The importance of Human Rights in the universal pandemic moments: There is a relationship between the Charter of Fundamental Rights of the European Union and the International Tax Law? – Education study (original) (raw)
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Global Journal of Sociology: Current Issues, 2021
The unexpected pandemic 2020 context brings to humanity the effective relevance to the minimum existential, to the human rights, more than the discourse, but the real need of the protection from the main legal instruments. The paper proposes and discusses the connection with the need for tax collection by the states to meet the expenses of the social state, namely for education expenses, and whether the economic limitation caused by the current pandemic in face of the sharp decline in GDP and which has necessarily associated with a large decrease in the collection of tax revenues, which may compromise the right to education. From the findings of the study, concerning the new technologies and their dependence, the actual context shows that it is not an option but an effective need for everyone, so the states and the international community have the obligation to generate conditions of the best access and should promote the pedagogical need in this subject.
Juridical Tribune – Tribuna Juridica Journal, 2021
The Pandemic 2020, unexpected, affected the Human Rights politicization in Europe within different dimensions. The undoubtable relevance to the minimum existential, more than the discourse, the main legal instruments, avoiding the negative politicization disruption. This research was based on the Education and the Protection of Property. So, the main question supported this study was in the global pandemic moment, considering its broad implications in the social, economic and political domain, came to call into question the right to universal education, and tend to be free, due to the lack of financial resources from the Social State? We propose to debate connects with the need for tax collection to meet the expenses of the Social State, namely for the Education expenses and whether the economic limitation caused by the current pandemic in the face of the GDP sharp decline, has been associated with a large decrease in the collection of tax revenues. In order to achieve the conclusions proposed, in addition to evidently study the various generations of Human Rights, the politicization, we have to study the different instruments of international tax law and the action of the European Court of Human Rights for its effectiveness.
Obligations Under International Human Rights Law to Resource Public Education Through Tax
NORRAG Special Issue 05 - Domestic Financing: Tax and Education, 2020
This article provides an overview of the obligation to devote the maximum of available resources for the realisation of the right to education. It draws on the Abidjan Principles to show that states must prioritise free, public, quality education in allocating available resources, and argues more guidance is needed for states on how to design and implement fiscal policies to ensure the right to education. See pp.23-26.
A trend has emerged of not defining education as a “human right” anymore, but of rather calling it a “human need”. This has paved the way for an ever increasing commercialisation of education, excluding the poor from access to education. A problem at a different level is that states often do not know what is expected of them when realising the right to education as protected by international law. This relates to the complex nature of this right, which is simultaneously a civil and political and an economic, social and cultural right. This book seeks to affirm education as a “human right” and to describe the various state duties flowing from the right to education. It refers to the provisions on the right to education found in instruments of international law and systematically analyses article 13 of the International Covenant on Economic, Social and Cultural Rights. The book is of interest to students, teachers, researchers, legal practitioners and state and international officials dealing with international human rights law.
REAPPRAISING THE CORE LEGAL INSTRUMENTS PROTECTING THE RIGHT TO EDUCATION UNDER INTERNATIONAL LAW
Unizik Law Journal, Vol.19,Issue 1,, 2023
Education, throughout man's history, has been considered and regarded as both an end itself as well as a means for the full growth of the society and individuals. The acknowledgement and/or recognition of education as a human right emanated from its invaluableness and indispensability to the preservation and enhancement of the inherent dignity of the human person. Although education as a human right was historically first laid down in 1948 in article 26 of the Universal Declaration of Human Rights (UDHR), the condition and situation of education in many States honestly leaves much to be desired. This has made one to keep wondering whether this said right to education has any adequate protection in the corpus of international law. This Article sought to critically examine the right to education as enshrined in the different international legal instruments both at the regional and international levels. The study x-rays the legal obligations of States towards actualizing the right to education. It is argued among other things that it is not just enough for States to be signatories to the legal instruments protecting right to education but should transform the respective core legal instruments to their respective legal order to ensure that the right is realized and actualized.
2021
The purpose of this study was to analyze access to the paradigm shift in the right to education during the pandemic for students from the perspective of human rights. This study uses a type of juridical-normative research. The primary legal sources used in this research are the 1945 Constitution of the Republic of Indonesia, Law No. 20 of 2003 concerning the National Education System, the 1948 Universal Declaration of Human Rights, and the International Covenant on Economic, Social and Cultural Rights. The types of legal sources used in this study are primary and secondary sources of law. Based on the analysis of legal sources, it can be concluded that the implementation of education is a right to education protected by the 1945 Constitution of the Republic of Indonesia and confirmed by the Human Rights Act. Understanding the right to education is more broadly understood as obtaining educational services in various forms/methods of online learning. Learning to use internet media als...
Fulfilling the Right of Education during Covid19 Pandemic Period: A Comparative Study
Jambura Law Review, 2022
The right of education for citizens has been fulfilled diversely following the government policies. This study aimed to emphasize the importance of the education right and the imposition of criminal sanctions in order to protect the right of education during the Covid-19 Pandemic particularly in Indonesia, Japan and Australia. Normative juridical research methods described that government policies as outlined in the legislation constantly followed by criminal sanctions. The concept of education right was understood in a different way during the Covid-19 pandemic, as one of the derogable-right or adapted human right. For its fulfillment, some education right uses criminal sanctions as a primum remidium, an ultimum remidium, or does not impose criminal sanctions at all. The right of education still reman as a very important human right even during the pandemic period
The New Educational Review, 2020
Th e main aim of this paper is to raise refl ection on the conditions of respect for the right to education in the unexpected, pandemic time and aft er. Th e right to education is presented as the main agent of personal and social well-being, respect for human dignity, and the power of changing the world. Th e main question that organizes the structure of this paper concerns the conditions of respecting the right to education in Poland during remote education forced by a pandemic. Attention is focused on conditions, such as the place of living, possibilities for parents with diff erent levels of education to support students, and access to broadband Internet. Th e discussion highlights the role of imagination as a factor of change in education and ways of respect for the right to education.
The Right to Education and Human Rights Education within the EU
2018
Impacts of EU law on national legislation Conference proceedings of the "Days of EU Law" international scientific conference held in Győr, November 2017. Az uniós jog hatása a nemzeti szabályozásra A 2017. novemberében Győrben tartott " EU Jogi Napok" c. nemzetközi tudományos konferencia közleményei Bilingual edition / Kétnyelvű kiadás Széchenyi István Egyetem, Deák Ferenc Állam-és Jogtudományi Kar Nemzetközi Köz-és Magánjogi Tanszék Győr, 2018.