Various provisions in respect of educational and social rights of children Essay Example

Declaration XII, which was mentioned in the Jehova's Witnesses v. case.

According to the Commission's opinion, Argentina violated the right to education under Article XII when a decree banned all activities of the Jehovah's Witness religious order, thereby impacting approximately 300 primary school children. This action constituted a violation of the right to education. In the case of Maya Toledo v. Belize, the Commission held Belize responsible for violating Article XXIII and causing harm to the Mopan and Ke'kchi Maya people of the southern Toledo District.

According to the ruling, the state didn't adequately safeguard the Maya people's right to their territory by not implementing appropriate measures to limit, separate and title their land, and by not consulting them about resource extractions authorized by the state. This constituted a failure to secure their property rights. The San Salvador Protocol also requires states to adopt suitable measures to respect and uphold economic, social and cultural rights. The Protocol includes general obligation clauses, articulated in Articles 1, 2, and 3, which are applicable to all rights, such as work, satisfactory work conditions, social security, and health.

The San Salvador Protocol mandates states to implement necessary measures for the full realization of individual rights and ensure non-discrimination in their availability. These obligations correspond with those enforced by the Commission in addressing violations of rights outlined in the American Declaration and Articles 1 and 2.

States are required, in accordance with the American Convention, to guarantee fair and satisfactory working conditions and fully effective right to work through their internal legislation. The Convention outlines different obligations related to economic, social, and cultural rights under Civil and Political Rights (Article 1) and Economic,

Social and Cultural Rights (Article 2), which apply from Articles 3 to 26 inclusive. To meet these responsibilities, specific actions must be implemented by the States.

The American Convention outlines procedures and substantive rights for addressing complaints by the Inter-American Commission and Court of Human Rights concerning state parties. This may include enacting necessary legislative measures to uphold these rights and freedoms. However, for countries not included in the American Convention, the American Declaration serves as the primary instrument defining these rights.

According to the Convention, state agents should refrain from violating individual rights when there is no bureaucratic protection. Furthermore, concerned states must take legislative, judicial or executive measures to ensure that all citizens enjoy human rights. The state is responsible for investigating, preventing, punishing and remedying any infringement of Convention-designated rights by both state agents and private third parties. Failure to do so makes the State culpable.

Sometimes, the state needs to involve itself more extensively and go beyond simply preventing and responding adequately to human rights requirements such as the provision of court services, housing, education, and more. This is especially true for criminals, institutionalized persons, and vulnerable segments of society who rely heavily on the state for their needs and rights enforcement. In addition, inter-American organizations strictly enforce the positive duties outlined in Article 2, particularly in regards to healthcare, education, housing, and other essentials. The government of Abandon implemented Law 1004 in 1998 for the education sector to comply with the International Monetary Fund's rationalization procedure for low-interest loans. However, this resulted in a significant reduction in education spending due to school closures and the elimination of stacked school days with double

shifts, leading to overcrowding in schools.

Due to the passing of Law 1004, the funding pattern for schools based on their actual requirements was modified to be based on municipality data regarding births. Consequently, schools situated in low population density areas were closed and merged with schools in higher population density areas, resulting in a decline in school attendance rates and an increase in educational expenses for families who no longer lived near their schools, prompting travel costs. The impact of these changes was particularly severe on municipalities such as Sierra Morena, located in the district of Kobo Hidalgo.

The majority of the population in this primarily rural location is scattered throughout. The Popchak people make up the main residents, having been relocated due to the civil wars in the country. Their main means of supporting themselves involves farming, fishing, and taking up seasonal work in mines located to the southern areas. The closure of all local schools in the region under Law 1004 meant students were forced to attend the one school located in the district headquarters.

The implementation of a standardized school curriculum led to neglect of the special needs of culturally diverse students. Additionally, the new system mandated Bible classes as part of a religious curriculum. Furthermore, Law 1004 prohibited the teaching of sexual and reproductive health education, resulting in pregnant girls being denied entry to schools.

The educational crisis in the Sierra Municipality is caused by various factors, including a low number of birth registrations. This issue arises due to home births, bureaucratic difficulties with registering births, and children being registered far from their school location because of the scattered population. Consequently,

many students must stay away from home for the entire week due to inadequate transportation options and high transportation costs. There are cases where children have to travel by canoe to reach their schools which can be dangerous especially during floods resulting in fatalities.

