The article first focuses on the significance of the Cathedral of Sts. Vitus, Wenceslas, and Adalbert to the Czech religious, national, and state identity. The importance of the cathedral is given primarily by its location (Prague Castle), as well as by the thinking of its founder, Charles IV, about the foundations of Czech statehood. On the basis of these findings, the significance and symbolism of the cathedral for the present can be understood. Following this, the legal status of the cathedral, which was the subject of the so-called “cathedral dispute” in its modern history, is examined. The current legal status of the cathedral is the result of an amicable solution to this dispute and the subsequent application of the right of superficies in Czech private law.
{"title":"Cathedral of Sts. Vitus, Wenceslas, and Adalbert—The Melting Pot of Czech Religious, National, and State Identity and Its Legal Status","authors":"Ondřej Frinta, Dita Frintová","doi":"10.3390/laws12020025","DOIUrl":"https://doi.org/10.3390/laws12020025","url":null,"abstract":"The article first focuses on the significance of the Cathedral of Sts. Vitus, Wenceslas, and Adalbert to the Czech religious, national, and state identity. The importance of the cathedral is given primarily by its location (Prague Castle), as well as by the thinking of its founder, Charles IV, about the foundations of Czech statehood. On the basis of these findings, the significance and symbolism of the cathedral for the present can be understood. Following this, the legal status of the cathedral, which was the subject of the so-called “cathedral dispute” in its modern history, is examined. The current legal status of the cathedral is the result of an amicable solution to this dispute and the subsequent application of the right of superficies in Czech private law.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48908343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Kantian political philosophies stress that a state ought to be “neutral” (Rawls), “minimal” (Nozick), or “public” (Ripstein’s Kant), as part of its duty to respect its citizens’ freedom to pursue whatever ends these citizens find valuable. States are under duty merely to secure citizens’ independence from each other and from the state. In contrast, Kantian morality contends that individuals are subject to a duty to pursue certain “obligatory” ends, viz., ends that emerge from the intrinsic value of personhood and autonomy. In some cases, hindering one’s freedom is necessary for promoting these ends. This essay describes circumstances in which a legal right to interfere with one’s property and body in promoting obligatory ends is justified, even though such a right compromises states’ neutrality. This description sheds a new light on the relation between the optimal legal system (“Right”) and morality (“Virtue”) and between justice and truth.
{"title":"Morality, Voluntary Laws, and State Neutrality","authors":"Yitzhak Benbaji","doi":"10.3390/laws12020024","DOIUrl":"https://doi.org/10.3390/laws12020024","url":null,"abstract":"Kantian political philosophies stress that a state ought to be “neutral” (Rawls), “minimal” (Nozick), or “public” (Ripstein’s Kant), as part of its duty to respect its citizens’ freedom to pursue whatever ends these citizens find valuable. States are under duty merely to secure citizens’ independence from each other and from the state. In contrast, Kantian morality contends that individuals are subject to a duty to pursue certain “obligatory” ends, viz., ends that emerge from the intrinsic value of personhood and autonomy. In some cases, hindering one’s freedom is necessary for promoting these ends. This essay describes circumstances in which a legal right to interfere with one’s property and body in promoting obligatory ends is justified, even though such a right compromises states’ neutrality. This description sheds a new light on the relation between the optimal legal system (“Right”) and morality (“Virtue”) and between justice and truth.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46869277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Whether it is the Summer Olympics or the Winter Olympics, in order to resolve potential sports disputes, the Court of Arbitration for Sport (CAS) sets up a special ad hoc tribunal in the host city of the Olympic Games. Although CAS ad hoc rules have many similarities with ordinary procedures, they are different in terms of the legal basis, legal remedies, and certain procedural rules. During the Beijing 2022 Winter Olympics (Beijing 2022), the CAS Ad Hoc Division and the CAS Anti-Doping Division heard a total of seven cases. These cases involve issues such as provisional suspension of games, protection of minors, unreasonable delays in test results, cancellation of award ceremonies, and the timing of disputes. the CAS Ad Hoc Division decisions on the above issues can be regarded as the latest developments in the application of international sports arbitration rules.
