scholarly journals Competing Institutional Logics and Paradoxical Universalism: School-to-Work Transitions of Disabled Youth in Switzerland and the United States

2020 ◽  
Vol 8 (1) ◽  
pp. 155-167
Author(s):  
Christoph Tschanz ◽  
Justin J. W. Powell
Keyword(s):  
United States ◽  
Inclusive Education ◽  
The United States ◽  
Institutional Logics ◽  
School To Work ◽  
Training System ◽  
Vocational Education And Training ◽  
Human Right ◽  
Work Transitions ◽  
The Right

<p class="Default">Disablement is a complex social phenomenon in contemporary societies, reflected in disability policies oriented towards contrasting paradigms. Fraught with ambivalence, disability raises dilemmas of classification and targeted supports. Paradoxical universalism emphasizes that to achieve universality requires recognizing individual dis/abilities and particular contextual conditions and barriers that disable. Myriad aspects of educational and disability policies challenge both conceptualization and realization of universal policies, such as compulsory schooling, with widespread exclusion or segregation prevalent. Resulting tensions between providing support and ubiquitous stigmatization and separation are endemic, and particularly evident during life course transitions that imply shifting memberships in institutions and organizations. Particularly visible among disabled youth, school-to-work transitions are fundamentally challenged by contrasting policies, institutional logics, and institutionalized organizations. Analyzing institutional logics facilitates understanding of the lack of coordination that hinders successful transitions. Examining such challenges in the United States and Switzerland, we compare their labor markets and federal governance structures and contrasting education, welfare, and employment systems. Whereas lacking inter-institutional coordination negatively impacts disabled young adults in the United States, Switzerland’s robust vocational education and training system, while not a panacea, does provide more coordinated support during school-to-work transitions. These two countries provide relevant cases to examine ambivalence and contestation around the human right to inclusive education as well as the universality of the right (not) to work.</p>

scholarly journals Legal mechanism for ensuring the right to inclusive education in the context of the COVID-19 pandemic in Ukraine and the United States

2021 ◽  
pp. 66-71
Author(s):  
T.V. Shlapko ◽  
O.P Sokolenko
Keyword(s):  
United States ◽  
Distance Education ◽  
Distance Learning ◽  
Secondary Education ◽  
Inclusive Education ◽  
The United States ◽  
Educational Needs ◽  
Educational Process ◽  
Special Educational Needs ◽  
The Right

The article investigates to the study of legal framework securing the right to inclusive education of inclusive education in the context of the COVID-19 pandemic. The authors of the article analyze the statistics of the effectiveness of distance learning to study the state of the organization in general secondary education distance learning in quarantine, introduced to prevent the spread of acute respiratory disease COVID-19 in Ukraine and the United States. It is proved that children with special educational needs need an individual approach to the organization of inclusive distance learning. At the same, time it is necessary to consider features of each child. The authors of the article pay considerable attention to the characteristics of the recommendations of the Ministry of Education and Science of Ukraine on the organization of the educational process in general secondary education institutions during quarantine by the way of distance education. From the analysis of the recommendations it can be concluded that the main burden during the organization and use of distance learning technologies will fall on the teacher's assistant and student's assistant. In addition, the article examines the features of the educational process with the help of a team of psychological and pedagogical support of a child with special educational needs during quarantine. The article examines the features of inclusive education in different areas of the epidemic level of danger: green, yellow, orange and red. The authors also pay considerable attention to the study of the implementation of inclusive learning using distance education technologies during the pandemic COVID-19, in particular the problem of involving children with special educational needs in the educational process at home. The article contains recommendations for improving the quality of education during the COVID-19 pandemic.

Reproduction, Birth Control, and Motherhood in the United States

2018 ◽  
Author(s):  
Rickie Solinger
Keyword(s):  
United States ◽  
Female Sexuality ◽  
Population Control ◽  
The United States ◽  
Reproductive Value ◽  
Reproductive Justice ◽  
Human Right ◽  
Reproductive Politics ◽  
Primary Power ◽  
The Right

The history of reproductive politics in the United States incorporates several centuries of struggle and resistance and virtually no periods of quiescence. The state and other institutions have frequently clashed within and against each other and with girls and women, over who has primary power to govern female sexuality, fertility, and maternity: institutions, or women themselves. These struggles have always been racialized. From the eighteenth century forward, authorities have promulgated laws and public policies embedding population-control aims, investing some groups with greater reproductive value than others. In the modern era, “choice” emerged as the mark of reproductive freedom, chiefly defined as the right to limit and terminate pregnancy. More recently, “reproductive justice” contends that all people have the human right to be a parent; to forgo parenting; and to access the resources required to exercise the first two rights with dignity and safety.

