Right To Education Is Which Type Of Right?
The right to education The right to education is a fundamental human right.61 million children do not have access to basic education and 758 million adults in the world are illiterate because they have never got any education, according to the 2016 Global Education Monitoring Report.
- The right to education is a fundamental human right.
- Every individual, irrespective of race, gender, nationality, ethnic or social origin, religion or political preference, age or disability, is entitled to a free elementary education.
- This right has been universally recognised since the and has since been enshrined in various international conventions, national constitutions and development plans.
The Universal Declaration of Human Rights does not only state the right to access education, but also of the quality of education: «. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.
More on the topic
- 0.1 What kind of right is right to education in India?
- 0.2 Is education a fundamental right in India?
- 0.3 Why is education a basic human right?
- 0.4 Is education a human right or civil right?
- 1 Is education a concurrent list?
- 2 Why is education included in concurrent list?
- 3 What are the 5 basic human rights?
- 4 When was education a human right?
- 5 Is education a civil or social right?
- 6 Is education an economic and social right?
- 7 Is education a social or economic right?
- 8 Is education in Union or state list?
What is right education type?
International legal basis – Convention on the Rights of Persons with Disabilities states parties states that have signed, but not ratified states that have not signed The right to education is reflected in article 26 of the Universal Declaration of Human Rights, which states: “Everyone has the right to education.
- Education shall be free, at least in the elementary and fundamental stages.
- Elementary education shall be compulsory.
- Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
- Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.
It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. Parents have a prior right to choose the kind of education that shall be given to their children.” The right to education has been reaffirmed in the 1960 UNESCO Convention against Discrimination in Education, the 1966 International Covenant on Economic, Social and Cultural Rights, the 1981 Convention on the Elimination of All Forms of Discrimination Against Women, the 1989 Convention on the Rights of the Child, and the 2006 Convention on the Rights of Persons with Disabilities,
In Africa, both the 1981 the African Charter on Human and Peoples’ Rights and the 1990 African Charter on the Rights and Welfare of the Child recognize the right to education. In, Article 2 of the first Protocol of 20 March 1952 to the European Convention on Human Rights states that the right to education is recognized as a human right and is understood to establish an entitlement to education.
According to the International Covenant on Economic, Social and Cultural Rights, the right to education includes the right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all in particular by the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education in particular by the progressive introduction of free higher education.
- The right to education also includes a responsibility to provide basic education for individuals who have not completed primary education.
- In addition to these access to education provisions, the right to education encompasses also the obligation to eliminate discrimination at all levels of the educational system, to set minimum standards, and to improve quality.
The European Court of Human Rights in Strasbourg has applied this norm for example in the Belgian linguistic case, Article 10 of the European Social Charter guarantees the right to vocational education, According to Indian constitution under 86th Amendment act 2002, There is right to free and compulsory education up to 6–14 years of age.
- It has been argued that “International law provides no effective protection of the right to pre-primary education.” Just two global treaties explicitly reference education prior to primary school.
- The Convention on the Elimination of All Forms of Discrimination against Women requires states to ensure equality for girls “in pre-school.” And in the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, states agree that access to “public pre-school educational institutions” shall not be denied due to the parents’ or child’s “irregular situation with respect to stay.” Less explicitly, the Convention on the Rights of Persons with Disabilities requires that “States Parties shall ensure an inclusive education system at all levels.” In 2022, Human Rights Watch adopted a policy calling on states to make at least one year of free and compulsory, inclusive, quality pre-primary education available and accessible for all children.
In doing so they advocated making one year of pre-primary education to be included as part of the minimum core of the right to education. They further called on all states to adopt a detailed plan of action for the progressive implementation of further years of pre-primary education, within a reasonable number of years to be fixed in the plan.
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What kind of right is right to education in India?
Departmen of School Education & Literacy The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.
Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.
The RTE Act provides for the:
Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.
: Departmen of School Education & Literacy
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Is education a fundamental right in India?
