Field Of Human Rights Research Articles

CIVIL SOCIETY ORGANISATIONS IN IRAQI KURDISTAN: AN ANALYSIS OF CHALLENGES

Around 6,000 civil society organisations (CSOs) have been registered by the autonomous Kurdistan Regional Government (KRG) in Iraq since 2011. Many of them work in the fields of human rights, women’s and youth capacity empowerment, law, and the environment, while others monitor the work of the Kurdistan government, parliament, and elections. CSOs in Iraqi Kurdistan face many challenges that place serious constraints on their work and limit the socio-political and economic roles that they can play. This article explores these challenges in order to make some recommendations to improve CSOs’ functionality within the democratisation process of the KRG. A historical descriptive and case study method was utilised for the studies. In-depth interviews with relevant stakeholders from CSOs, academia, and the government were used to generate qualitative data that was thematically analysed. The research findings revealed that CSOs in Iraqi Kurdistan are faced with political, financial, legal, and religious challenges, as well as the impacts of corruption and government interference. The article argues that CSOs are paramount institutions for the development of Iraqi Kurdistan, and only when these challenges are overcome will CSOs be effective in contributing to society’s democratic development.

A spiritually orientated (self-)care approach to human rights

In recent years, there have been significant challenges to women’s rights. In addition to external attacks, internal challenges include a dichotomous, oppositional and gendered framework of human rights, as well as the problem of burnout and trauma in the field. Feminists have been addressing these problems by offering a reconceptualisation of rights, developing the concept of spiritual activism, emphasising the power of erotics and pleasure in activism, as well as incorporating self- and collective-care practices. Taking into account feminist contributions and work that still needs to be done, as well as my own personal experiences in the fields of human rights, self-development and spirituality, in this article I engage with the concept of care and spirituality to propose changes in the conceptualisation and practices of human rights, with a view to developing a feminist spiritually orientated (self-)care approach to human rights.

The Constitutional Guarantees of the Right to Petition (Case of Uzbekistan)

This article is devoted to the issue of a human right to petition. It describes the importance, objects and subjects of the right to petition, the forms, methods, guarantees and procedures for its realization. Authors scrupulously investigated the case of Uzbekistan. As it is known, the right of citizens to petition international bodies in the field of human rights is recognized for the first time in the renewed Constitution of Uzbekistan adopted on April 30, 2023, and entered into force on May 1, 2023. According to Article 55 of the renewed Constitution, “Everyone shall have the right, by the legislation and international treaties of the Republic of Uzbekistan, to petition international bodies that protect human rights and freedoms of all internal means of the legal protection of the state have been used”. In this regard, similar situations in the constitutions of foreign countries are summarized, and different aspects are highlighted. Also, the authors describe the international-legal bases of applying to the bodies of international organizations and reveal its importance for Uzbekistan.

Do international rankings affect public opinion?

International rankings push governments to adopt better policies by providing comparative information on states’ performance. How do citizens respond to this information? We answer this question through a preregistered survey experiment in Israel, testing the effect of rankings in the fields of human rights and the environment. We find that citizens respond to international rankings selectively. Informed about a high ranking given to their country, citizens tend to express a more positive assessment of the country’s performance. By contrast, they seem to dismiss poor rankings of their country. We further find that poor rankings on a polarising issue, such as human rights, might face a particularly strong resistance from citizens. Overall, our results engage with and support recent scholarship sceptical of the impact of international shaming on public opinion. Even gentle shaming – expressed through a low numerical grade – might not be well received by the public.