scholarly journals The main stages of the process of formation and development of inclusive education in the United States in the context of multicultural educational policy

2021 ◽  
Author(s):  
E.S. Kurysheva
Keyword(s):  
United States ◽  
Educational Policy ◽  
Inclusive Education ◽  
The United States ◽  
Alternative Development ◽  
Right To Education ◽  
Persons With Disabilities ◽  
The Law ◽  
The Right

This article identifies the main stages of the formation of inclusive education (segregative, integrative, inclusive), reveals the evolutionary nature of inclusive education. The article analyzes the content of the main document regulating the right to education of children with alternative development - The Law on Education of Persons with Disabilities (1975).

International Fair Trial Guarantees

2014 ◽  
Author(s):  
David Weissbrodt
Keyword(s):  
United States ◽  
Armed Conflict ◽  
Due Process ◽  
The United States ◽  
Fair Trial ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Right ◽  
Military Commissions ◽  
The Right

As a fundamental human right, the right to a fair trial ensures that no one is deprived of liberty without due process of law. The scope and meaning of fair trial guarantees, especially during periods of armed conflict, has become controversial in light of the United States’ use of military commissions for the trial of ‘unprivileged enemy belligerents’. This chapter explores fair trial guarantees as articulated in international humanitarian law (IHL) and international human rights law (IHRL). It first provides an overview of the principal treaty provisions that guarantee the right to a fair trial during armed conflict before turning to the concept of a ‘regularly constituted court’ as a vital element in fair trial guarantees. It then considers derogation from fair trial guarantees under IHL and IHRL, as well as the universal application of fair trial rights. Finally, it discusses how the normative standards of the fair trial guarantees apply in the practice of military commissions established by the United States in the context of the ‘War on Terror.’

scholarly journals The Right to Culture in Performance-Driven American Public Schools –Some Implications of United States Ratifcation of the International Covenant on Civil and Political Rights and the Convention on Elimination of All Forms of Racial Discrimination

2012 ◽  
Vol 2 (1) ◽  
pp. 3-14
Author(s):  
Rosemary Ann Blanchard
Keyword(s):  
United States ◽  
Public Schools ◽  
The United States ◽  
Cultural Continuity ◽  
Political Rights ◽  
Linguistic Identity ◽  
Human Right ◽  
Policy Makers ◽  
Indigenous Minorities ◽  
The Right

The right of ethnic, linguistic and indigenous minorities to an education for their children that supports their linguistic identity and cultural continuity is a universally-recognized human right throughout the world community. The United States, while a signatory to the main international agreements which establish this right has yet to adequately domesticate its interpretation and implementation. Educators and policy makers at every level of government and society have both the ethical responsibility and the opportunity to incorporate the fundamental elements of the human right to culture into their educational planning, program development, instruction and assessments. As Justice Black noted more than 50 years ago, “Great nations, like great men [and women] should keep their word.

Lending to the Borrower from Hell

2017 ◽  
Author(s):  
Mauricio Drelichman ◽  
Hans-Joachim Voth
Keyword(s):  
United States ◽  
Sixteenth Century ◽  
Sovereign Debt ◽  
Risk Sharing ◽  
The United States ◽  
Philip Ii ◽  
Loan Contracts ◽  
The Right ◽  
Intelligent Model ◽  
New Evidence

Why do lenders time and again loan money to sovereign borrowers who promptly go bankrupt? When can this type of lending work? As the United States and many European nations struggle with mountains of debt, historical precedents can offer valuable insights. This book looks at one famous case—the debts and defaults of Philip II of Spain. Ruling over one of the largest and most powerful empires in history, King Philip defaulted four times. Yet he never lost access to capital markets and could borrow again within a year or two of each default. Exploring the shrewd reasoning of the lenders who continued to offer money, the book analyzes the lessons from this historical example. Using detailed new evidence collected from sixteenth-century archives, the book examines the incentives and returns of lenders. It provides powerful evidence that in the right situations, lenders not only survive despite defaults—they thrive. It also demonstrates that debt markets cope well, despite massive fluctuations in expenditure and revenue, when lending functions like insurance. The book unearths unique sixteenth-century loan contracts that offered highly effective risk sharing between the king and his lenders, with payment obligations reduced in bad times. A fascinating story of finance and empire, this book offers an intelligent model for keeping economies safe in times of sovereign debt crises and defaults.