As per the RTE Act and Article 21 A of the Indian constitution Education up to 14 years is a fundamental right and it should be free and compulsory.
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Why is education a basic human right?
Why is the right to education fundamental? Both individuals and society benefit from the right to education. It is fundamental for human, social, and economic development and a key element to achieving lasting peace and sustainable development.
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Is education a human right or civil right?
As defined by General Comment No.13 of the United Nations Committee on Economic, Social and Cultural Rights, the body in charge of monitoring the implementation of the International Covenant on Economic, Social and Cultural Rights in the States which are party to it: “Education is both a human right in itself and an indispensable means of realizing other human rights.
As an empowerment right, education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities. Education has a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth.
Increasingly, education is recognized as one of the best financial investments States can make. But the importance of education is not just practical: a well-educated, enlightened and active mind, able to wander freely and widely, is one of the joys and rewards of human existence.” According to the Committee on Economic, Social and Cultural Rights, education in all its forms and at all levels shall exhibit the following interrelated and essential features: availability, accessibility, acceptability, adaptability.
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Is education a concurrent list?
Transferred Subjects – Through the 42nd Amendment Act of 1976 Five subjects were transferred from State to Concurrent List. They are:
- Weights & Measures
- Protection of Wild Animals and Birds
- Administration of Justice
Is right to education a political right?
Right to Education Act – The Act is completely titled “the Right of Children to Free and Compulsory Education Act”, It was passed by the Parliament in August 2009. When the Act came into force in 2010, India became one among 135 countries where education is a fundamental right of every child.
The 86th Constitutional Amendment (2002) inserted Article 21A in the which states:
“The State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State, may by law determine.”
As per this, the right to education was made a and removed from the list of Directive Principles of State Policy. The RTE is the consequential legislation envisaged under the 86th Amendment. The article incorporates the word “free” in its title. What it means is that no child (other than those admitted by his/her parents in a school not supported by the government) is liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. This Act makes it obligatory on the part of the government to ensure admission, attendance and completion of elementary education by all children falling in the age bracket six to fourteen years. Essentially, this Act ensures free elementary education to all children in the economically weaker sections of society.
A few important articles that a candidate must read to cover the notes on the topic, ‘Education,’ comprehensively are linked below:
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Is the right to education an absolute right?
Right to Education Act in conflict with Fundamental Rights India became one of 135 countries to make education a fundamental right of every child, when the Parliament passed the 86th Constitutional amendment in 2002. Eight years after the Constitution was amended to make education a fundamental right, the government implemented a historic law to provide free and compulsory education to all children in age group of 6-14 years.
- The Right of Children to Free and Compulsory Education Ac t, a law to enable the implementation of the fundamental right, was passed by Parliament last year.
- The Act makes it a right of every child to get education.
- The Act makes it obligatory for the appropriate governments to ensure that every child gets free elementary education.
According to this act every school shall conform to certain minimum standards defined in the Act. Government schools shall provide free education to all admitted children. Private schools shall admit at least 25% of children from weaker sections; no fee shall be charged to these children.
Screening tests at the time of admission and capitation fees are prohibited for all children. No doubt the legislation is the most important tool to literate the young India and enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India and secure a strong and prosperous future.
But the question that needs to be addressed in the present scenario is how far these provisions intrude the rights of the private educational institutions and more importantly the minority education institutions. Section 3 of the Act imposed an absolute mandate upon all schools including private unaided and minority institutions to admit without any choice each and every child whosoever comes to take admission in the said schools in the neighborhood.
- Provisions of the Act violates the rights of private educational institutions under Article 19(1)(g) which provides maximum autonomy to private managements to run their institutions without any interference from the government.
- The 11-judge Constitution Bench of Supreme Court in the TMA Pai held that maximum autonomy should be provided to private educational institutions.
Therefore requiring the private educational institutions to conform the provisions of Act would greatly minimize the autonomy henceforth violating there right under Art.19(1)(g). Article 21(A) lays down the obligation to provide free and mandatory education to every child, only on the state not on the private organisations.
