21. The right to education and human rights education

This chapter discusses the right to education and human rights education in international human rights law. It covers access to education, the nature of education, academic freedom, the United Nations Special Rapporteur on the right to education, achieving universal education on human rights, teaching non-discrimination, and the United Nations Decades of Human Rights Education. Education is identified as a key to unlocking development opportunities, breaking the cycle of poverty, and promoting empowerment and equality. For human rights education, obviously it is difficult for rights holders to claim their rights if they do not know what they are. Ensuring human rights education empowers rights holders and, indeed, can build capacity of duty bearers.

The current study analyses the behaviours of US state actors in engaging in international human social rights practices. In particular, through citation count analysis, we examine the citation patterns of US federal and state courts in utilising international human rights instruments, such as international human social rights treaties, in facilitating human rights-based education rights. The empirical findings indicate that US federal and state courts are not engaging the global judicial human rights networks in promoting human rights-based education rights as a type of universal human social right. Theoretical and empirical implications are presented in the concluding section.

This chapter discusses the right to education and human rights education in international human rights law. It covers access to education; the nature of education; academic freedom; the United Nations’ special rapporteur on the right to education; achieving universal education on human rights; teaching non-discrimination; and the United Nations Decade of Human Rights Education.

The right to education is recognised in international human rights law, underpinned by guidance for human rights education to assure the goals of the UN Charter. While this vision for human rights education has been around since the 1948 Universal Declaration of Human Rights, recent developments at UN level have galvanised interdisciplinary scholarship, drawing pedagogical frameworks from education studies, sociology, development studies, psychology, and philosophy into the teaching of international human rights law generally situated within law schools in higher education. Yet scholarship on the pedagogy of human rights education is in its infancy. Recent trends point to the transformative potential of utilising radical and critical pedagogies in furtherance of human rights education. Adding to the toolkit, this article presents a conceptually oriented framework for application to human rights educational practice. It builds on critical human rights education scholarship, interrogating how human rights education can tackle structural injustice, elucidating ways to infuse classroom learning with horizontal human rights principles, and examining the psychosocial factors in this kind of learning. The application of critical pedagogies to human rights education will be of interest to human rights educators and students of human rights everywhere.

Prior to 1948, human rights education (HRE) was exclusively a concern of domestic legal and education systems, as human rights were not considered to be an appropriate subject matter for international law. However, the development of the United Nations (UN) and the adoption of the Universal Declaration of Human Rights (UDHR) saw this change, and for the first time HRE was included in an international instrument. This chapter considers the historical background to HRE becoming part of international human rights law and analyzes what States are required to do in order to comply with international HRE obligations contained in treaties and other instruments. It concludes with a few observations about levels of compliance with international laws pertaining to HRE, and obstacles to the realization of those laws, before closing with some recommendations about how States might increase their adherence to international HRE mandates. Keywords: human rights education (HRE); international human rights law; international law; states; United Nations (UN); Universal Declaration of Human Rights (UDHR)

