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Lotem Perry-Hazan 《Critical Studies in Education》2019,60(1):73-92
This paper analyzes the challenges embedded in the conflict between the right to accessible education, which implies a prohibition on discriminatory practices in school admission, and the right to adaptable education, which accommodates children’s cultural affiliations. It shows that a normative lens, which examines the ways by which legal rules correspond to conflicting rights and interests, cannot fully capture the tension between legal prohibitions on discrimination in education and the sociocultural norms in religious communities. Thus, the paper offers a socio-legal lens, which focuses on the context of admission policies to Jewish religious schools. Based on three test cases of admission policies to Jewish religious schools in Israel, England, and Flanders, Belgium, the paper demonstrates how the legal rules regulating the admission policies are influenced by social forces. In Israel and England, these forces have facilitated a descent down slippery slope, originating with religious criteria, but concluding with discriminatory criteria. They also shaped admission practices reflecting the asymmetric power relations between the institutional school systems and individual families. The paper highlights the benefits of the Belgian policy, which proscribes religious classification of school candidates. This policy circumvents the ambiguous distinction between religion, ethnicity, and social class, and expands educational choices. 相似文献
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Lotem Perry-Hazan 《教育政策杂志》2013,28(5):713-746
This paper offers a model for evaluating the strengths and weaknesses of judicial involvement in educational reforms. It uses the model to analyze two case studies of court-led educational reforms in the third rail of Israeli politics – the curricula and the admission policies of ultra-Othodox (Haredi) schools. These case studies are located at the knotty junction of human rights, religion, and politics in education policy, generating concern in many countries. The conclusions demonstrate that even when the courts are cautious, judicial involvement in third rail educational reforms may produce impacts that drive the cogwheels of policy-making in directions that are apt to undermine the interests of the petitioners. Therefore, the choice of courts as a forum for shaping education policy in political third rails should be prudently considered. The paper also demonstrates the need to evaluate litigation by means of a contextual, evidence-based analysis. It highlights that in certain cases, what may appear to be unjustified judicial activism or restraint is, in fact, a reasonable response, whose harmful ramifications may be attributed to the context of political third rails. Even the best judges are not immune to the well-known assertion that ‘hard cases make bad law.’ 相似文献
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This study explored how children of lower primary school grades perceive due process in schools’ disciplinary procedures. While many studies have explored how adolescents perceive school discipline, only a few studies have examined the perceptions of primary school pupils, and no study has investigated lower primary school grades. The qualitative research design was based on semi‐structured interviews and focus groups with 70 children, aged 7 to 10, recruited from 19 public schools in Israel. In addition, we recruited a children's advisory group that participated in the research process. The findings revealed that while many of the study participants had internalised a formalistic approach to due process (i.e. meting out uniform punishments in similar cases, in accordance with a closed system of rules), others objected to this approach, providing various reasons for their concerns. Participants’ criticisms of a formalistic due process policy included lack of compassion and lack of understanding of pupils’ social, academic or other difficulties, disregard of pupils’ voice, the complex task of discerning the truth, apprehension over a uniform punitive system and low efficacy of punishments. We argue that the right to due process in schools lies at the intersection of legal and educational narratives. Even young children are able to recognise the inherent incongruity of these narratives, as they constitute a significant part of their daily routine in school. We also argue that this incongruity engenders a distorted due process, thus imparting faulty lessons about the right to due process and its justifications. 相似文献
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This study explores the impact of litigation on the mobilization of ethnic equality in the admission to Haredi (ultra-Orthodox) schools in Israel, and examines the socio-political mechanisms that have shaped this impact. It uses a case-study approach and draws on an analysis of documents and interviews. The findings confirm the conclusions of other studies regarding the limited ability of courts to produce change in schools by showing that ethnic equality was not mobilized until the Ministry of Education reformed its policy. However, the findings also show that the legal discourse empowered a group of Haredi parents to raise the rights consciousness of other parents and to support them in surmounting barriers that had impeded rights claims. The phenomenon of rights agents exemplifies how ethnic equality in school admission is mobilized in a bidirectional process: top-down judicial rulings empowered Haredi agents, who, in turn, have mobilized rights from the bottom-up to the new appeals committees in the Ministry of Education. The phenomenon also demonstrates the significance of collaborative relationships among lawyers, politicians, and social agents in order to generate social reforms in schools of ultra-religious groups. 相似文献
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The United Nations Convention on the Rights of the Child anchors children's right to participate in decision-making. This right refers to decisions at the individual level as well as collective decisions taken by a group of children. Various studies have indicated that youth from disadvantaged backgrounds face high barriers to participation in collective decision-making and thus have fewer opportunities to enjoy the educational and developmental benefits of such participation. This study explored school principals' perceptions of at-risk youths' participation in collective decision-making in schools. Specifically, it analysed differences between the perceptions of principals who had established participatory frameworks and those who had not. The research design drew on interviews with 18 principals who manage high schools for at-risk youth in Israel. All interviewed principals acknowledged the potential cultural mismatch between the dominant models of pupil councils and the culture of at-risk youth. Principals who had established participatory frameworks viewed participation as a gradual process, trusting their pupils' capacity to attain higher levels of participation even if participatory activities did not come as ‘second nature’ to them. However, principals who did not institute such frameworks viewed their pupils' participation as an ‘all-or-nothing’ enterprise, inappropriate for at-risk youth. Fulfilling participation rights in schools for at-risk youth requires efforts to adapt the participatory capital to the pupils' background. The principals' perceptions of the participation process and of their pupils were intertwined with their willingness to engage in such adaptations and take the less-travelled road of participatory practices in schools for at-risk youth. 相似文献
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The hidden human rights curriculum of surveillance cameras in schools: due process,privacy and trust
This article explores how school principals integrate Closed Circuit TV systems (CCTVs) in educational practices and analyses the pedagogical implications of these practices through the lens of human rights. Drawing on interviews with school principals and municipality officials, we found that schools use CCTVs for three main purposes: (1) Discipline: gathering evidence by semi-legal procedures, which replace educational processes and are inattentive to pupils’ voices; (2) Monitoring: real-time surveillance of pupils, which includes both caring and policing practices; and (3) Producing trust, by refraining from accessing the footage. This usage attempts to invert the concern that CCTVs undermine trust, but it may prove a double-edged sword if the pupils do not believe the principal. We argue that each of these approaches shapes the schools’ hidden human rights curriculum, by which pupils learn about due process, privacy, and autonomy, and about the power relations that determine the scope of these rights. 相似文献
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CCTV surveillance in primary schools: normalisation,resistance, and children’s privacy consciousness
This study explored how primary school children perceive school surveillance by Closed Circuit TV systems (CCTVs) and how their perceptions relate to their privacy consciousness. It drew on interviews with 57 children, aged 9–12, who were enrolled in three Israeli public schools that had installed CCTVs, and on information gathered from members of the management team of each school. The findings indicated that in all three schools, educators did not discuss the CCTVs with the children. Consequently, most children had various erroneous assumptions regarding the CCTVs, leading some children to wrongly believe that they were seen and heard in almost every corner of the school, including toilets and classrooms. The findings also revealed a tension between normalisation of school surveillance on the one hand, and resistance to excessive surveillance on the other. In addition, the findings demonstrated that even young children, having been born and raised in a digital world with its ubiquitous surveillance, value their privacy and are willing to relinquish it only when they perceive it as justified. The moral balance voiced by the children regarding the circumstances that justify trading privacy for security resembles constitutional analysis. 相似文献
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