But the Supreme Court while hearing a batch of petitions filed by different associations of private and un-aided schools challenging the constitutional validity of the Right of Children to Free and Compulsory Education Act or Right to Education (RTE) Act 2009 observed that â€œThe Right to Education Act is one of the means to identify a priority group and to help them.
If the state is under obligation to do (provide education) it, then it can ask private schools to do it as well,â€ No doubt the private educational institutions also have social duty to provide education for poor children. But making mandatory for private education institutions to provide free education and interfering in their administration would curtail their rights.
Until and unless these educational institutions are reimbursed the expenses incurred by the schools in providing 25% of the reservation and also providing some autonomy to these schools within the framework of the Act. Another aspect is with regard to the rights of the minority educational institutions provided under Art.29 and 30 of the Constitution.
Enforcing the right to education law in these minority institutions will be â€œunconstitutionalâ€, Under Article 30 of the Constitution, minorities are allowed to run and administer their own education institutions, without any government interference except in cases of alleged corruption.
- The autonomy of minority schools must be ensured.
- Articles 29 and 30 of the constitution provide the right to preserve distinct minority languages, scripts and cultures.
- It also grants minorities the right to establish and administer their own educational institutions.
- Section 12 (c) states that 25 per cent of the seats should be allotted for the backward communities, poor and the marginalized.
But the Supreme Court held in P.A. Inamdar Vs. State of Maharashtra that neither can the policy of reservation be enforced by the State nor any quota or percentage of admission be carved out to be appropriated by the State in a Minority Educational Institutions.
- The State cannot regulate and control the admissions in these institutions.
- A Section 21 of the RTE Act requires that 75 per cent of a schoolâ€™s management committee should consist of guardians or parents.
- This provisions if implemented, would violate the Constitution and the National Commission for Minority Educational Institution Guidelines.
In T.M.A. Pai case that Supreme Court held that the freedom to choose the persons to be nominated as members of the governing body has always been recognized as a vital facet of the right to administer the educational institution. It further states that the government or the statuary authorities cannot induct their nominees in the managing committees/governing body of minority educational institutions Therefore it clearly held that the Minority educational institutions have absolute right to administer their institutions.
- The Section that requires setting up of School Management Committees under the Right to Education Act will not apply to minority institutions as it canâ€™t override Article 30 of the Constitution.
- Conclusion No doubt the Right to education act is one of the landmark legislation in the Indian history to provide basic education to poor children and in turn secure a better future to Country.
But this cannot be done at cost of the Rights of minority education institutions which established under Article 30 of the Constitution. So there is a need to bring certain amendments in the act to exempt the minority educational institutions from the ambit of the Act.
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Is basic education a fundamental right?
The disposition of a noteworthy education-related court case has gone virtually unnoticed in the fog of the pandemic. In Gary B. v Snyder, a case concerning Detroit Public Schools (DPS), the question of whether education is a constitutional right, protected under the Fourteenth Amendment, was once again put to the test.
Fortunately, through a convoluted series of court decisions and legislative action, the answer is still no – there is no federally protected constitutional right to education, at least for now. However, as decisions played out in Gary B., that lawsuit is a cautionary tale that could lead to a change in the federal role in education, including here in Kansas, based potentially on the interpretation of a single judge.
Background There is not a single mention of education in the U.S. Constitution. The establishment of education is one of the powers reserved to the states under the Tenth Amendment, Education is not a constitutionally protected right. That is an assertion made by the U.S.
Supreme Court every time it has been challenged. The lineage begins with San Antonio Independent School District v. Rodriguez in 1973. The court opined that education “is not among the rights afforded explicit protection under our Federal Constitution.” Three other cases, all in the 1980s, affirmed that interpretation.
A lawsuit filed in 2016 by a group of seven DPS students, in what became the Gary B. case, sought to challenge precedent under the Due Process and Equal Protection clauses of the Fourteenth Amendment. The plaintiffs attended five of Detroit’s lowest-performing schools.