Eğitim Hakkı Kavramının Ulusal ve Uluslararası Normlarda Tartışılması

The right to education, whose development began with the existence of modern society, has become a right included in the constitutions, which has become widespread in all societies with the new nation-state constitutions based on the phenomenon of equality of people. However, the right to education continues to be a concept that is currently being discussed in the context of fundamental rights and freedoms and human rights, due to the fact that its use cannot be realized only through acceptance by states in laws. It is necessary to determine the concepts of rights and freedoms before examining the place of the concept of the right to education among fundamental rights and freedoms. The element of authority is at the core of the concept of right. This is the authority to do something, to behave in a certain way from others, or to ask for something to be done. The concept of right is defined as the interests of a person recognized and guaranteed by the legal system in accordance with the theory of interest. According to this definition, in order for interests to be considered rights, they must belong to a person and be protected by the legal order. There are also approaches that suggest that rights are different from interests and needs. According to these approaches, interests and interests may be arbitrary, but rights are principled and officially accepted powers and standards. From the point of view of the theory of will, right is an authority and voluntary superiority recognized by the legal system and guaranteed at the same time. The position of the voluntary superiority is provided by the rules of law. Therefore, the right is the sovereignty of the will, which is protected by the legal order. According to the mixed theory, which combines the theory of will and interest, the concept of right has been put forward as a protected interest by recognizing the willpower of a person. In this context, the right to education as a concept is much newer than the concept of educational assignment. Because in the beginning in modern societies, people could not use education as a right, they took it on as an obligation. It has been possible for education to be a human right only with the developments in the field of human rights. The classical bourgeois revolutions brought a certain degree of freedom of self-development to a person, but not all social segments were able to achieve this through their own means. 19. economic and social rights, which have gained importance with the understanding of the social state that has developed since the second half of the century, have also included the right to education. Key Words: The Right to Education, The Concept of the Right to Education, National Norms, International Norms

Striking a balance: the interplay of CJEU rulings and international human rights obligation with national constitutional identities

The article examines approaches to the interaction of decisions of the Court of the European Union (CJEU) and international obligations in the field of human rights with the constitutional identity of states. Attention is focused on the concepts of “national identity” and “constitutional identity”, their relationship, and the introduction of the concept of “national identity” into the European legal order after the signing of the Maastricht Treaty (1993). Attention is drawn to the fact that the primary law of the EU does not contain the concept of “constitutional identity”, but this term is widely used in the decisions of the constitutional courts of several EU member states. In these decisions, the constitutional courts raised the issue of the protection of the constitution and constitutionality in the EU member state given the harmonization of legislation and/ or ultra vires decisions.
 The article notes that the concept of constitutional identity is broad, it covers the historical, political, cultural, and legal identity of the state, as well as the connection of national law with the international and autonomous legal order of the EU. The idea of constitutional identity is dynamic and constantly evolving due to the continuous development of the states themselves.
 The analysis of various approaches to this interaction based on the German Federal Constitutional Court, Hungarian Constitutional Court, and Italian Constitutional Court was carried out. It is noted that the interaction of CJEU rulings with constitutional identities is based on the principle of primacy of the EU law, and international human rights obligations are based on the conventional feature of the “obligation of uniform interpretation” and universal standards while ignoring the constitutional tradition of the states. It means that CJEU judgments have a higher legal force than national court judgments, while international human rights obligations should become precedents for subsequent national court judgments, not lowering the national standards of human rights protection.

The right to education and the principle of equality: from an idea in the works of Professor Hersch Lauterpacht to enshrining in the Universal Declaration of Human Rights

The article examines the scientific contribution of Professor Hersh Lauterpacht to the development of the idea of enshrining in writing the right to education in the Bill, its content and the principle of equality. It is noted that Sir H. Lauterpacht’s scientific views on the right to education are still relevant today. Attention is focused on the fact that everyone’s right to education is sometimes replaced by people’s enlightenment. The issue of ensuring the right to education by the aggressor state in the territories temporarily occupied by it is raised. It is stated that the state violates its international obligations to ensure everyone’s right to education if it replaces people’s education with people’s enlightenment. The issue of the economic development of the state, the economic potential of the state, international and domestic standards of the right to education, and their interrelationship is also raised.
 It is concluded that the ideas set forth in Professor G. Lauterpacht’s monograph «The International Bill of Human Rights» were progressive in nature, and essentially it was about the need to establish a written catalog of human rights, as well as about the fact that this catalog should be part of the structure of the world. Sir Gersh Lauterpacht in his scientific work applied the approach according to which he proposed to enshrine the state’s obligations in the field of human rights in the Bill. In the Universal Declaration of Human Rights, an approach was applied, according to which human rights were enshrined, and with respect to the duties of the state, a veiled enshrining of them was applied.
 It is established that Sir G. Lauterpacht: 1) considered the right to education of everyone as a duty of the state, which it must conscientiously fulfill; 2) linked the standard of the right to education with such factors as: 1) the economic potential of the state; 2) economic development of the state. Accordingly, in states that have higher economic development and greater economic potential, the standard of education should be higher, and in states that are less economically developed and have less potential, the minimum standard of the right to education should be ensured; 3) introduced such a criterion for evaluating the fulfillment of the state’s obligation to ensure the right to education as efficiency. If the state is an entity that has the duty to effectively ensure the right to education, then, accordingly, the state must bear responsibility if it does not effectively ensure this right.
 Professor G. Lauterpacht proposed to enshrine the principle of equality in writing. Regarding the content of this principle, he applied an approach according to which the state is entrusted with the duty to ensure full equality before the law of all and equal treatment of every person of state power. It is established that the idea of the prohibition of discrimination and its content, which Professor Hersh Lauterpacht proposed to enshrine in the Bill, laid the foundation for desegregation in education.
 The influence of Hersh Lauterpacht’s monograph on the formulation and consolidation of the right to education and the principle of equality in the written act on human rights - the Universal Declaration of Human Rights - has been revealed.