Despite being aware of the issue, Law 1004 fails to consider that children often assist adults in harvesting, causing school closures and reducing attendance rates. Additionally, rising education costs have led many parents to set up community schools in inadequate outdoor structures. The government's lack of action has resulted in legal action from three groups, including indigenous parents from Popchak.

Five children drowned in March 2003 when a canoe carrying them to school overturned. The parents of the community took legal action against the local and state governments, seeking the establishment of a properly equipped and structured school for all children. They claimed that constitutional rights were violated, including those related to life, education, discrimination-free environment, and indigenous people's rights. Sadly, no court decision has been made regarding this unresolved case.

Even though there have been fatalities, the court has opted for silence. However, the parents can seek justice from Human Rights Courts as their rights guaranteed by the constitution have been breached by the state. The Inter-American Commission on Human Rights endorsed the American Declaration on Indigenous People's Rights on February 26, 1997, which acknowledges that these persons are entitled to all human rights and safeguarding from enforced assimilation and unfair treatment.

It is the right of indigenous people to preserve their cultural integrity, which includes their beliefs, languages, and traditions. The government has a responsibility to provide education and protect the environment for

these communities. In addition, they should have political rights such as the freedom to assemble and express themselves verbally and intellectually, as well as the ability to govern themselves.

Following her pregnancy, which she claimed was a result of her teacher's actions, a thirteen-year-old girl was suspended from school by the administration. The parents objected to the teacher remaining employed despite their complaints. However, the court denied their plea to have the student reinstated and the teacher terminated due to insufficient evidence regarding paternity and apprehension over setting an example for other girls to imitate.

In May 2006, the highest courts in Abandon confirmed a decision that struck down the petitioner. Although the Court determined that paternity could not be ascertained, advances in medical technology allow for clear establishment through a DNA test. To pursue this issue, the parents may approach the Inter American Court of Human Rights under the American Convention on Human Rights and appeal based on sex discrimination, as the man who impregnated a minor girl with gifts of books and a chair was not punished. Additional respondents include the school authorities who allowed this immoral teacher to continue teaching, thereby putting other girls at risk.

Starting on February 6th, 2003, a nearby NGO in Abandon began their third endeavor to safeguard the schooling rights of kids and revoke Law 1004. The legal process held in Kobo Hidalgo was authorized and mandated the government to change challenged legislation while ensuring education rights. Despite this decision, the government has disregarded the court's directive. If necessary, the NGO can take legal action against the state for failing to comply with judicial orders or request assistance

from the Inter American Commission on Human Rights.

To seek redress from the Inter American Court of Human Rights under the framework of the American Convention on Human Rights, an individual recognized in at least one member state of the Organization of American States (OAS) can present a petition if a case is eligible for court action by the Inter American Commission on Human Rights. Articles 44-47 of the Convention and Articles 26 and 32-41 of the Regulations outlined by the Commission establish admissibility criteria that must be satisfied when presenting a petition. Petitions may be submitted by either a victim or third party and should contain information about petitioner(s), subject matter, and procedural status.

There are two types of petitions that address human rights violations: general and collective. A general petition is necessary when the violation affects multiple groups or incidents, while a collective petition applies to specific practices with several victims. Both types require the petitioner to provide their name, nationality, occupation, postal address, and signature. If an NGO is involved, its legal address and representative's signature must also be included. To be accepted by the Commission, the petitioner must demonstrate that all domestic legal actions have been exhausted. Alternatively, if this requirement has not been met, the government may be asked to prove it.

If, during legal proceedings, it is proven by the state that the petitioner still has access to domestic legal solutions, then the petitioner must demonstrate a lack of access to these solutions, delayed judgment, absence of proper legal representation or inadequate protection of their rights by existing domestic laws. Should all domestic remedies be exhausted, the petition should be submitted to

the Commission within six months of the final domestic decision or within a reasonable time frame after the event leading to the complaint. Extensions are permitted if state interference occurred but the petition must still be submitted in a reasonable amount of time. If submitted by third parties, it is also necessary for petitions to be submitted within a reasonable amount of time.

The state of Abandon has committed severe violations of human rights, including disregarding the right to life under Article 4 and the right to education for all under Article 26 of the American Convention. The state also neglected the right to non-discrimination and violated Article 19 by failing to provide protection for minor children from their family, society, and state due to a concupiscent teacher. These violations necessitate attention from a court of human rights as justice was not served by state courts.

Furthermore, there has been a flagrant disregard for the constitutional safeguards concerning the rights of indigenous individuals. Kindly let us know if we can provide any additional assistance.