- The proficiency rates of students in these schools were near zero.
- In one of the schools, 100% of sixth-graders were non-proficient in both reading and math.
- The University of Michigan Law School summarized that plaintiffs “documented what it alleged to be pervasive conditions that denied children the opportunity to attain literacy, including lack of books, classrooms without teachers, insufficient desks, buildings plagued by vermin, unsafe facilities, and extreme temperatures.” What separates the Gary B.
case is that the plaintiffs sought redress from the federal court system, not the state. What they were really seeking was additional funding from the state to improve educational conditions including more money for full-time teachers, curriculum materials and building conditions.
- That these students were subjected to such deplorable conditions is patently unacceptable, but not surprising in the Detroit system.
- Corruption has been rampant in the DPS system for decades.
- The state took control of DPS two decades ago, but that didn’t solve the problems.
- While the plaintiffs were warehoused in squalor getting no education, several principals were taking millions in kickbacks.
Ultimately, a dozen were convicted on kickback schemes, Court decisions and the suit settlement. Two years after the suit was filed, a Federal District Court judge granted the defendant’s motion to dismiss the case. Judge Stephen Murphy agreed with the state that the Due Process clause of the Fourteenth Amendment “does not require a state to provide access to minimally adequate education.” The plaintiffs immediately appealed to the Sixth Circuit Court of Appeals.
- In what could have paved the way for epic changes in public education, the Sixth Circuit ignored Supreme Court precedent and ruled in favor of the students.
- In April of this year, a Court panel declared, in a 2-1 decision, that the Due Process clause of the U.S.
- Constitution can be applied to ensure students get at least a basic minimum education.
Specifically, the majority opinion states: “In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.” This decision, in the parlance of our times, is a game-changer. Simultaneously, while the appeals process was progressing, the State of Michigan was working out a monetary solution to the suit.
- A month after the Appeals Court decision, Governor Gretchen Whitmer* and the plaintiffs signed an agreement that settled the case.
- Basically, the state agreed to increase aid to DPS by $100 million.
- The individual plaintiffs also received a cash settlement to further their educations.
- Ultimately, the Fourteenth Amendment was used as a tool to get what all education lawsuits are about: more money.
The potential bombshell decision by an Appeals Court panel did not go unnoticed by the full 16-member Appeals Court. Because of the potential impact and the reversal of Supreme Court precedent, the full Circuit Court of Appeals voted to rehear the case.
The full Court vacated the 2-1 decision. Ultimately, having won additional money from the state, the plaintiffs moved to dismiss the case. On June 11 the Circuit Court of Appeals granted the dismissal. Judge Eric Murphy’s dissenting opinion is paramount in the big picture. Judge Eric Murphy’s 24-page dissent from the majority opinion in the three-judge panel decision is full of supporting precedent – and reason – as to why the U.S.
Constitution does not protect a right to education. He immediately cites Rodriguez in which the Supreme Court was clear that education “is not among the rights afforded explicit protection under our Federal Constitution.” He is clear in his opinion that “the importance of a service performed by the State does not determine whether it must be regarded as fundamental,”( emphasis added ) Judge Murphy makes a clear distinction between states interfering with fundamental rights and compelling states to provide funds they may need to exercise the rights.
That would change if education was subjected to substantive due process pursuant to the Fourteenth Amendment. Judge Murphy’s opinion can be viewed through the prism of how the Kansas Supreme Court has meddled in education, specifically in the Montoy and Gannon cases. Judge Murphy used the term “jumble” to describe how a right to a federal constitutional minimum education would interfere with the separation of powers.
Would the feds “compel the states to raise their taxes to generate the needed funds?How old may textbooks be before they become constitutionally outdated?Which HVAC systems must public systems use?” He could have just as appropriately added what the Kansas Supreme Court has used to overstep their authority in the Montoy and Gannon cases: conflating money and test scores,
It’s unfortunate the Kansas Supreme Court didn’t consider this quote from the Rodriguez case when ordering the Kansas legislature to drastically increase public school funding: “Our judicial commissions give us no special insights into these ‘difficult questions of educational policy.'” Amen to that.
