Transcript Slides from Marie-Bénédicte Dembour`s presentation

NERA 2011 Congress ‘Rights and Education’
Human Rights in Education: Which
Rights For Whom and To What End?
Marie-Bénédicte Dembour
University of Sussex
10 March 2011
Human rights in education
• Sounds good
• But what does it mean?
Some ECHR case law
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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
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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
a given
entitlements
every single human
being
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Yes
is a progress
Nature/God/Reason
Yes, definitely
Yes, definitely
Embodied in law?
HR law since 1948
Are based on
Are realizable?
Are universal?
PROTEST SCHOOL
Protest School
• HR conceived as
• Consist in
• Are for
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Embodied in law?
HR law since 1948
Are based on
Are realizable?
Are universal?
fought for
Claims/aspirations
first and foremost
those who suffer
beware of betrayal
mirage
social struggles
no, perpetual struggle
like suffering is
DELIBERATIVE SCHOOL
Deliberative School
• HR conceived as
• Consist in
• Are for
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Embodied in law?
HR law since 1948
Are based on
Are realizable?
Are universal?
agreed upon
principles
running the polity
fairly
exist only through law
progress
consensus
through good process
potentially
DISCOURSE SCHOOL
Discourse School
• HR conceived as
• Consist in
• Are for
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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!