{"title":"Case Analysis on the CAS Ad Hoc Division Decisions for the 2022 Beijing Winter Olympics","authors":"Wenjun Yan","doi":"10.3390/laws12020022","DOIUrl":"https://doi.org/10.3390/laws12020022","url":null,"abstract":"Whether it is the Summer Olympics or the Winter Olympics, in order to resolve potential sports disputes, the Court of Arbitration for Sport (CAS) sets up a special ad hoc tribunal in the host city of the Olympic Games. Although CAS ad hoc rules have many similarities with ordinary procedures, they are different in terms of the legal basis, legal remedies, and certain procedural rules. During the Beijing 2022 Winter Olympics (Beijing 2022), the CAS Ad Hoc Division and the CAS Anti-Doping Division heard a total of seven cases. These cases involve issues such as provisional suspension of games, protection of minors, unreasonable delays in test results, cancellation of award ceremonies, and the timing of disputes. the CAS Ad Hoc Division decisions on the above issues can be regarded as the latest developments in the application of international sports arbitration rules.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45324022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
P. Kwasniewski, Izabella Parowicz, Joseph Shaw, Piotr Stec
The UNESCO convention definition of intangible cultural heritage (ICH) covers religious practices and rites, as can be seen from normative descriptions and dozens of actual examples, many of which are Catholic religious traditions. The Traditional Latin Mass (TLM), practiced in one form or another for over 1500 years by an ever-increasing number of peoples and nations and in possession of a common stable set of rules, meets the UNESCO criteria for listing as ICH; in fact, it is arguably the best possible example. It is also a complicated one. After the Catholic Church’s liturgical reform in the 1960s and 1970s, new rites were introduced and the old rites were officially abandoned; nevertheless, a minority of clergy and laity continued to celebrate the TLM, and, over time, the legitimacy of their attachment to it was recognised by several popes, who also spoke regularly of the great value of the Church’s cultural and artistic patrimony and recommended that it remained joined with its religious origins. In contrast, the current pope, Francis, has recently become opposed to the continuation of the old rites. Be this as it may, it is quite possible that such a threatened but deeply appreciated international ICH as the TLM could be proposed for listing by several states that (unlike the Holy See) have signed the Convention for the Safeguarding of the Intangible Cultural Heritage, to give it a recognition appropriate to its immense historical and present-day cultural value.
{"title":"Transnational Religious Practices as a UNESCO Intangible Cultural Heritage: The Complex Case of the Traditional Latin Mass","authors":"P. Kwasniewski, Izabella Parowicz, Joseph Shaw, Piotr Stec","doi":"10.3390/laws12020023","DOIUrl":"https://doi.org/10.3390/laws12020023","url":null,"abstract":"The UNESCO convention definition of intangible cultural heritage (ICH) covers religious practices and rites, as can be seen from normative descriptions and dozens of actual examples, many of which are Catholic religious traditions. The Traditional Latin Mass (TLM), practiced in one form or another for over 1500 years by an ever-increasing number of peoples and nations and in possession of a common stable set of rules, meets the UNESCO criteria for listing as ICH; in fact, it is arguably the best possible example. It is also a complicated one. After the Catholic Church’s liturgical reform in the 1960s and 1970s, new rites were introduced and the old rites were officially abandoned; nevertheless, a minority of clergy and laity continued to celebrate the TLM, and, over time, the legitimacy of their attachment to it was recognised by several popes, who also spoke regularly of the great value of the Church’s cultural and artistic patrimony and recommended that it remained joined with its religious origins. In contrast, the current pope, Francis, has recently become opposed to the continuation of the old rites. Be this as it may, it is quite possible that such a threatened but deeply appreciated international ICH as the TLM could be proposed for listing by several states that (unlike the Holy See) have signed the Convention for the Safeguarding of the Intangible Cultural Heritage, to give it a recognition appropriate to its immense historical and present-day cultural value.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47121577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Eliona Gjecaj, A. Lawson, R. Traustadóttir, J. Rice
In this paper we aim to make a valuable contribution to the surprisingly limited body of research on access to justice for disabled women who have been subjected to violence. Using an interdisciplinary sociolegal approach, this paper carries out an empirical qualitative study of one Icelandic court case and draws on this to provide a critical analysis of access to justice issues for disabled women who have been subjected to gender-based violence. Much about this case suggests that it is a positive example of justice being accessed, and we identify a number of features of the case as particularly significant in this regard. We reflect on how these positive aspects of the case can inform initiatives to enhance access to justice for disabled women and highlight ways in which Icelandic justice processes could more firmly embed the international human rights standards set out in the UN Convention on the Rights of Persons with Disabilities.