Preface List of Contributors Introduction Progressive Nuances in International Human Rights Paradigm 1. The Historical Development of International Human Rights, Michelo Hansungule 1. Introduction 2. Some Historical Perspectives on Human Rights 3. Universal Rights 4. The European View 5. Human Rights as Moral Ideas in Diverse Societies, Religions, and Cultures 6. Africa 7. Middle East (Islamic World) 8. Asia 9. Post-War Developments 10. Conclusion 2. Civil and Political Rights, Joshua Castellino 1. Introduction 2. The Covenant 3. The Rights Package 4. Future Challenges 3. An Introduction to Economic, Social and Cultural Rights: Overcoming the Constraints of Categorization through Implementation, Vinodh Jaichand 1. Introduction 2. Historical Development 3. Similarities and Differences in Content of ICCPR and ICESCR 4. The Norms and Enforcement 5. On Justiciability: An Example of the Protection of ESC Rights in a Region 6. On Justiciability: Domestic Enforcement 7. Conclusion 4. Women's Rights in International Law, Mmatsie Mooki, Rita Ozoemana, Michelo Hansungule 1. Introduction 2. Recognition of Women's Rights: United Nations Charter and the International Bill of Rights 3. Women's Rights in other United Nations Convention 4. Convention on the Elimination of all forms of Discrimination against Women 5. United Nations Groundbreaking Conferences 6. Violence Against Women 7. Conclusion 5. Globalization and Human Rights, Heli Askola 1. Introduction 2. Globalization 3. Economic Globalization and Human Rights 4. Political, Social and Cultural Globalization and Human Rights 5. Conclusion 6. Role of the UN in the Promotion and Protection of Human Rights, Elvira Dominguez-Redondo 1. Introduction 2. From Codification to Efficiency: The Different Phases of the Human Rights Discourse within the United Nations 3. Normative Development of the UN System of Protection and Promotion of Human Rights 4. Charter-based and Treaty-based Monitoring Mechanisms: Public Special Procedure and the Work of the Committees 7. Attributes of Successful Human Rights on-Governmental Organizations (NGOs) - Sixty Years After the 1948 Universal Declaration of Human Rights, George E. Edwards 1. Introduction 2. NGOs & Human Rights NGOs 3. Ten Characteristics of Successful Human Rights NGOs 4. NGO Self-Regulation Via Codes of Conduct and Ethics 5. Conclusion 8. Do States have an Obligation under International Law to Provide Human Rights Education?, Paula Gerber 1. Introduction 2. Human Rights Education (HRE) in International Law 3. Obstacles to the Realization of HRE 4. Conclusion 9. Application of International Standards of Human Rights Law at Domestic Level, Joshua Castellino 1. Introduction 2. The Codification of International Human Rights Standards as Law 3. Domestic Implementation of Rights: The 'Engine Room' of Universal Instruments of Human Rights 4. Conclusion 10. Role of Regional Human Rights Instruments in the Protection and Promotion of Human Rights, Azizur Rahman Chowdhury, V. Seshaiah Shasthri, Md. Jahid Hossain Bhuiyan 1. Introduction 2. European Human Rights Treaties and Their Implementation 3. The Inter-American Convention on Human Rights, 1969 4. The African Charter on Human and Peoples' Rights, 1981 5. Concluding Remarks Index

The UN Decade for Human Rights Education began in 1995, and since that time many nations have reported activities and programs in line with the decade (United Nations 1998; UNHCHR 2005). While 1995 was a pivotal year in the history of human rights education, the curricular movement neither began nor ended with the UN Decade. Human rights education has been developing for several decades, and efforts to introduce human rights into formal school curricula have included diverse and ongoing activities by nongovernmental organizations (NGOs), intergovernmental organizations (IGOs), and dedicated individuals throughout the world. Beyond advocating for human rights education in schools, the actors involved in promoting human rights education also have been involved in creating and developing a curricular movement. This article builds on previous comparative education research by analyzing the current discourse surrounding this emerging education model— human rights education. The first section provides a brief history of human rights education in formal education. The second section reviews research on international reforms, emphasizing analyses of processes in global diffusion and variation at national or local levels. Closely related, the third section discusses linkages and relational and associational processes that spread ideas and construct new models such as human rights education. The fourth section focuses on the current state of human rights education, ex-

The position and the validity of the Declarations on Human Rights (1948) accepted by the United Nations (UN), and the subsequent declarations on Human Rights Education and Training (2010) are questioned by many scholars in their respective fields. These discourses manifest around the universality of human rights and its applications in human rights education suitable for global, contextual, diverse and particular societies. The proclamation of the United Nations Decade for Human Rights Education (1995–2004) (Resolution, 49/184), the World Programme for Human Rights Education (2004/71), the reassessments of UN Declarations on Human Rights Education (March, 2011) and UNESCO publications on human rights education (2011), illustrate the need to infuse shared values into every sphere of society. However, scholars are questioning the ontology and epistemology of human rights as a universal declaration and as the only means for legitimising human rights education for its transformative competencies and to offer its shared values for a sustainably just society. The legitimacy of this ideal of a universality of human rights as a binding factor drawn from a Western liberal philosophy, is arbitrary and limited. These limitations of human rights expose the ideal of an interconnectedness between human rights and human rights education in multilayered and multicomplex social environments. Human rights literacies and its new languages on human rights is a progressing nexus between human rights and human rights education and offers an epistemology in understanding human rights in human rights education.

Human rights education and training (HRE) has been gaining greater momentum since the 1990s, emerging as a human right and setting the framework for relevant state obligations through hard law and soft law instruments. As such, it has been clearly articulated in the United Nations Declaration on Human Rights Education and Training (2011). In the GCC, where the project of modernizing education set off only in the 1950s, states have only recently started engaging with international human rights law in a more meaningful fashion. In this context, the development of human rights education has been facing a number of challenges. The paper explores the emergence of the right to human rights education in the GCC, outlining its origins and meaning in international human rights law. It also studies the implementation of the right in the six GCC states, examining their HRE obligations, as identified and articulated by treaty-based and Charter-based bodies through the monitoring process. To conclude, the paper argues that HRE requires greater engagement in the Gulf, not only as an international obligation, but, most importantly, as a reflection of a necessary transformation in the educational and human rights culture in the region, in line with a more sustainable, post-oil outlook.

