appropriate school structures for exercise of that right. The study reported here outlines the current situation in the Canadian provinces and territories with respect to minority-language instruction and the management of educational facilities by official-language minority groups. First, it looks at the parameters within which those rights are exercised, and examines the current situation in each province and territory (Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, British Columbia, Northwest Territories, Yukon), presenting the relevant legislative provisions. The study is intended to be a useful reference on language rights in education in Canada. Enabling statutes are also summarized in an appended list. (MSE)… [PDF]
(1972). Legal Developments in Urban Education. Education and Urban Society, 4, 2, 249-255, Feb 72. …
(1972). The Constitutional Parameters of Student Protest. Journal of Law and Education, 1, 1, 39-63, Jan 72. …
(1982). Students and Freedom of Expression. College Student Journal, v16 n4 p312-14 Win. The United States Constitution guarantees freedom of speech to all citizen students. However, this right is not absolute. There is a point at which the right to free expression must be curtailed in the interest of providing the most effective teaching and learning environment. (Author/RC)…
(1979). Evaluating School Discipline through Empirical Research. Education and Urban Society, v11 n4 p440-49 Aug. The problem of developing a widely acceptable set of standards for evaluating school discipline is examined. The issue of determining what kinds of evidence best indicate whether schools are living up to norms of basic fairness in their evaluation standards is also explored. (RLV)…
(1979). The Relationship between Student Victories in the Courts and Student Violence in the Schools. Contemporary Education, v50 n4 p226-30 Sum. The coincidence of increased student violence with increased student court victories indicates that there may be a causal relationship between the two. (LH)…
(1996). The Child's Right to a Family Environment: Why Children's Rights and Family Values Are Compatible. American Psychologist, v51 n12 p1234-38 Dec. Although the U.N. Convention on the Rights of the Child has been criticized as antifamily because of its emphasis on family function rather than form, careful reading shows that it is not only supportive of strong families but offers a creative and conceptually coherent foundation for government action to promote and protect family life. (SLD)…
(1995). Stifling Student Expression: A Lesson Taught, A Lesson Learned. Contemporary Education, v66 n2 p77-81 Win. Substantive student publications can bring the democratic process to life in high schools. The article presents examples of student censorship by high school teachers and advisors, noting that the attempt to inhibit students' written expression may short-circuit a useful learning tool that can prepare students for productive citizenship. (SM)…
(2002). Judgment Day. Phi Delta Kappan, v83 n7 p561-62 Mar. Describes Illinois case involving the expulsion of five students for a gang-related brawl at a high school football game in Decatur. Students brought suit against the school district claiming violation of their 14th Amendment right to procedural due process. Both the federal district court and court of appeals rejected the students' claim. Discusses lessons for school law. (PKP)…
(2005). Mental Health Aspects of Victims of Crime with Special Reference to Children. Journal of Indian Association for Child and Adolescent Mental Health, v1 n4 Oct. Every woman, man, youth and child has the human right to the highest attainable standard of physical and mental health, without discrimination of any kind. This is enshrined in the Indian Constitution and the Universal Declaration on Human Rights. Enjoyment of the human right to health is vital to all aspects of a person's life and well-being, and is crucial to the realization of many other fundamental human rights and freedoms. Furthermore, the social rights of victims of crime and their sensitive needs for mental health support is based on the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985 (Resolution adopted by the UN General Assembly, non-binding principles upon member nations). Remarkable developments have taken place both internationally and nationally when it comes to prioritising child rights, but the links between child abuse, child labour and the care for a child's mental health are still absent. The role of mental health of… [PDF]
(2005). Against Faith Schools: A Philosophical Argument for Children's Rights. International Journal of Children's Spirituality, v10 n2 p133-147 Aug. In spite of the fact that the Universal Declaration of Human Rights grants parents the right to an education in conformity with their own religious convictions, this paper argues that parents should have no such rights. It also tries to demonstrate that religious and cultural minorities have no rights to establish faith schools and that it is a child's right in trust, to autonomous well-being, which trumps any such claims. Faith schools, it is argued, represent a real and serious threat to children's autonomy, especially their emotional autonomy. As such, they are incompatible with the aims of education required by a liberal democracy. (Contains 16 notes.)… [Direct]
(2004). Secondary Education as a Universal Human Right. Education and the Law, v16 n1 p21-31 Mar. Despite any international declarations to the contrary, basic education comes in practice to be conveniently regarded by governments as being synonymous with the level of schooling that the State stipulates is free and compulsory. Thus the operational definition of basic education is quite variable internationally and often does not include secondary schooling. Exacerbating the situation is the fact that international human rights instruments do not mandate that education be free and compulsory until the end of secondary school. However, these instruments do stipulate that the child's right to education involves the right to develop to their \full potential\. That is unlikely to occur for most children with less than secondary school completion as a \basic education\. It is argued here then that States have an obligation under international law to ensure access to inclusive school systems that facilitate secondary school completion by extending free, compulsory education to the end… [Direct]
(2008). Higher Education Provision for Students with Disabilities in Cyprus. Higher Education: The International Journal of Higher Education and Educational Planning, v55 n1 p103-119 Jan. Internationally, the number of students with disabilities entering higher education institutions is on the rise. Research estimates that 8-10% of students attending higher education are registered with disability, with learning difficulties being the most commonly reported disability. Widening participation in higher education has been supported by legislative changes, inclusive education practices, the use of ICT and accessible facilities and programs and, ultimately, an increasing belief among students with disabilities that higher education maximizes their opportunities for employment and independent living. Within the Cypriot context, research on disability, access and provision in higher education is limited. This study was a part of a large-scale study (PERSEAS) funded by the EU. From the original sample, 15 students attending private higher education institutions in Cyprus reported disability (i.e., sensory impairment, dyslexia, physical disabilities) and were selected for… [Direct]
(2006). For Illegal College Students, an Uncertain Future. Diverse: Issues in Higher Education, v23 n6 p22-26 May. With almost two million undocumented children in school and an estimated 65,000 graduating from high school every year, higher education is becoming the new frontier in the immigration debate. In 1982, the U.S. Supreme Court ruled that the children of illegal immigrants have a right to a free K-12 education. However, the court never extended that right to higher education. What has resulted is uncertainty state by state–and often case by case–about how to respond to undocumented students. Some institutions summarily reject such students while others accept them as international students. Still other institutions play a quiet game of \don't ask, don't tell.\ Multiple immigration bills that hope to clarify the situation are currently working their way through the U.S. Congress, including the DREAM Act. With a contentious debate about immigration raging, the future of the act is uncertain. Its proponents argue that it should be considered on its own merits because it concerns fairness… [Direct]