Conclusion Legally, it’s as if the Appeals Court panel’s initial decision never happened. However, as the University of Michigan’s Law School states, even though the case “does not have precedential valuethe language of the opinion still exists for plaintiffs to potentially draw on in the future.” Does this mean that in the relatively near future the courts could change course and find that education is a federal constitutional right? Time will tell.
- It’s entirely within the scope of reason that there will be a slew of post-COVID-19 lawsuits if there is a lingering financial burden on states and localities, those entities that actually foot the bill for the vast majority of public education.
- If it is found that a basic education is protected under an interpretation of the Fourteenth Amendment, that would open the floodgates to federal intervention in public education.
You thought Common Core was bad? How about a nationwide uniform curriculum in, say, for example, American History? That’s not hard to imagine. You can bet if there is an administration friendly to teachers’ unions, like the NEA and AFT, school choice would be in the crosshairs.
- This is why Gary B.
- Is so significant.
- It serves as a reminder of just how close we could be to a federalized education system.
- Let’s hope the reasoned words of Judge Eric Murphy are heeded in future decisions.
- The case is commonly known as Gary B.v.
- Snyder because Rick Snyder was the governor of Michigan when the suit was filed.
Gretchen Whitmer replaced Snyder as governor in 2019 and the case is also known as Gary B.v. Whitmer,
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Why is education included in concurrent list?
Concurrent Status of Education – The Constitution of India offers educational functions at three stages
- Central or union list
- State list
- Concurrent list
Until 1976, education was a state subject with some provisions at the central level. The 42nd amendment, 1976, was a about major and important changes to the Indian constitution. It also affected the status of education by putting it on the concurrent list.
Making education a concurrent subject ensures that both the centre and state can legislate on any aspect of education from primary to the university level. In case of any dispute, legislation formed by the central government will have overriding authority. By having education in the concurrent list, centre can implement directly any policy decisions in the states.
So, concurrent status of education means that there is a partnership between State government and central government when it comes to Education policy making and implementation. This is a meaningful and yet a challenging task to accomplish.
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What are the 5 basic human rights?
What Are Human Rights? – Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.
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What are human rights examples?
What are Human Rights? – Every person has dignity and value. One of the ways that we recognise the fundamental worth of every person is by acknowledging and respecting their human rights. Human rights are a set of principles concerned with equality and fairness.
- They recognise our freedom to make choices about our lives and to develop our potential as human beings.
- They are about living a life free from fear, harassment or discrimination.
- Human rights can broadly be defined as a number of basic rights that people from around the world have agreed are essential.
These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the rights to health, education and an adequate standard of living. These human rights are the same for all people everywhere – men and women, young and old, rich and poor, regardless of our background, where we live, what we think or what we believe.
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When was education a human right?
Who is responsible for enforcing the right to education? – Governments must provide good quality education and make sure all children can access it, without discrimination. This is an international legal obligation and governments can be held accountable for failing to provide education for all its citizens.
Universal Declaration of Human Rights (1948) Convention Against Discrimination in Education (1960) International Covenant on Economic, Social and Cultural Rights (1966) Convention on the Elimination of All Forms of Discrimination against Women (1979) African Charter on Human and People’s Rights (1986) Convention on the Rights of the Child (1989) World Declaration on Education for All: Meeting Basic Learning Needs (1990) The Dakar Framework for Action: Education for All (2000) Convention on the Rights of Persons with Disabilities (2006) UN General Assembly Resolution on the Right to Education in Emergency Situations (2010)
Leaders across the political spectrum have framed education as a critical civil rights issue and confirmed the importance of equal educational opportunity.