{"title":"‘We Got Lucky with the Judge’: Access to Justice for Disabled Women in Iceland","authors":"Eliona Gjecaj, A. Lawson, R. Traustadóttir, J. Rice","doi":"10.3390/laws12020021","DOIUrl":"https://doi.org/10.3390/laws12020021","url":null,"abstract":"In this paper we aim to make a valuable contribution to the surprisingly limited body of research on access to justice for disabled women who have been subjected to violence. Using an interdisciplinary sociolegal approach, this paper carries out an empirical qualitative study of one Icelandic court case and draws on this to provide a critical analysis of access to justice issues for disabled women who have been subjected to gender-based violence. Much about this case suggests that it is a positive example of justice being accessed, and we identify a number of features of the case as particularly significant in this regard. We reflect on how these positive aspects of the case can inform initiatives to enhance access to justice for disabled women and highlight ways in which Icelandic justice processes could more firmly embed the international human rights standards set out in the UN Convention on the Rights of Persons with Disabilities.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47892856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
P. Kotlán, Miroslav Ondrúš, Alena Kozlová, Igor Kotlán, Pavel Petr, Radim Kalabis
Criminal liability of legal entities has gained an inalienable place in the system of legal liability in most European jurisdictions, including the Czech Republic. Departing from the premise that it is a suitable supplement to the liability of a legal entity in the event of serious unlawful acts of natural persons from which the legal entity benefits, this article aims to characterize the position and role of this form of liability in the Czech legal system. Essentially, however, it seeks to determine under which circumstances it is possible for legal entities to be relieved of liability using an exculpatory clause. Based on a case study of the Czech Republic, it illustrates the added value of criminal compliance programs, which, if properly set up and implemented in practice and complemented by prevention, detection and response measures, play a decisive role in establishing such criminal exculpation. The article further finds that rules pertaining to ethical codes of conduct are in fact ‘elevated’ to the level of legal rules through compliance programs. Compliance, one of the components of Corporate Social Responsibility, thus becomes an expression of a legal obligation, i.e., the obligation to properly manage and control the corporation, which has important legal implications.
{"title":"Criminal Compliance Program as a Tool for Criminal Liability Exculpation of Legal Persons in the Czech Republic","authors":"P. Kotlán, Miroslav Ondrúš, Alena Kozlová, Igor Kotlán, Pavel Petr, Radim Kalabis","doi":"10.3390/laws12020020","DOIUrl":"https://doi.org/10.3390/laws12020020","url":null,"abstract":"Criminal liability of legal entities has gained an inalienable place in the system of legal liability in most European jurisdictions, including the Czech Republic. Departing from the premise that it is a suitable supplement to the liability of a legal entity in the event of serious unlawful acts of natural persons from which the legal entity benefits, this article aims to characterize the position and role of this form of liability in the Czech legal system. Essentially, however, it seeks to determine under which circumstances it is possible for legal entities to be relieved of liability using an exculpatory clause. Based on a case study of the Czech Republic, it illustrates the added value of criminal compliance programs, which, if properly set up and implemented in practice and complemented by prevention, detection and response measures, play a decisive role in establishing such criminal exculpation. The article further finds that rules pertaining to ethical codes of conduct are in fact ‘elevated’ to the level of legal rules through compliance programs. Compliance, one of the components of Corporate Social Responsibility, thus becomes an expression of a legal obligation, i.e., the obligation to properly manage and control the corporation, which has important legal implications.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44343633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper presents an attempt at establishing an association between crime levels and prison populations across European countries. We observe that the situation in Central and Eastern European countries differs distinctly from the rest of Europe. Building on this, we offer justification that is methodologically based on correlations and regressions of country incarceration rates on crime rates, with reference to governance indicators. Our cross-sectional analysis uses data on crime and prisoner rates by offence from Eurostat and SPACE for the year 2018. The paper’s empirical analysis is preceded by a discussion of the challenges faced when attempting to compare crime between countries in Europe. A