Comparing Dimensions and Components on the Rights of the Child in the International Convention and in the Upstream Documents of the Educational System Islamic Republic of Iran

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)

People with special needs have sometimes been excluded from the higher and tertiary education system simply because the system does not have structures and mechanisms in place to address the needs of their situations in most developing countries. In Zimbabwe, the Ministry of Higher and Tertiary Education came up with a strategic plan 2011-2015 which states ‘’Enhancing the tertiary education and training of learners with special needs .’’ The strategic plan proposes to focus on addressing the needs of those with special needs for example physically challenged. This would be in terms of providing user friendly human capital resources, facilities and specialized equipment. The Southern African Development Committee protocol on education and training highlights that all nations must provide enabling structures, systems and learning methodologies that meet all learners’ needs irrespective of race, colour or creed. There are also international declarations and conventions that support inclusive education. Yet in spite of all these national, regional and international framework policies, inclusive education still remains a challenge hence the need to investigate the challenges faced by teachers’ colleges in implementing inclusive education. Against the background of literature review which examines barriers to the implementation of inclusive education in institutions of higher learning in both developing and developed countries, this article draws on a quantitative inquiry of challenges faced by teacher training colleges in Zimbabwe in their attempt to implement inclusive education using a sample of 60 respondents from three of Zimbabwe’s colleges. The study adopted the descriptive survey design. The target population comprised all lecturers and students in the three teacher training colleges. The sample consisted of 45 students and 15 lecturers selected using purposive sampling. The information was collected through a questionnaire which largely had close ended questions and two open ended questions and some interviews. The study revealed that inclusive education has been introduced in the teacher education programmes through policy pronouncements and rhetorical compliance with international conventions. However, information on the ground indicates that in terms of practicing what should be done for full implementation of inclusive education, there is little to show for it. The study recommends that colleges should restructure their programmes to include provisions of assistive devices, supporting aids and services, modification of the classroom environment, sign language interpreters and note takers among others. Keywords : Inclusive education, Barriers, Teachers, Disability, Implementation, College

The article offers a comprehensive analysis of the guarantees for compliance with the norms of international humanitarian law (IHL) and the mechanisms for their enforcement, particularly in the context of modern armed conflicts. Special attention is given to the observance of IHL provisions in the framework of the armed aggression of the Russian Federation against Ukraine. The authors systematize the key guarantees for the implementation of IHL norms, including the system of protecting powers, the activities of the International Committee of the Red Cross (ICRC), the positive obligations of parties to comply with the Conventions, mechanisms of collective and individual responsibility, as well as international criminal prosecution. The study examines the role of external oversight and the influence of international institutions – such as the ICRC, protecting powers, and specialized humanitarian organizations – as well as the impact of public opinion and the media in ensuring adherence to humanitarian standards. The authors emphasize the limited effectiveness of existing international legal sanction mechanisms due to the absence of effective enforcement tools and the dependence on states’ political will. Special attention is devoted to reprisals as a controversial means of law enforcement, along with the issue of impunity for violations of IHL norms. The necessity of reforming the approaches to ensuring compliance with IHL is substantiated by combining external oversight with internal national mechanisms, strengthening legislative regulation, promoting systematic legal education of military personnel and public officials, and actively involving international judicial institutions. The study also underlines the need to develop a sustainable and effective international practice for responding to serious violations of IHL, which must be grounded in the principles of universality, legal certainty, transparency, and equality before international law. The recommendations proposed in the article have practical relevance for improving national policies in the sphere of human rights protection during armed conflicts and for strengthening Ukraine’s role as an active actor within the international humanitarian legal framework.

In international law, and particularly in international human rights law, the conception of erga omnes obligations stands for a certain mandatory duty for states to take towards the interests of the international community as a whole. Stemming from Latin origin, and signifying duties ‘towards all’ or ‘towards everyone’, erga omnes obligations require that all states comply with the norms and principles that the international community has reason to value. Despite the clarifications about the erga omnes obligations of states towards the interests of the international community, the Islamic Republic of Iran has wittingly ignored such obligations. In the field of international human rights law, this reluctance by Iran to fulfill the erga omnes obligations is more and more evident and shameless.