ОСОБЕННОСТИ ПОДГОТОВКИ КАДРОВ ДЛЯ ПЕНИТЕНЦИАРНОЙ СИСТЕМЫ В США

2020 ◽  
Author(s):  
Vladimir Unterov ◽  
Elizaveta Eremeeva
Keyword(s):  
United States ◽  
The United States ◽  
Training System ◽  
Modern World ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Personal Qualities ◽  
The Russian Federation ◽  
Prison Systems ◽  
Correction System

Статья посвящена изучению зарубежного опыта подготовки кадров для пенитенциарных систем. Его анализ и рассмотрение возможности внедрения отдельных элементов направлены на совершенствование системы подготовки сотрудников для уголовно-исполнительной системы России, повышение их профессионального уровня, что в конечном счете будет способствовать достижению главной цели УИС - исправлению осужденных. Авторы особое внимание уделяют изучению специально-профессиональных и личностных качеств, необходимых сотрудникам пенитенциарных учреждений. В статье рассматриваются особенности подготовки сотрудников пенитенциарной системы в Соединенных Штатах Америки. Важнейшей задачей образовательных учреждений и центров по подготовке кадров для пенитенциарной системы США является обеспечение будущих сотрудников знаниями, необходимыми для выполнения профессиональных обязанностей в рамках предстоящей деятельности. Также авторы подчеркивают важность развития при подготовке будущих сотрудников не только профессиональных, но и личностных качеств.The article is devoted to the study of foreign experience in order to improve the training system for the Russian penal correction system. In particular, the training of prison officials in the United States of America is considered as one of the most developed States in the modern world. The improvement of the training process for the Russian penal correction system implies the development of international cooperation with the prison systems of foreign countries. The study of foreign experience of penitentiary education contributes to the improvement of the professional level of the staff of the Penal Correction Service and, ultimately, to the achievement of the main goal - correction of convicts. The authors pay particular attention to the study of specific professional and personal qualities required by potential prison staff. Since there have been significant positive changes in the formation of professional qualities of the future employee of the Russian penal correction system over the past decade, the main focus of the work is on the formation of personal (universal) qualities of the employee of the Federal Penal Correction Service of the Russian Federation, for which the positive experience of the United States is analyzed.

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

Strike Ballots, Democracy, and Law

2020 ◽  
Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston
Keyword(s):  
United Kingdom ◽  
The United States ◽  
International Labour Organisation ◽  
Human Right ◽  
Strike Activity ◽  
Legal Rules ◽  
Worked Example ◽  
The United Kingdom ◽  
Democratic Rights ◽  
The Right

The purpose of the research upon which this book is based was empirically to investigate whether the ballot requirements in the Fair Work Act do indeed impose a significant obstacle to the taking of industrial action, and whether those provisions are indeed impelled by a legitimate ‘democratic imperative’. The book starts from the proposition that virtually all national legal systems, and international law, recognise the right to strike as a fundamental human right. It acknowledges, however, that in no case is this recognition without qualification. Amongst the most common qualifications is a requirement that to be lawful strike action must first be approved by a ballot of workers concerned. Often, these requirements are said to be necessary to protect the democratic rights of the workers concerned: this is the so-called ‘democratic imperative’. In order to evaluate the true purpose and effect of ballot requirements the book draws upon the detailed empirical study of the operation of the Australian legislative provisions noted above; a comparative analysis of law and practice in a broad range of countries, with special reference to Canada, South Africa, the United Kingdom and the United States; and the jurisprudence of the supervisory bodies of the International Labour Organisation. It finds that in many instances ballot requirements – especially those relating to quorum – are more concerned with curtailing strike activity than with constructively responding to the democratic imperative. Frequently, they also proceed from a distorted perception of what ‘democracy’ could and should entail in an industrial context. Paradoxically, the study also finds that in some contexts ballot requirements can provide additional bargaining leverage for unions. Overall, however, the study confirms our hypothesis that the principal purpose of ballot requirements – especially in Australia and the United Kingdom – is to curtail strike activity rather than to vindicate the democratic imperative, other than on the basis of a highly attenuated reading of that term. We believe that the end-result constitutes an important study of the practical operation of a complex set of legal rules, and one which exposes the dichotomy between the ostensible and real objectives underpinning the adoption of those rules. It also furnishes a worked example of multi-methods empirical, comparative and doctrinal legal research in law, which we hope will inspire similar approaches to other areas of labour law.

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