Promoting Human Rights as a Way of Improving Soft Power: The Case of India’s Caste-Based Discrimination at the United Nations

The ascendance of India as an economic power is well documented. This rising India has also focused on increasing its soft power and influence in international politics, especially through the dissemination of its values of ancient cultural heritage such as Buddhism, yoga and engagement with the diaspora. In the field of human rights as well, as a founding member of the United Nations (UN), India has participated in the framing of the Universal Declaration on the Human Rights and has signed various UN Human Rights Treaties and Conventions over the years. However, in the particular case of addressing caste discrimination, India has shied away from the international recognition of Dalit rights as human rights. Indian diplomats have continually opposed any internationalisation of caste-based discrimination and its linkage to racial discrimination at the global level, especially in the UN. In this scenario, how does the international community view India’s ascendance with respect to this issue? This article argues that India must play a leadership role in defending the rights of discriminated caste groups if it seeks to enhance its soft power credentials of being the largest democracy and demonstrate itself as a responsible power at the global level with respect to human rights issues. Furthermore, the norm that UN has tried to create of categorising caste discrimination as a form of racial discrimination cannot be strengthened without India’s support as India happens to be the most relevant state actor in this case.

Имплементация норм международного права по защите детей в законодательство РФ

The issues related to the protection of children's rights at the international legal level are considered, the main aspects of the implementation of international norms into national legislation on the protection of children's rights are shown, a comparative analysis of the main international documents in the field of human rights and child protection is carried out, they reveal common and special features. Based on the comparative legal analysis, the conclusion is made about the different scope of the content of these rights in international and Russian legislation. It is shown that continuity in law makes it possible to explore models of legal regulation of the protection of children's rights, both at the national and international levels, it is carried out in the form of a transition from one legal system to another.