Introduction. The right to choose the state’s cultural system derives from the principle of noninterference in the matters within its domestic jurisdiction. Although the necessity to precise the content of the main principles of international law has been outlined in the Russian international law doctrine, hardly any research focusing on the right to choose cultural system can be found. The research on international law position of the Organization of Islamic Cooperation and its Member States concerning the right to choose the state’s cultural system is lacking despite the fact that historical, cultural and religious particularities of the Member States of the OIC affect the scope of their obligations under international law. Materials and Methods. The research aims to discover the particularities of the exercise of the right to choose cultural system by the Member States of the OIC and their impact on the qualification of matters within domestic jurisdiction of these states. The research includes historical and systemic legal analysis of the principles and norms of general international law concerning the right to choose the state’s cultural system and their application in OIC acts and constitutional law of OIC Member States on the example of the Arab Republic of Egypt, Islamic Republic of Iran, Kingdom of Saudi Arabia and Republic of Iraq. Results. The sovereign and inalienable right to choose the state’s economic, political, social and cultural system was enshrined in universal, regional and bilateral international law acts in the result of codification and progressive development of international law norms in the second half of XXth century. The exercise of this right is limited by the state’s international law obligations. Including provisions on the state’s historical, cultural and religious particularities in the state’s basic law should be considered as a form of exercising its right to choose cultural system. Discussion and Conclusions. If historical, cultural and religious particularities of a state constitute the basis of its state and social system, the legal regulation of these particularities should be considered the matter of its domestic jurisdiction. Thus, such particularities may not be regulated by international law. OIC acts enshrine the limitation of the exercise of the right to choose the state’s cultural system as well as the Member States’ position as regards cases when interference in the exercise of this right is not permissible. The attachment of some OIC Member States to the principles of Islamic Sharia should be considered not only as their historical, cultural and religious particularity but also as a basis of their state and social system, which falls within their domestic jurisdiction.

Since 2011 the Chilean education system has faced a crisis of unprecedented proportions. The 2011 school year was virtually paralysed as students of secondary and higher education, as well as teachers, took part in strikes that lasted weeks and flooded the streets of Santiago de Chile in the largest demonstrations the country has seen since the restoration of democracy. The marches have continued throughout 2012 and 2013, with over 150,000 students marching through the capital as recently as April this year (Fang 2013). It is the largest and most persistent social movement to have arisen in the democratic era, dating back to the mass ‘pinguino’ protests of 2006 where 600,000 students marched for educational reforms (Delano 2011). The movement has sparked national and international scrutiny of the profoundly unequal conditions that exist within the Chilean education system, as well as broader questions of social and economic justice in Chilean society. Students have been campaigning persistently against the excessive cost of education, the widespread privatisation and for-profit nature of educational institutions and the increasing disparities between rich and poor in access to quality education at all levels. Successive attempts to appease the students through greater budgetary allocations as well as reforms to the student loan system have been rejected by the movement (Muñoz 2012, 25). Their demands go far beyond the provision of additional resources for education. They argue that the structure of Chilean education is fundamentally flawed, creating one of the most expensive and unequal education systems in the world. At the core of their frustrations is the belief that the Chilean model of education is a relic of the Pinochet regime. Key features of the current education system were implemented between 1973 and 1990, a period of institutionalized human rights violations. Furthermore, successive democratic administrations have failed to significantly reform these structural aspects of the education system. Therefore they argue that the time has come for a fundamental reorganization of education in Chile towards a system that provides genuinely free, high quality education that is accessible to all (Muñoz 2012, 6; Delano 2011; Tomasevski 2006,198). This paper takes the argument of the student movement as its starting point. It will explore the claim that this current state Chilean education has its roots in the social and economic policies implemented during the Pinochet regime that have remained largely unchanged during the democratic era. This raises key questions about Chile’s transition from dictatorship to democracy and the failure to address violations of economic, social and cultural rights that occurred during the regime. Therefore, this paper will analyse the development of educational policy in Chile since the Pinochet era, taking a human rights based approach. By drawing on international standards on the right to education, it will examine whether Chile is meeting its obligations under international human rights law, to respect, protect and fulfill the right to education. It will question whether economic and social policy implemented under an authoritarian regime can be considered compatible with social justice. This will require a brief sketch of the right to education under international law and a broader examination of the economic and social policy implemented under the Pinochet regime and following the restoration of democracy. Finally it will examine the nature of Chile’s transition from authoritarianism to democracy and whether transitional justice processes have any role to play in addressing current social tensions and the demands of the student movement. The Chilean student movement has drawn attention to issues that go beyond their immediate demands for educational reform. They have highlighted deeper frustrations lying at the heart of Chilean society: questions of equality and social justice following the restoration of democracy have been sacrificed in the name of economic growth and political stability. The movement has finally brought the intimate relationship between the violence of the military takeover, the violations of civil, political, economic, social and cultural rights that occurred during the regime and persistent social and economic injustices, into the mainstream public discourse.

