NERA 2011 Congress ‘Rights and Education’Human Rights in Education: Which Rights For Whom and To What End?

Marie-Bénédicte Dembour

University of Sussex10 March 2011

Human rights in education

• Sounds good

• But what does it mean?

Some ECHR case law

• The Belgian Linguistic Case• Kjeldsen and Others v. Denmark• Campbell and Cosans v UK• Maybe: Leyla Sahin v. Turkey• Maybe: DH and Others v. Czech Republic• NOT: Osman v UK• NOT: T. v. United Kingdom• NOT: Muskhadzhiyeva v Belgium

Some personal experiences

• Luqma from Nigeria

• Statute V and ‘Sussex Six’

• Statute XXI

• http://www.ipetitions.com/petition/sos21/

Some personal and general questions

• What to put in the curriculum?

• What are human rights?

NATURAL SCHOOL

NATURAL SCHOOL

• HR conceived as• Consist in• Are for

• Embodied in law? • HR law since 1948• Are based on • Are realizable?• Are universal?

a givenentitlementsevery single human

being

Yesis a progressNature/God/ReasonYes, definitelyYes, definitely

PROTEST SCHOOL

Protest School

• HR conceived as• Consist in• Are for

• Embodied in law? • HR law since 1948• Are based on • Are realizable?• Are universal?

fought forClaims/aspirationsfirst and foremost

those who suffer

beware of betrayal miragesocial strugglesno, perpetual strugglelike suffering is

DELIBERATIVE SCHOOL

Deliberative School

• HR conceived as• Consist in• Are for

• Embodied in law? • HR law since 1948• Are based on • Are realizable?• Are universal?

agreed uponprinciplesrunning the polity

fairlyexist only through lawprogressconsensusthrough good processpotentially

DISCOURSE SCHOOL

Discourse School

• HR conceived as• Consist in• Are for

• Embodied in law? • HR law since 1948• Are based on • Are realizable?• Are universal?

talked about/consumed

whatever

should be, but are not, for those who suffer

say so, but …

not progress

language

no, they are a failure

no, that’s a pretence

Alternative reading of the model

• Time 1: belief in universal norms

Time 2: outrage at oppression

Time 3: agreement on express norms

Time 4: disappointment at their limitations

• These moments do not happen chronologically but ‘together’

Which rights?

• Take your pick

For whom?

Not clear!

To what end?

• That is the BIG question, and this is why law cannot replace politics

Back to my personal experience

• Luqma

• ‘Sussex Six’

• http://www.ipetitions.com/petition/sos21/

‘Academic freedom is a fundamental right, and contributes to the health of the community’

And now to your understanding of human rights

Thank you!