100 and 1 Terms for Human Rights Education

 

28. Derogation

 

Through derogation, the law gives States the possibility of suspending or curtailing the practice of human rights and fundamental freedoms. This possibility was foreseen for instances of war, exceptional public danger threatening the life of a nation or a crisis threatening the independence of a nation : natural catastrophes and calamities, rebellion, coups d’état, etc.

Such derogation is, however, subject to a number of conditions. The International Covenant on Civil and Political Rights sets forth the following :
• Exceptional public danger,
• Threat to the nation’s existence,
• Derogation must be non-discriminatory,
• The State is obliged to inform other States through the United Nations Secretary General on the provisions that were derogated and the reasons thereof. It must also inform them on the end of such derogation,
• No derogation can be imposed on basic rights.

*See : Basic Rights, Civil and Political Rights, Limitations, Restrictions, United Nations Organization.

 

29. Economic, Social and Cultural Rights

 

Briefly, this set of rights can be interpreted as the obligations of States toward individuals. They consist of the prerogatives that States give to individuals so that they become the individual’s own rights. As with civil and political rights, the economic, social and cultural rights were provided for by the International Covenant on Economic, Social and Cultural Rights which was adopted by the United Nations General Assembly on 16 December 1966. They include : the right to work and to enjoy just and favorable work conditions, the right to form associations and the right to join associations of one’s own choice, the right to social security and benefits, the right to a satisfactory standard of living, the right to health, the right to education, the right to participate in cultural life, etc.

These rights are recognized on the condition that the required resources are available. Article 2 para. 1, of the Covenant states that “each State Party undertakes to act (…) to the maximum of its available resources, with a view to progressively achieving the full realization of the rights recognized in the present Covenant by all appropriate means, including in particular the adoption of legislative measures”.

*See : African Charter on Human and Peoples’ Rights, American Convention on Human Rights, Child, Civil and Political Rights, Equality, European Social Charter, Human Rights Defender, Non-discrimination, Right to Education, Universal, Universal Declaration of Human Rights.

 

30. Education Content and Objectives

 

The question of the purpose of education was addressed in the Universal Declaration of Human Rights. To this end, it dedicated Article 26 para. 2 to it as follows : “Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace”.

This definition has since been used by a number of human rights treaties, such as the International Covenant on Economic, Social and Cultural Rights (Article 13 para. 1) and the Convention on the Rights of the Child, the latter of which stipulates in Article 29 para. 1 that education should be aimed at :
• The development of the child’s personality, talents and mental and physical abilities to their fullest potential ;
• The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations ;
• The development of respect by the child for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate and for civilizations different from his or her own ;
• The preparation of the child for a responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin ;
• The development of respect for the natural environment.

This paragraph was clearly detailed by the Committee on the Rights of the Child in its General Comment n° 1, Article 29, para. 1 : The Aims of Education, dated 17 April 2001, CRC/GC/2001/1.

The content of education is also discussed in several treaties that target the elimination of all forms of discrimination. In Article 7, the International Convention on the Elimination of All Forms of Racial Discrimination requires States Parties to “undertake to adopt immediate and effective measures, particularly in the field of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination …”. In the same way, in the Convention on the Elimination of All Forms of Discrimination against Women, States Parties must take all appropriate measures for “the elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of text books and school programs and the adaptation of teaching methods” (Article 10, sub-para. c).

*See : Child, Committee on Economic, Social and Cultural Rights, Committee on the Elimination of Discrimination against Women, Committee on the Elimination of Racial Discrimination, Committee on the Rights of the Child, General Comment, Human Rights Education, Inter-American Convention on Human Rights, Interpretation, Right to Education.

 

31. Education (Primary Education)

 

States obligations are more rigid in the area of primary education than for other levels of education. By virtue of Article 14 of the International Covenant on Economic, Social and Cultural Rights, States Parties are required to adopt, within a period of two years, a plan to progressively implement free and compulsory primary education for all children. This objective must be met within a “reasonable number of years” according to the Committee on Economic, Social and Cultural Rights. In addition, according to the Committee, “… the plan must specifically set out a series of targeted implementation dates for each stage of the progressive implementation of the plan”.

*See : Child, Committee on Economic, Social and Cultural Rights, Committee on the Rights of the Child, Economic, Social and Cultural Rights, Free of Charge, Right to Education, Universal Declaration of Human Rights.