The world has moved into a new era since the collapse of the Soviet Union. The bipolar world in which the global sociopolitical system was a hostage of relations between Moscow and Washington-and in which stability depended on the ability of the two superpowers to reach agreements between themselves-has passed into history. But the incipient unipolar world, led by the US, is now demonstrating its inability to cope effectively with the challenges of the present. This article confronts problems with the developing world system.Such problems are a consequence of a series of factors. Geoeconomic divisions have changed the entire system of international relations, including the main international organizations and structures, rules, and regulations that were passed down to us from the preceding period and are mostly ineffective today. The most recent example is Kosovo. The need to establish a new system of international organizations and new international law has met with strong resistance on the part of those elites that had considerable political advantages in the old world order. The formalized system of managing international relations that served the geopolitics of the Cold War proved to be stronger than its political content, and in many respects its inertia is hindering the establishment of a system of international organizations and law suitable for the new era.Elements of improvisation in the policy of the world's leading powers have greatly increased. The world today is living in an era of political improvisation that has replaced governmental foreign policy strategy worldwide. The sole world superpower-the United States-has proven itself to be ill equipped for providing undivided responsibility on a global scale, and it has largely reduced its naturally developed leadership to crude domination. As a result, the US has begun to lose its significance as an attractive model of social, political, and ideological development. In its place, all sorts of destructive movements and forces have begun to rise, from Islamic extremism to ethnic and state nationalism. The policies of large countries-including the US and Russia-have therfore become predominantly reactive. This has markedly diminished the possibility of cooperation, even on the most important world issues. Elites have even begun speaking of a new Cold War.There has been a complete breakdown of the traditional regional structure that for decades was the foundation of international policy and the foreign economic market. Processes of globalization have begun to play a greater role, and they are now determining the parameters of regional development, security, and stability. Inclusion in global processes is more than ever determining the role and importance of individual countries in the world. The national elites of most states are trying to become global, and countries that bank on political and economic regionalism remain on the sidelines of world politics. Moreover, the concept of regional security-and thus of regional military and political blocs-has lost its significance. The national security of individual countries can no longer be ensured through a regional defence system.The same processes are increasingly evident in the world economy. Economically settled states are falling behind in the rate of their development visa-vis rapidly advancing economies. The world energy market-red-hot today because of unprecedented high prices for energy sources and the uncertainty of political risks-is a powerful region- splitting factor. In addition, the development of international communication and technology has led to the near-total disappearance of regional and national information systems. The educational system is becoming increasingly global. Traditional religions-particularly Islam-have spilled over the boundaries of their traditional regions and spread globally. Every day, tens of millions of people-and millions of items of merchandise-cross borders that are becoming increasingly transparent and arbitrary. …

The article examines the problem of meeting the requirements for the teaching of lawyers and international lawyers in Ukraine with modern trends in the teaching of lawyers in the world. The authors emphasize that International Law graduates should have more skills than Law graduates. However, the approaches defined by the authorities of Ukraine do not correspond to the trends in the teaching of lawyers in the countries of Europe and the USA. Therefore, to ensure the high quality of teaching of future lawyers and international lawyers, it is necessary to take into account and integrate positive foreign experience. This article proposes specific directions for the modernization of the teaching of lawyers and international lawyers, in particular: the expansion of educational programs in order to ensure greater practical orientation and focus on modern trends in law; introduction of innovative teaching methods, such as online courses, webinars, etc.; increase of practical classes and internships for students; integration of computer literacy and programming knowledge into the educational process. The article analyzes the foreign experience of teaching lawyers and international lawyers and emphasizes the need to take this experience into account in the process of modernization of teaching in Ukraine. The main directions of modernization are described in detail, in particular: the introduction of innovative teaching methods, strengthening of the practical component of teaching, raising the level of teachers, development of research work, etc. In general, the article suggests ways to improve the quality of teaching of lawyers and international lawyers in Ukraine by taking into account positive foreign experience and using modern methods and approaches in the educational process. Keywords: teaching of lawyers, teaching of international lawyers, higher education in Ukraine, modernization of Ukrainian law schools.

In 2017, Anthea Roberts published an important book, Is International Law International?, in which she asked whether there was actually a unified approach to international law across international jurisdictions or whether approaches to international law differed significantly within different cultural and educational systems. She went further than asking that question but went on to amass significant evidence on educational profiles of academics in different countries, international law textbooks within different national contexts, and ultimately different and competing national traditions of international law. While I will certainly not here amass the same quantity of material in response to the question, I raise here a question inspired by hers, asking “Is Canadian Constitutional Law Canadian?”
 To be clear, I ask that not in the sense of whether Canadian constitutional law is distinctive relative to the traditions of other states, such as the United Kingdom or United States, but rather whether Canadian constitutional law is unified at a pan Canadian level. Is there one patriated body of constitutional law across Canada, or are there sufficient indications as to raise questions about such a claim that would warrant further and more detailed investigation?