review of research focused on relationships between incarceration and crime follows, with the emphasis on the deterrence effect and the prison paradox. Typically, this stream of research uses microdata covering a single country or limited to a smaller geographic area. International comparisons are rare, and are usually based on time series and trend analyses. The quantitative approach applied here is based on recognizing two clusters of countries: the Central and Eastern European (CEE) cluster and the Western European (WE) cluster. We show that the observation of higher prisoner rates and lower crime rates for CEE countries is confirmed with regression analysis. Our study encompasses four types of offences: assault, rape, robbery, and theft. The final section of the paper presents an attempt to incorporate Worldwide Governance Indicators into the analysis of the association between incarceration and crime rates. The results confirm that crime rates in WE countries are distinctly higher than in CEE countries, while incarceration rates in WE are significantly lower than in CEE countries. We think this is due to a higher percentage of crimes being reported and the greater accuracy of police statistics in WE countries. The prison population in each country is largely determined by its criminal and penal policies, which differ substantially between CEE and WE countries (e.g., in terms of frequency of imposing prison sentences and the length of imprisonment). These tendencies result in higher incarceration rates in CEE countries, despite lower crime rates when compared to WE countries.
{"title":"Crime and Punishment—Crime Rates and Prison Population in Europe","authors":"Beata Gruszczyńska, Marek Gruszczyński","doi":"10.3390/laws12010019","DOIUrl":"https://doi.org/10.3390/laws12010019","url":null,"abstract":"This paper presents an attempt at establishing an association between crime levels and prison populations across European countries. We observe that the situation in Central and Eastern European countries differs distinctly from the rest of Europe. Building on this, we offer justification that is methodologically based on correlations and regressions of country incarceration rates on crime rates, with reference to governance indicators. Our cross-sectional analysis uses data on crime and prisoner rates by offence from Eurostat and SPACE for the year 2018. The paper’s empirical analysis is preceded by a discussion of the challenges faced when attempting to compare crime between countries in Europe. A review of research focused on relationships between incarceration and crime follows, with the emphasis on the deterrence effect and the prison paradox. Typically, this stream of research uses microdata covering a single country or limited to a smaller geographic area. International comparisons are rare, and are usually based on time series and trend analyses. The quantitative approach applied here is based on recognizing two clusters of countries: the Central and Eastern European (CEE) cluster and the Western European (WE) cluster. We show that the observation of higher prisoner rates and lower crime rates for CEE countries is confirmed with regression analysis. Our study encompasses four types of offences: assault, rape, robbery, and theft. The final section of the paper presents an attempt to incorporate Worldwide Governance Indicators into the analysis of the association between incarceration and crime rates. The results confirm that crime rates in WE countries are distinctly higher than in CEE countries, while incarceration rates in WE are significantly lower than in CEE countries. We think this is due to a higher percentage of crimes being reported and the greater accuracy of police statistics in WE countries. The prison population in each country is largely determined by its criminal and penal policies, which differ substantially between CEE and WE countries (e.g., in terms of frequency of imposing prison sentences and the length of imprisonment). These tendencies result in higher incarceration rates in CEE countries, despite lower crime rates when compared to WE countries.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"520 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136171060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jaime La Charite, Elizabeth W. Tucker, J. Rosenberg, Janine Young, N. Gupta, Katherine E. M. Hoops
Little is known of pediatric clinicians’ experiences with and approaches to taking care of immigrant children who have been in US custody. The objectives of this article are to (1) recognize the challenges facing pediatric clinicians in caring for immigrant children previously in custody, and (2) propose ways that healthcare and legal professionals can collaborate to optimize the wellbeing of formerly detained immigrant children. We identify themes by assessing answers to multiple choice and short responses from a national survey. These findings can help to identify current issues faced by both detained immigrant children and pediatric clinicians, and suggest approaches to addressing these issues.