НОРМАТИВНО-ПРАВОВЕ ЗАБЕЗПЕЧЕННЯ ГЕНДЕРНОЇ ПОЛІТИКИ НА РІВНІ ТЕРИТОРІАЛЬНИХ ГРОМАД В УКРАЇНІ: МІЖНАРОДНИЙ АСПЕКТ

Background . Ukraine's candidacy for EU membership contributed to the acceleration of changes in Ukrainian legislation in accordance with the requirements of the "Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their member states, on the one hand," signed in 2014. Of particular interest in the context of the development of municipal gender policy are the issues of localization of UN Security Council Resolution 1325 and the joining of local communities to the European Charter of Equality of Women and Men in the Life of Local Communities. In order to adapt European approaches to gender policy at the local level, it is necessary to carry out a detailed analysis of the normative and legal support of gender policy for the effective post-war reconstruction and recovery of Ukraine. The subject of the research is international normative legal acts in the field of human rights, gender equality, local self-government and other areas of law (from the standpoint of the provisions of the Law of Ukraine "On Law-Making Activity") and their adaptation to Ukrainian legislation. Methods . In order to conduct a correct study and obtain reliable results, an institutional approach was used, which makes it possible to form the author's vision of ensuring equal rights and opportunities for women and men at the local level by formal and informal social institutions. A structural-constructivist approach was also used to study the structural factors that determine the framework of gender relations. Results . International legal acts in the field of gender equality, rehabilitation and municipal policy are aimed at the unification of approaches to the regulation of human rights protection in the plane of the so-called "unified legal field" – international legal standards – and are acts of a binding or recommendatory nature. From the point of view of the development and implementation of gender policy at the level of territorial communities in the conditions of postwar reconstruction, UN Security Council Resolution 1325 "Women. Peace. Security". The focus of the UN Security Council Resolution on the idea of implementing a gender approach at "all levels in operations to ensure peace and security", including at the level of local communities, is closely related to the concept of "localization". The term "localization of Resolution 1325" was introduced 14 years ago by the Global Network of Women Peacebuilders and is a confirmation of the potential of the direct impact of this international act on gender policy at the level of territorial communities. Unfortunately, this tool (local action plans) for the implementation of gender policy is rarely used and implemented in Ukraine today. Although they have significant potential in achieving gender equality at the level of territorial communities in the conditions of post-war recovery. Ukraine's accession to the international Biarritz Partnership also improved the environment for the implementation of a gender approach in management at the level of territorial communities and created the conditions for a potential increase in revenues to local budgets in the long term (involvement of women in economic activity, reduction of the wage gap between women and men, reducing the consequences of gender-based violence, increasing the life expectancy of men and establishing contacts with children through the opportunity to go on maternity leave, creating dadhubs, inclusive public spaces in communities, etc.). In June 2022, after a long-term advocacy campaign of the Ukrainian feminist human rights movement in partnership with the Equal Opportunities MFI, the VRU ratified the Council of Europe Concept on preventing violence against women and domestic violence and combating these phenomena, which strengthened not only national gender legislation, and gender policy at the local level. The European Charter of Equality of Women and Men in the Life of Local Communities provides for inter-municipal partnership of communities in the direction of achieving gender equality. For Ukraine, as a state that has acquired the status of a candidate for the EU, the synchronization of national legislation in the field of gender equality is important. Conclusions . International legal acts, which are a consequence of legal globalization, have an indirect effect on the development of gender policy at the level of territorial communities in Ukraine. They include international treaty acts on gender equality as a component of human rights and fundamental freedoms. Policies and documents adopted by EU government structures, international representatives of civil society are not normative in nature and do not relate to international legislation, however, they are frameworks for the formation of national legislation at the local level.

SOCIAL AND EDUCATIONAL INCLUSION OF CHILDREN WITH DISABILITIES AS A HUMAN RIGHT

The article analyses education and inclusive education from human rights and human rights-based approach perspective. The analysis of the international legal framework in the field of human rights highlights the interrelatedness of international treaties, and that the education was recognized as a human right attributed without discrimination for all, including for children with disabilities, 75 years ago when “Universal Declaration for Human Rights” was adopted. The Declaration highlights the equality in rights for all persons, including persons with disabilities. Education is a right and not a privilege, thus the state has the obligation of respect, protection and fulfilment of the right to education in a mainstream and inclusive environment. The article is developed by the author based on the analysis of international legal framework in the field.

Pros and Cons of the EU–Turkey Refugee Deal and Why the Cons Prevail

The ‘EU–Turkey deal’ is a catchy nickname of the official document the ‘EU–Turkey Statement’; a result of meetings between EU and Turkey leaders. Although the EU–Turkey deal served as a basis for actions taken in relation to migration both on the side of the EU with its member states and on the side of Turkey, its legal nature remains questionable. Accusations emerged that the EU–Turkey deal resulted in the EU states’ failure to comply with the obligations in the field of human rights, particularly the rights of refugees. Yet, according to the judicial review, the individual member states are the ones responsible for implementing the EU–Turkey deal. The purpose of this article is to examine migration-related issues of the EU–Turkey deal. As the EU–Turkey Statement deals mainly with the status of Syrian refugees, legal implications of their status after the deal are one of the main subjects of this research. This article focuses primarily on the deal’s legal effects and its predominantly negative effects.