The publication focuses on the crucial topics of protecting children's rights in civil, criminal, and international law. In today's rapidly evolving digital landscape, ensuring the well-being and rights of children has become more complex yet paramount. This comprehensive exploration delves into the multifaceted legal frameworks and challenges surrounding children's rights in various legal domains. From issues of custody and education to juvenile justice and international treaties, this book offers insights into the evolving landscape of child protection laws. With a keen focus on navigating the digital age's influence on children's rights, this publication serves as a valuable resource for legal professionals, policymakers, educators, and advocates dedicated to safeguarding the rights and welfare of children.

The general course in Public International Law has not traditionally been considered a “black letter law” subject along the lines of the legislation and case law based domestic law subjects in most Australian Law School curricula. Despite the general acceptance among international law educators that international law is much more than simply a set of rules, teaching methods in the subject, at least in Australia, have rarely focused on the actual practices of international law, particularly the peculiarities of the process of international law making. Indeed, a clinical international legal education program has yet to be developed anywhere in Australia. This lack of attention to teaching about the making of international law poses a particular problem in the area of multilateral treaty making. Treaties are one of the four major formal sources of international law and, increasingly, are seen as the most significant component of the international legal order. An understanding of the principles of treaty law is fundamental to any analysis of the substantive provisions of an individual treaty and therefore indispensable to any student of international law. Yet, the methods and processes by which treaties emerge remains relatively unexplored in the discipline. This can be contrasted with scholarly activity in domestic law where “emergence studies” into national legislation is a thriving field.

The paper examines the contribution of the International Committee of the Red Cross to the development and implementation of international humanitarian law. It was established that today the Organization plays an important role not only in providing assistance to persons who are in armed conflicts and conflict situations, but also in the development and implementation of the norms of humanitarian law that exist today. It was emphasized that it was the ICRC that conducted intensive preparatory work for the Geneva Conventions and Protocols and prepared the projects that became the basis for the two diplomatic conferences. It was determined that the activities of the ICRC related to the application and observance of international humanitarian law are divided into two areas: activities in peacetime and during armed conflicts. Peacetime activities include: promoting the ratification of international humanitarian law treaties and encouraging states to prepare and adopt national legislation and other necessary measures to implement these treaties at the national level, to include humanitarian law in military and police training curricula, and encouraging states to include humanitarian principles and humanitarian law in educational programs for both schoolchildren and students. The activity of the ICRC during an armed conflict is reduced to ensuring the protection of citizens who are in the hands of the enemy, and in general to control the application of the Conventions. After analyzing the ICRC's role in the development and implementation of international humanitarian law, the main levels at which it works are determined: operational work, legal work, work on knowledge dissemination and monitoring. It has been established that the implementation of the provisions of the Geneva Conventions and Additional Protocols rests with both the ICRC and national governments, which should use the ICRC as a network to support the implementation and promotion of respect for and compliance with international humanitarian law.

ABSTRACT. The purpose of the article is to study the main challenges and ways to overcome them in modern legal science in terms of the role played by international scientific and practical cooperation in this process. The right to education is not only enshrined as a constitutional value of modern states, but also occupies an important place in the development of international cooperation. This investigation explores the increasingly pivotal role that such cooperation plays, particularly in the legal education sector, highlighting how it serves as a crucial conduit for sharing best practices and advancing the rule of law globally. The article provided justification for the recognition of international educational law as an independent branch of international (public) law as one of the main conditions for the effective implementation of activities in the field of scientific and practical cooperation, its strengthening and improvement of results. Analyzing the works of domestic and foreign scientists, it was determined that international educational law is an independent branch of international public law, which is a system of international legal principles and norms. The latter regulate social relations arising between subjects of educational law in the field of educational relations, including the realization of the individual's right to education. These norms not only facilitate access to education on a global scale but also ensure the protection of educational rights, contributing to the development of a more equitable global education system. The study made it possible to determine that there is a full-fledged toolkit for Ukraine to achieve its strategic goals in the context of its post-war reconstruction and its implementation of the course of European integration. Our country has a wide base of international agreements in the fields of science, education, culture, and humanitarian cooperation. It is emphasized that leveraging these agreements effectively requires robust domestic frameworks that align with international standards, ensuring seamless integration and mutual benefits. Current agreements contribute to the achievement of such tasks as attracting foreign scientists, conducting joint research, exchanging scientists, students, teachers, specialists, and promoting the Ukrainian language and culture. The conclusion emphasizes: modern international educational law cannot be imagined without a huge array of supranational acts of various levels. International educational law is dynamically developing and transforming along with national educational legislation. At the same time, the idea of creating a basic convention of international educational law aimed at consolidating educational relations at the interstate level, including their declaration, as well as their systematization, deserves scientific consideration. This convention could serve as a foundational framework to standardize and enhance the legal infrastructure supporting international educational endeavors.

The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This commentary on the Declaration analyses both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status, and also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles.

A human rights approach: The right to education in the time of COVID‐19