{"title":"Understanding the Healthcare Needs of Immigrant Children Currently and Previously in Government Custody: A Narrative","authors":"Jaime La Charite, Elizabeth W. Tucker, J. Rosenberg, Janine Young, N. Gupta, Katherine E. M. Hoops","doi":"10.3390/laws12010018","DOIUrl":"https://doi.org/10.3390/laws12010018","url":null,"abstract":"Little is known of pediatric clinicians’ experiences with and approaches to taking care of immigrant children who have been in US custody. The objectives of this article are to (1) recognize the challenges facing pediatric clinicians in caring for immigrant children previously in custody, and (2) propose ways that healthcare and legal professionals can collaborate to optimize the wellbeing of formerly detained immigrant children. We identify themes by assessing answers to multiple choice and short responses from a national survey. These findings can help to identify current issues faced by both detained immigrant children and pediatric clinicians, and suggest approaches to addressing these issues.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46474169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This work explores the plight of child migrants in the United States, specifically examining the Trump administration’s use of family separation as a means of migration deterrence between 2017 and 2020. The perspective discusses the ongoing physical and psychological trauma that these separated families continue to face. I explore the Biden administration’s Interagency Task Force on Family Reunification that is working to identify and reunify those families still separated while providing them with immigration and other resources and mental health therapy. I conclude by noting the critical importance of ensuring that families are never again separated in the name of immigration enforcement.
{"title":"The Trauma of the Family Separation Policy on Migrant Children (2017–2022)","authors":"Mariela Olivares","doi":"10.3390/laws12010017","DOIUrl":"https://doi.org/10.3390/laws12010017","url":null,"abstract":"This work explores the plight of child migrants in the United States, specifically examining the Trump administration’s use of family separation as a means of migration deterrence between 2017 and 2020. The perspective discusses the ongoing physical and psychological trauma that these separated families continue to face. I explore the Biden administration’s Interagency Task Force on Family Reunification that is working to identify and reunify those families still separated while providing them with immigration and other resources and mental health therapy. I conclude by noting the critical importance of ensuring that families are never again separated in the name of immigration enforcement.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43161554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
All children have the right to education without discrimination, but half of refugee children are out of school, far worse than global averages. Obstacles to education for refugee and migrant children include poverty and overstretched resources in host countries, and humanitarian donors and agencies have important roles and should ensure the right to education. However, policy barriers to education are key drivers of the education crisis facing displaced children. These policy barriers are internationally unlawful, but the children affected often lack standing under domestic law to demand a remedy. Countries with laws enshrining migrant, asylum-seeking, and refugee children’s rights to education and the European Union’s response to Ukrainian refugee learners provide examples that advocates can use to help raise the global floor for displaced children’s right to education. Advocates should press all countries to grant all children, including migrants and refugees, the enforceable right to education in domestic law.
{"title":"A Will and a Way: Making Displaced Children’s Right to Education Enforceable","authors":"Bill Van Esveld","doi":"10.3390/laws12010016","DOIUrl":"https://doi.org/10.3390/laws12010016","url":null,"abstract":"All children have the right to education without discrimination, but half of refugee children are out of school, far worse than global averages. Obstacles to education for refugee and migrant children include poverty and overstretched resources in host countries, and humanitarian donors and agencies have important roles and should ensure the right to education. However, policy barriers to education are key drivers of the education crisis facing displaced children. These policy barriers are internationally unlawful, but the children affected often lack standing under domestic law to demand a remedy. Countries with laws enshrining migrant, asylum-seeking, and refugee children’s rights to education and the European Union’s response to Ukrainian refugee learners provide examples that advocates can use to help raise the global floor for displaced children’s right to education. Advocates should press all countries to grant all children, including migrants and refugees, the enforceable right to education in domestic law.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43537714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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