 

32. Education (Technical and Vocational)

 

This was the subject of a Convention adopted by UNESCO on 10 November 1989. By technical and vocational education, the Convention refers to : “all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life”.

Furthermore, the Convention applies to all levels of technical and vocational education, whether it is given within educational establishments or in collaboration between them and external enterprises in agricultural, industrial and/or commercial fields. Among other obligations, States undertake to create and implement policies for technical and vocational education. To follow-up on States’ undertakings, the Convention requires periodic reports be submitted to UNESCO.

*See : Child, Convention, Education Content and Objectives, Report, UNESCO Committee on Conventions and Recommendations.

 

33. Educator/Teacher

 

The International Covenant on Economic, Social and Cultural Rights quickly made reference to the educator/teacher. States commit that “... the material conditions of teaching staff shall be continuously improved” (Article 13, para. 2, subpara. e). UNESCO and ILO made an important joint recommendation regarding the status and condition of teachers, adopted on 5 October 1966. The scope of this Recommendation is quite large ; it covers “all those persons in schools who are responsible for the education of pupils”, and this applies to :
• All educational establishments : public or private
• All levels of education : kindergartens, elementary, primary, secondary and
• All domains covered by the establishment : general education, arts, technical, professional.

The only implicit exception concerns higher education, which is the subject of a special text introduced separately by UNESCO (Recommendation Concerning the Status of Higher-Education Teaching Personnel, 11 November 1997).

The Recommendation recognizes the “decisive role of higher-education teaching personnel in the advancement of education”. It enumerates a number of Conventions adopted by the ILO that are applicable to them : the Convention on Freedom of Association and Protection of the Right to Organize ; Convention on the Right to Organize and Collective Bargaining, Equal Remuneration Convention and the Convention against Discrimination in Employment and Occupation. In addition, it indicates further directives for action that should inspire States : professional training, personal development, employment and career, rights and responsibilities, treatment, social security, etc.

*See : Committee on Freedom of Association of the ILO, Education (Primary Education), Education (Technical and Vocational), Educator (Higher Education), Human Rights Defender, International Labor Organization, Recommendation, UNESCO Committee on Conventions and Recommendations.

 

34. Educator/Teacher (Higher Education)

 

The condition of higher-education teaching staff was the subject of a recommendation adopted by UNESCO on 17 November 1997. It complements the recommendation adopted on 5 October 1966, concerning the Status of Teachers at all other levels.

Higher education includes the programs of study, training and research provided by universities and other recognized educational establishments at the post secondary school level. By higher-education teaching personnel, the UNESCO Recommendation means “all those persons in institutions or programs of higher education who are engaged to teach and/or to undertake scholarship and/or to undertake research and/or to provide educational services to students or to the community at large”.

The Recommendation enumerates the principal directives, objectives and policies of higher education. It determines the rights and responsibilities of educational establishments and places a particular emphasis on their autonomy, considered as “a necessary condition” for them to be able to fulfill their obligations. It further describes the rights and freedoms of teaching personnel, with particular reference to academic freedoms :
• freedom of knowledge and discussion without fear of prescribed doctrine,
• freedom to conduct research and to disseminate information and knowledge,
• freedom of expression and opinion,
• institutional autonomy,
• freedom to participate in activities of professional organizations or representative academic organizations.

Finally, the Recommendation enumerates the obligations of teachers and their working conditions. The list of all international instruments that have a bearing on the condition of teaching staff can be found in the Appendix.

*See : Committee on Freedom of Association of the ILO, Educator/Teacher, Human Rights Defender, International Labor Organization, Recommendation, UNESCO, UNESCO Committee on Conventions and Recommendations.

 

35. Entry into Force

 

The entry into force of an agreement is the moment when it becomes legally binding. The treaty itself determines the date of entry into force. As a general rule, the date is linked to the ratification of the treaty by a specific number of States that varies according to each agreement. The agreement then becomes applicable for those States that ratified it, which are called States Parties to the treaty.

*See : Adherence, Party, Ratification, Treaty.

 

36. Equality

 

The principle of equality of all human beings is a basic principle of law. It is with this principle that the Universal Declaration of Human Rights begins : “All human beings are born free and equal in dignity and rights”. The main consequence of this principle is that, by recognizing human rights, no discrimination can be made.

