A Federal Right to Education
A Federal Right to Education

Author: Kimberly Jenkins Robinson

Publisher: NYU Press

Published: 2023-06-13

Total Pages: 390

ISBN-13: 1479825891

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How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.

The Oxford Handbook of Children's Rights Law
The Oxford Handbook of Children's Rights Law

Author: Jonathan Todres

Publisher: Oxford University Press

Published: 2020-02-19

Total Pages: 797

ISBN-13: 0190097620

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Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.

The United Nations Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child

Author: Ton Liefaard

Publisher: BRILL

Published: 2016-11-01

Total Pages: 964

ISBN-13: 9004295054

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In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.

Handbook of Children's Rights
Handbook of Children's Rights

Author: Martin D. Ruck

Publisher: Taylor & Francis

Published: 2016-12-08

Total Pages: 641

ISBN-13: 1317660048

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While the notion of young people as individuals worthy or capable of having rights is of relatively recent origin, over the past several decades there has been a substantial increase in both social and political commitment to children’s rights as well as a tendency to grant young people some of the rights that were typically accorded only to adults. In addition, there has been a noticeable shift in orientation from a focus on children’s protection and provision to an emphasis on children’s participation and self-determination. With contributions from a wide range of international scholars, the Handbook of Children’s Rights brings together research, theory, and practice from diverse perspectives on children’s rights. This volume constitutes a comprehensive treatment of critical perspectives concerning children’s rights in their various forms. Its contributions address some of the major scholarly tensions and policy debates comprising the current discourse on children’s rights, including the best interests of the child, evolving capacities of the child, states’ rights versus children’s rights, rights of children versus parental or family rights, children as citizens, children’s rights versus children’s responsibilities, and balancing protection and participation. In addition to its multidisciplinary focus, the handbook includes perspectives from social science domains in which children’s rights scholarship has evolved largely independently due to distinct and seemingly competing assumptions and disciplinary approaches (e.g., childhood studies, developmental psychology, sociology of childhood, anthropology, and political science). The handbook also brings together diverse methodological approaches to the study of children’s rights, including both quantitative and qualitative perspectives, and policy analysis. This comprehensive, cosmopolitan, and timely volume serves as an important reference for both scholarly and policy-driven interest in the voices and perspectives of children and youth.

Monitoring State Compliance with the UN Convention on the Rights of the Child
Monitoring State Compliance with the UN Convention on the Rights of the Child

Author: Ziba Vaghri

Publisher: Springer Nature

Published: 2022-01-03

Total Pages: 429

ISBN-13: 3030846474

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This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

Children’s Rights, Educational Research and the UNCRC
Children’s Rights, Educational Research and the UNCRC

Author: Jenna Gillett-Swan

Publisher: Symposium Books Ltd

Published: 2016-03-01

Total Pages: 170

ISBN-13: 1873927959

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‘Children’s Rights, Educational Research, and the UNCRC’ provides international perspectives on contemporary issues pertaining to children’s rights in education. The global context, relevance and implications of children’s rights, educational research and the United Nations Convention on the Rights of the Child (UNCRC) are explored from multiple perspectives. Since the development of the UNCRC over 25 years ago, significant changes have occurred in the way that children’s rights are considered, conceptualised and enacted. Even so, there remains a continued debate surrounding the extent to which the children’s rights agenda is embraced within education, as researchers, teachers and other educational professionals continue to consider the degree to which the UNCRC informs practice. This book provides critical and focused discussion on the challenges of enacting children’s rights in educational research contexts and alerts readers to the ways in which children’s rights provide a provocation to think and practise differently. Chapter contributions from scholars in Australia, Finland, Portugal, Sweden and the United Kingdom provide diverse contexts from which subsequent educational and research practice can be derived. Each chapter problematises different aspects of children’s rights within the context of educational research with both broad and specific wide-ranging implications and provides examples of different ways that these aspects are considered in practice.

The Rebirth of Education
The Rebirth of Education

Author: Lant Pritchett

Publisher: CGD Books

Published: 2013-09-30

Total Pages: 290

ISBN-13: 1933286776

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Despite great progress around the world in getting more kids into schools, too many leave without even the most basic skills. In India’s rural Andhra Pradesh, for instance, only about one in twenty children in fifth grade can perform basic arithmetic. The problem is that schooling is not the same as learning. In The Rebirth of Education, Lant Pritchett uses two metaphors from nature to explain why. The first draws on Ori Brafman and Rod Beckstrom’s book about the difference between centralized and decentralized organizations, The Starfish and the Spider. Schools systems tend be centralized and suffer from the limitations inherent in top-down designs. The second metaphor is the concept of isomorphic mimicry. Pritchett argues that many developing countries superficially imitate systems that were successful in other nations— much as a nonpoisonous snake mimics the look of a poisonous one. Pritchett argues that the solution is to allow functional systems to evolve locally out of an environment pressured for success. Such an ecosystem needs to be open to variety and experimentation, locally operated, and flexibly financed. The only main cost is ceding control; the reward would be the rebirth of education suited for today’s world.