ASEAN competence in the field of human rights

The article is devoted to consideration of the competence of ASEAN in the field of human rights. Human rights are universal values agreed by the countries of the world. The main pillars of the international system of promotion and protection of human rights are regional mechanisms for the protection of human rights. The most prominent subregional organization in the Asia-Pacific region in terms of recent human rights developments is ASEAN. ASEAN is an international intergovernmental subregional organization of countries located in Southeast Asia. The ASEAN Charter enshrined human rights as a fundamental principle of ASEAN and created a mechanism to promote and protect the human rights and fundamental freedoms of ASEAN citizens. Respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice are among the general principles binding on member states. To ensure the implementation of the provisions of the Charter in the aspect of human rights protection, the ASEAN Intergovernmental Commission on Human Rights was established, which later adopted the ASEAN Declaration of Human Rights. But despite quite significant progress in the aspect of legal support of ASEAN's competence in the field of human rights, practical problems still exist today. In particular, one of the problematic issues that still exists within the Association is the provision of human rights in the region. After all, guided by the principle of non-interference in the internal affairs of states, ASEAN does not pay attention to events related to the violation of human rights in the territories of its member states. In addition, ASEAN does not have judicial bodies to consider cases of human rights violations by member countries, as European countries do. The ASEAN Commission itself does not have the authority to make binding decisions, consider cases or conduct investigative visits. The absence of such functions and the absence of mandatory requirements regarding the independence and experience of AICHR members lead to debate. At the same time, the provision concerning the scope of powers to make decisions only by consensus is subject to the most criticism. After all, every state can reject any criticism of its human rights by way of veto.

A critical assessment of the right-based approach

The fields of human rights and development have a long tradition dating back to the World War II period, and their articulation is part of a dynamic process in the relations between states and between states and citizens, being the Rights-Based Approach (RBA) , a proposal to manage this articulation. But after 30 years of the emergence of the approach, what are the contributions and limitations of its applicability today? Through a literature review, the essay discusses the context in which RBA emerges, its core components, and the approach viability. In the conclusion, recognising the political component as the core component of the RBA, the essay highlights how despite an adverse context, the approach can generate contributions at the national level to advance the enjoyment of the Right to development.

The Right to Life. Legal Status of the Human Embryo

This paper aims to review the controversial issues in the field of human rights: the status of the human embryo. Since the moment the creation of human embryos in laboratory condition became available, ethical questions continued to arise and emphasize it’s irascible status. During pregnancy the embryo is part of another human being’s body lacking a legal status distinct from that of his mother’s. Defining the right to life and its prime beneficiaries is an important step in gaining a unitary position on a special status of the human embryo. This special legal status derives from the embryo’s recognized potential to become a human being.

ASEAN’in İnsan Hakları Perspektifinin Dönüşen Niteliği: Vizyon ve Uygulama

The matter of human rights was not a priority topic in the Association of Southeast Asian Nations (ASEAN) regionalism in the 20th century. However, human rights have become an important issue of cooperation in the ASEAN regionalism in the 21st century. From this point of view, this article analyzes the motivations that guide ASEAN cooperation regarding human rights, the historical development of the cooperation process and the problems faced by cooperation in the field of human rights in practice. The article’s main argument is that while ASEAN has strengthened collaboration in human rights in theory in the 21st century, it has not developed a similar behavior in practice, and there is an imbalance between the theory and practice in cooperation concerning human rights. This study shows that ASEAN’s traditional method of collaboration based on consensus-based decision-making and non-binding institutions has caused to a decrease in the effectiveness of cooperation over human rights and means that ASEAN is unable to reply effectively to human rights violations.

The impact of the relocation of enterprises in Ukraine and abroad on the realization of socio-economic, cultural and labour rights

The relevance of the article is determined by the fact that the consequences of the relocation of the company (enterprise) in Ukraine affect the realization of human rights and the activity of the enterprise as a whole. The purpose of the article is to study the current state of legal regulation of enterprise relocation, human rights (employee, family members, etc.). One of the main methodological techniques of research is a comparative approach. The legislation of different countries of the world, which regulates the issue of company relocation, is analysed in a comparative legal direction. The relationship between the norms of international law and the legislation of Ukraine regarding the implementation of international principles of human rights, enshrined in international legal acts, into the legal system of Ukraine, in particular regarding the relocation of the enterprise, was revealed. The practice was studied and the consequences of the relocation of the enterprise were revealed. The advantages and disadvantages of enterprise relocation are considered. Special attention is paid to the psychological consequences of the relocation of enterprises in Ukraine and abroad. The peculiarities of the impact of the relocation of enterprises on socio-economic, labour, and cultural aspects have been determined. It is noted that the value idea of “preserving their rights” is the foundation of the observance of human rights. It is emphasized that the implementation of outlined human rights must be considered in the process of strategic relocation planning. The practical significance of the study is that the conclusions and proposals formulated in the scientific article will contribute to the improvement of the mechanism of human rights protection due to the consequences of the relocation of the enterprise, the need to consider the needs of vulnerable segments of the population – employees of pre-retirement age, disabled people, children of employees. The generalization of the results of the work is designed to improve Ukrainian legislation in the field of human rights, as well as to implement into Ukrainian practice foreign norms and standards for the protection of human rights, such as socio-economic, cultural, and labour rights

Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”

The relevance of the study is conditioned by the lack of scientific consensus on the legal content and possible ways to implement social and economic human rights and the intensification of discussions around them in scientific and public discourse. The purpose of the study is a historical and legal analysis of the process of development of international legal standards in the field of economic and social human rights, options for their rationing in the text of international treaties that were developed based on the results of discussions in the late 1940s-early 1950s. The study involved archival materials of meetings of the Third Committee of the UN General Assembly and the Commission on Human Rights, which was based on the use of a set of methods of qualitative and quantitative analysis, synthesis, and a comparative legal method. The conducted research gave grounds to come to several reasoned conclusions. On the one hand, the analysis of individual papers and fairly broad scientific discussions helped to identify several main conceptual approaches to understanding the processes of developing and consolidating the most important legal norms that are aimed at regulating the sphere of economic and social human rights at the international level. On the other hand, based on a study of the protocols of meetings of both the Third Committee of the UN General Assembly and the Commission on Human Rights, it was established that the process of developing and adopting framework international covenants, which aimed to consolidate fundamental, legally binding norms of law, went through different stages and covered different conceptual approaches of participants in this process. Given the analysis of modern studies on the subject matter, the prerequisites and components of the process of development of international legal standards in the field of economic and social human rights which regulate it to this day were identified. The findings are of value primarily for other scientific developments devoted to the field of human rights, but they can also be applied in the process of law-making in accordance with the field of law

Legal procedure and human rights

The problem of modern law is the well-founded establishment of legal procedures in the field of human rights and their adequate legal regulation. Unreasonable complication of procedures, lack of clarity of their regulation in the law leads to weakening of opportunities for the realization of human rights and negatively affects the legal protection of a person in society. Procedures for the realization of individual human rights in a democratic society can become complex in favor of public safety, ensuring and protecting the rights and freedoms of other citizens. In particular, political rights and freedoms are important for individuals and for society as a whole, require taking into account the interests of various subjects and emphasize the need to coordinate these interests to prevent possible negative political consequences and violations of the rights and freedoms of other citizens. Human rights are directly related to the interests of both an individual and many other subjects. Therefore, there is a need for a comprehensive combination and coordination of various interests, since a different level of legal awareness and responsibility of an individual can cause adverse consequences, harm the rights and freedoms of other citizens. Therefore, human rights require a special implementation mechanism, which includes various types of implementation procedures (initiative, procedural and legal), and even special law-enforcement procedures (state registration procedure, permit-licensing procedure, representative procedure, and others), which increase and help ensure efficiency and the legality of the process of their implementation. Legal procedures for the realization of human rights in a democratic society must meet a number of requirements: be socially justified and comply with the principles of democracy and the supremacy of human rights; be sufficient and understandable for the subject; to be fixed at the level of law and to contain a minimum of restrictive and blanket norms that generate unnecessary by-law rule-making; not to create artificial obstacles to the exercise of rights during implementation; correspond to the content of the rights for which they are established; to be provided legally, organizationally, materially.

ACESSIBILIDADE E JUSTIÇA NA EDUCAÇÃO SUPERIOR DOS ESTUDANTES COM DEFICIÊNCIA VISUAL

This article aims to portray relevant aspects about the access of visually impaired students to Higher Education. Whether they enjoy the conditions that can ensure access to the curriculum, with emphasis on the field of Human Rights, in correlation with Just School, the International Convention on the Rights of Persons with Disabilities and its Optional Protocol. The methodology is research of a qualitative nature, based on documents, literature and fieldwork with interviews. The production is based on aspects of distributive justice and equalization of opportunities. In the results, the article reveals the current challenge regarding compliance with legislation, the decline in the use of the Braille System and the expansion in the use of IT; results identified based on interviews with six students with visual impairment, from public and private universities, located in the State of Mato Grosso do Sul. This work is part of the thesis defended in 2021: Access of visually impaired students to the curriculum at universities from the perspective of fair school.