*See : Non-discrimination, Universal, Universal Declaration of Human Rights.

 

37. European Commission on Human Rights

 

This body was created by the European Convention on Human Rights and was mandated to decide on the admissibility of complaints and to endeavor to find amicable solutions to them. In case no amicable solution is reached, it creates a report and issues an opinion concerning the existence of the alleged violations. This in turn allows the opening of a judicial phase before the European Court of Human Rights. Protocol n°11 to the European Convention, which entered into force on 1 November 1998, is phasing out the role of the Commission and establishes the European Court as the only competent body for dealing with complaints.

*See : Admissibility, Appeal, Council of Europe, European Convention on Human Rights, European Court of Human Rights, Submission.

 

38. European Convention on Human Rights

 

Its exact title is the Convention for the Protection of Human Rights and Fundamental Freedoms. Adopted on 4 November 1950 within the context of the Council of Europe, it has been completed by a number of protocols, some of which have been incorporated into the Convention itself as amendments. It recognizes a number of rights, essentially civil and political, for all persons under the jurisdiction of States Parties : the right to life ; prohibition of torture, slavery and forced labor ; the right to liberty and security of person ; the right to impartial judicial process ; the principle of lawful punishments ; the right to respect of privacy and family life, home and correspondence ; right to freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association ; the right to marry ; the right to effective appeal and prohibition of discrimination.

Until 1998, the European Commission on Human Rights was entrusted with the implementation of the Convention regarding the admissibility of complaints and the European Court of Human Rights was charged with the study of the substance of petitions. Protocol n°11, which entered into force on 1 November 1998, reformed the system and established that the Court is the only competent body to decide on the admissibility and substance of complaints.

*See : Civil and Political Rights, Council of Europe, European Commission on Human Rights, European Court of Human Rights, Jurisdiction, Protocol.

 

39. European Court of Human Rights

 

Council of Europe 67075 Strasbourg (France) Téléphone : (33) 3 88 41 20 18 Télécopie : (33) 3 88 41 27 30 E-mail : Webmaster@echr.coe.int Homepage : http://www.dhcour.coe.fr

 

The European Court of Human Rights is a jurisdiction created for the implementation of the European Convention on Human Rights. The Court may sit as a Committee (three judges), a Chamber (7 judges) or an Upper Chamber (17 judges). The Court is competent to receive inter-State and individual petitions. Once the Court agrees upon the admissibility of a petition, it endeavors to find a friendly solution to the conflict. Failing such a settlement, the Court issues a public ruling on the merits of the case. The Committee of Ministers of the Council of Europe is responsible to monitor the implementation of the Court rulings.

*See : Admissibility, Appeal, Civil and Political Rights, Council of Europe, European Commission on Human Rights, European Convention on Human Rights, Jurisdiction, Jurisprudence.

 

40. European Social Charter

 

The European Social Charter is a treaty adopted on 18 October 1961, within the framework of the Council of Europe. An Additional Protocol to the Charter was adopted on 5 May 1988 and another Protocol amending it was adopted on 21 October 1991. The Charter recognizes a number of economic and social rights : protection of labor and social protection for all the population. Its structure is relatively complex. States are not obliged to adhere to all the provisions of the Charter. However, they are obliged to respect those rights considered as basic rights.

Two mechanisms were created to scrutinize implementation of the European Social Charter.

The first consists of the obligation of States to submit reports to the Council of Europe concerning their implementation of the Charter. These are public reports and social partners (employers’ organizations, trade unions and non-governmental organizations) may make comments on these reports. The European Committee on Social Rights examines the reports and the comments, and then pronounces itself on the compliance of States’ legislation and practices with their obligations under the Charter. The conclusions of the Committee are sent to the Inter-governmental Committee, which selects the situations that require recommendations. These cases are to be addressed by the Committee of Ministers of the Council of Europe.

The second mechanism consists of the possibility of trade unions, employers’ organizations and certain non-governmental organizations to submit complaints to the European Committee on Social Rights. The Committee decides on the admissibility of the complaint and writes a report where it pronounces itself on the alleged violation of the Charter by the accused State. In case there is a violation, the Committee of Ministers of the Council of Europe addresses a recommendation to the concerned States.

*See : Basic Rights, Council of Europe, Economic, Social and Cultural Rights.