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Economic, social and cultural rights (ESCR), such as the rights to adequate housing, water, education and work, are key components of international human rights law. These rights complement—and are indivisible from—rights that protect individuals from encroachments on their individual freedoms, known as civil and political rights.
Recognized by the International Covenant on Economic, Social and Cultural Rights and also by regional and national human rights laws, human rights advocates have called for the fulfillment of ESCR to address issues as diverse as poverty, inequality, development and the legacies of conflict. Staff in the International Human Rights Clinic have worked in close collaboration with non-profit organizations to seek protection of ESCR for years.
The Clinic has partnered with NGOs and universities on behalf of communities across the globe to protect and fulfill ESCR, as well as worked on policy recommendations, research, and advocacy on global and comparative ESCR issues. In South Africa, International Human Rights Clinic Co-Director Susan Farbstein has led clinical projects that focus on the rights to education, land, housing, food, and water, including a multi-year project seeking to address historical inequities in the education system even decades after the end of apartheid.
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Economic social and cultural rights (ESCR) include the rights to adequate food, to adequate housing, to education, to health, to social security, to take part in cultural life, to water and sanitation, and to work.
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Is education in Union or state list?
Education is part of which of the following?A.State ListB.Union ListC.Concurrent ListD.Residuary powers Answer Verified Hint: Unlike the British Parliament, the Indian Parliament does not have unlimited power to legislate. The Seventh Schedule (Articles 245-246) of the Indian Constitution provides that the Parliament can make laws for the whole or any part of India within its area of competence as defined under the distribution of legislative powers between the Union and States.
- The constitutional provisions on the subject of the distribution of legislative powers between the Union and States contain three lists: Union or Federal List, State List and Concurrent List.
- The Parliament has exclusive right to legislate on those items mentioned in the Union or Federal List and the state legislatures have the exclusive right to legislate on items in the State List.
Both the Parliament and state legislatures can legislate on items mentioned in the Concurrent List. Complete Step by Step answer: Option A: State List is incorrect. Earlier education was a subject in the State List but the 42nd Amendment to the Constitution in 1976 shifted it to the Concurrent List.
- Now, education is available to both the Parliament and state assemblies to legislate upon.
- Option B: Union List is incorrect.Option C: Concurrent List is correct.
- The 42nd Amendment to the Constitution moved education from the State List to the Concurrent List and thus both the Parliament and the state assemblies can legislate upon it.
Option D: Residuary powers are incorrect. Note: The Union List has 97 numbered topics, the State List has 66 numbered topics and the Concurrent List has 47 numbered topics. In the 42nd Constitutional Amendment of 1976, five topics were moved from the State List to the Concurrent List.
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What is known as Concurrent List?
What is concurrent list? Answer at BYJU’S IAS The concurrent list consists of subjects of common interest to both the Union and the States. Both the Parliament and the State Legislatures can make laws on the subjects included in this list. But in case of a conflict between the Union and the State law relating to the same subject, the Union law prevails over the State law. , : What is concurrent list? Answer at BYJU’S IAS
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What is education and its types?
Types of Education – Education goes past what takes place inside the four dividers of the homeroom. A youngster gets the education from his encounters outside the school just as from those inside based on these variables. There are three principal sorts of education, in particular, Formal, Informal, and Non-formal. Each Types of Education is explained below.
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What is right based quality education?
Rights-based Approach to Education Glossary Term A rights-based approach to education rests on the human rights principles of nondiscrimination and equality, accountability and transparency, participation, empowerment, and the right to education to guide and organize all aspects of learning, from policy to the classroom.
Duty-bearers, such as parents, teachers, education authorities and politicians are bound to meet their obligations and support children (as rights holders to claim their rights). For example, they have to ensure that the education they provide does not discriminate and is open to scrutiny of others, allowing the active participation of learners and other stakeholders.
Children and learners are entitled to know about their rights and the right to participate in all decisions that concern them, both directly and indirectly; children have a right to influence decision-making and achieve change. Teachers are key agents to transmit this knowledge to their students.
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