Human rights have long been an area of concern and active research since the inception of the Universal Declaration of Human Rights (UDHR) in 1948. The World Programme for Human Rights Education (2005-2014) has also re-emphasized the need for integrating human rights in school education as well as in the professional training of teachers through

Human Rights Education (HRE) involves more than knowledge of rights and wrongs. It developed to enable individuals to act in an informed way to protect human rights or to prevent human rights viola-tions. HRE is therefore both empowering and restraining in order to protect human dignity. Freedom from torture and other cruel, inhuman or degrading practices is central to human dignity. This article starts from the universal and absolute prohibition of torture under international human rights law. While considering the contradictive relationship between war and torture the article focuses on the war against terror as defined by the US administration as new type of warfare requires a new think-ing in the law of war. From this point of departure the article elaborates the challenges to human rights education developing from the debate on the legalization of torture. While comparing the dis-cussion and application of law in Germany and U.S.A. the author argues for a more coherent interna-tional human rights protection system and for the establishment of a comprehensive accountability mechanism within international human rights law. Particular attention will be paid to artificial loopholes in international law which facilitate a lack of accountability. The article also focuses on the arguments for legalizing and legitimating torture so as to highlight how HRE can be employed to foster the norma-tive understanding of human rights such as the right to freedom from torture. By highlighting the moral, political, legal and social dimensions to human rights standards, it will be shown that HRE can help to close loopholes in international law and counteract arguments against the absolute prohibition of tor-ture.

우리나라의 인구통계를 보면 외국인노동자와 결혼이민자 등 국내 체류외국인이 증가하면서, 대한민국 사회도 본격적인 다문화사회에 진입하고 있다. 다문화가족이 증가하면서, 이들 가정내의 다문화학생 수도 지속적으로 증가하고 있다. 그러나 다문화학생들의 기본인권인 교육권에 대한 보장은 현실적으로 법적 근거가 미약하여 그 한계가 노출되고 있다. 우리나라 해당 법률에서 정의하거나 범위를 정한 다문화학생의 범위 등에 대한 논란조차도 다문화학생들의 교육받을 권리침해에 해당될 수 있다. 다문화가족지원법 및 청소년복지지원법의 소관부처인 여성가족부는 다문화가족 구성원인 아동･청소년 및 이주배경 청소년을 다문화학생으로 정의하고 있고, 재한외국인처우기본법의 소관부처인 법무부는 결혼이민자 및 그 자녀를 다문화학생으로 간주하고 있다. 정부의 관계부처 합동 이주아동 사회차별 해소 추진계획에서는 포괄적으로 이주아동 전체를 다문화학생으로 보고 있다. 교육부와 지방교육청은 불법체류 외국인 가정의 자녀도 다문화학생으로 보고 있다. 교육을 행정부처인 교육부와 지방교육청의 논리를 적용하면 불법체류 외국인 가정의 미등록 아동 등은 다문화학생으로의 법적 근거가 없거나 희박하여 중요 기본 인권인 교육권 자체도무시될 처지에 놓이게 된다. 보다 심각한 것은 다문화가족의 다문화학생에 대한 교육권 보장의 개별법이 없는 상태에서 정부의 소관부처 법률에 따라 충돌하여 위헌논쟁까지 있다는 점이다.이에 본 연구는 다문화학생들의 교육받을 권리와 관련해서 현행 교육관련 법의 한계와 문제점을 고찰하고, 다문화학생들의 교육받을 권리, 즉 인간의 기본 권리로서 다문화학생들의 교육권 보장을 위한 법의 개선방향을 제시하는데 그 목적이 있다. 연구결과로서 첫째, 교육관련 법들이 명문화한 다문화학생의 교육권은 제한적이었다. 둘째, 다문화, 다문화가족, 다문화학생 정의와 범위가 확대되고 통일되도록 개정되어야 하며, 다문화학생들의 교육권 보장을 위한 법적 근거 마련이 시급하였다. 셋째, 다문화교육을 포괄하고, 다 문화학생의 교육을 위한 독립적인 교육법 마련이 요구되었다.According to the recent Korean census, the number of multicultural students has been increasing due to the increase of multicultural families. However, multicultural students education rights as their fundamental human rights have not been practically guaranteed because of lack of legal grounds. Even the issues concerning concepts and scope of multicultural students defined by the current related laws in Korea can be considered infringement of their education rights. Multicultural Families Support Act and Juvenile Welfare Support Act which fall under the jurisdiction of The Ministry of Gender Equality and Family define the multicultural students as children and youth from multicultural families, and Act on the Treatment of Foreigners in Korea which falls under the jurisdiction of the Ministry of Justice defines multicultural students as married immigrants and their children. The affirmative action plan for immigrant children by the government s ministries and offices concerned consider all immigrant children as multicultural students. The Ministry of Education and the provincial educational offices include children from illegal immigrant families in the definition of multiclutural students. According to the Ministry of Education and the provincial educational offices which administer education in Korea, unregistered children of illegal immigrant families have little or no legal grounds and their educational human rights as their fundamental human rights might be in danger of being disregarded. A more serious issue is that multicultural students educational human rights might be argued whether they are against the constitution or not due to the conflicts among the governmental ministries and offices concerned since there are no individual laws regarding their education human rights. Thus, the objective of this study is to investigate the limitations and problems of the current laws on education concerning the multicultural students education rights and to provide meaningful insights into the proper direction of the reform of the laws on their education rights. The findings of the research are as follows: 1) multicultural students education human rights stated on the current related laws are limited; 2) the concepts and scope of multiculturalism, multicultural families, and multicultural students should be extended and unified, since the provision of legal grounds for the multicultural students education human rights is urgent; and 3) the need for the provision of independent educational laws for the multicultural students and the inclusion of multicultural education.

The article analyzes the provisions of international legal acts at the universal and regional levels (Universal Declaration of Human Rights of 1948, International Covenant on Economic, Social and Cultural Rights of 1966, Basic Principles on the Role of Lawyers of 1990, Committee of Ministers Recommendation Rec (2004) 4 to member states on the European Convention on Human Rights in university education and professional training etc.) regarding education in the field of human rights for representatives of legal professions. It is noted that representatives of legal professions who are at the center of human rights protection should be able to obtain high-quality education in the field of human rights in order to effectively perform their human rights function and prevent human rights violations. Human rights education programs were described (the UN World Programme for Human Rights Education, Council of Europe Programme for Human Rights Education for Legal Professionals). It is indicated that the UN World Programme for Human Rights Education consists of a number of stages aimed at specific issues: the first stage (2005-2009) was aimed at including human rights in the educational program of primary and secondary schools; the second stage (2010-2014) was dedicated to education in the field of human rights in the higher education system and professional training programs for teachers, lecturers, civil servants, law enforcement officers and military personnel; the third stage (2015-2019) was aimed at employees of mass media, and the fourth stage (2020-2024) identified youth as the target group. It is noted that the Council of Europe Programme for Human Rights Education for Legal Professionals (HELP) consists in strengthening the potential of judges, lawyers and prosecutors, etc. on the application of European standards in the field of human rights through online courses that cover a range of topics in this field.

This article uses a human rights lens to analyse the adequacy of provision for human rights education (HRE)in law, policy and the post-primary curriculum in Ireland. While the subject matter of school curriculum is seldom examined from a human rights perspective, the article explains the necessity for doing so in the case of human rights education given the status of HRE in the international human rights canon. The article thus details the evolution and substantive content of the right to HRE in international human rights law, before turning to analyse the extent to which this right is promoted and protected in Ireland. It concludes that while some steps have been taken to articulate the goal of HRE in policy formation as well in the CSPE and Politics and Society curriculums, significant deficits persist in implementing the right of every child to a meaningful human rights education as required by international human rights law.

Linguistic human rights are a concept remaining on the crossroads of several scientific disciplines, e.g. linguistics, anthropology, psychology and, last but not least, human rights law. Taking the latter as a lens, this study seeks to clarify the concept of linguistic human rights in education – presumably, the most linguistically sensitive sphere in the life of individuals and communities. The paper demonstrates that despite little mention of language in the UN treaties (ICESCR, CRC, CERD, CADE), its importance is reflected in the practice of the relevant treaty-based bodies. Moreover, increasing interest from scholars across a range of disciplines is contributing to the development of a linguistic human rights doctrine and is penetrating the UN human rights framework.