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Thursday, November 28, 2024

Declaration of the Rights of Man and of the Citizen

From Wikipedia, the free encyclopedia

The Declaration of the Rights of Man and of the Citizen (French: Déclaration des droits de l'Homme et du citoyen de 1789), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolution. Inspired by Enlightenment philosophers, the Declaration was a core statement of the values of the French Revolution and had a significant impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide.

The Declaration was initially drafted by Marquis de Lafayette, with assistance from Thomas Jefferson, but the majority of the final draft came from Abbé Sieyès. Influenced by the doctrine of natural right, human rights are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law. It is included at the beginning of the constitutions of both the Fourth French Republic (1946) and Fifth Republic (1958), and is considered valid as constitutional law.

History

The content of the document emerged largely from the ideals of the Enlightenment. Lafayette prepared the principal drafts in consultation with his close friend Thomas Jefferson. In August 1789, Abbé Emmanuel Joseph Sieyès and Honoré Mirabeau played a central role in conceptualizing and drafting the final Declaration of the Rights of Man and of the Citizen.

The last article of the Declaration of the Rights of Man and the Citizen was adopted on the 26 of August 1789 by the National Constituent Assembly, during the period of the French Revolution, as the first step toward writing a constitution for France. Inspired by the Enlightenment, the original version of the Declaration was discussed by the representatives based on a 24-article draft proposed by the sixth bureau, led by Jérôme Champion de Cicé. The draft was later modified during the debates. A second and lengthier declaration, known as the Declaration of the Rights of Man and Citizen of 1793, was written in 1793 but never formally adopted.

Background

The concepts in the Declaration come from the philosophical and political duties of the Enlightenment, such as individualism, the social contract as theorized by the Genevan philosopher Rousseau, and the separation of powers espoused by the Baron de Montesquieu. As can be seen in the texts, the French declaration was heavily influenced by the political philosophy of the Enlightenment and principles of human rights, as was the U.S. Declaration of Independence, which preceded it (4 July 1776).

These principles were shared widely throughout European society, rather than being confined to a small elite as in the past. This took different forms, such as 'English coffeehouse culture', and extended to areas colonised by Europeans, particularly British North America. Contacts between diverse groups in Edinburgh, Geneva, Boston, Amsterdam, Paris, London, or Vienna were much greater than often appreciated.

Transnational elites who shared ideas and styles were not new; what changed was their extent and the numbers involved. Under Louis XIV, Versailles was the centre of French culture, fashion and political power. Improvements in education and literacy over the course of the 18th century meant larger audiences for newspapers and journals, with Masonic lodges, coffee houses and reading clubs providing areas where people could debate and discuss ideas. The emergence of this "public sphere" led to Paris replacing Versailles as the cultural and intellectual centre, leaving the Court isolated and less able to influence opinion.

Assisted by Thomas Jefferson, then American diplomat to France, Lafayette prepared a draft which echoed some of the provisions of the US declaration. However, there was no consensus on the role of the Crown, and until this question was settled, it was impossible to create political institutions. When presented to the legislative committee on 11 July, it was rejected by pragmatists such as Jean Joseph Mounier, President of the Assembly, who feared creating expectations that could not be satisfied.

Conservatives like Gérard de Lally-Tollendal wanted a bicameral system, with an upper house appointed by the king, who would have the right of veto. On 10 September, the majority led by Sieyès and Talleyrand rejected this in favour of a single assembly, while Louis XVI retained only a "suspensive veto"; this meant he could delay the implementation of a law, but not block it. With these questions settled, a new committee was convened to agree on a constitution; the most controversial remaining issue was citizenship, itself linked to the debate on the balance between individual rights and obligations. Ultimately, the 1791 Constitution distinguished between 'active citizens' who held political rights, defined as French males over the age of 25, who paid direct taxes equal to three days' labour, and 'passive citizens', who were restricted to 'civil rights'. As a result, it was never fully accepted by radicals in the Jacobin club.

After editing by Mirabeau, it was published on 26 August as a statement of principle. The final draft contained provisions then considered radical in any European society, let alone France in 1789. French historian Georges Lefebvre argues that combined with the elimination of privilege and feudalism, it "highlighted equality in a way the (American Declaration of Independence) did not". More importantly, the two differed in intent; Jefferson saw the US Constitution and Bill of Rights as fixing the political system at a specific point in time, claiming they 'contained no original thought...but expressed the American mind' at that stage. The 1791 French Constitution was viewed as a starting point, the Declaration providing an aspirational vision, a key difference between the two Revolutions. Attached as a preamble to the French Constitution of 1791, and that of the 1870 to 1940 French Third Republic, it was incorporated into the current Constitution of France in 1958.

Summary of principles

The Declaration defined a single set of individual and collective rights for all men. Influenced by the doctrine of natural rights, these rights are held to be universal and valid in all times and places. For example, "Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good." They have certain natural rights to property, to liberty, and to life. According to this theory, the role of government is to recognize and secure these rights. Furthermore, the government should be carried on by elected representatives.

When it was written, the rights contained in the declaration were only awarded to men. Furthermore, the declaration was a statement of vision rather than reality. The declaration was not deeply rooted in either the practice of the West or even France at the time. The declaration emerged in the late 18th century out of war and revolution. It encountered opposition, as democracy and individual rights were frequently regarded as synonymous with anarchy and subversion. This declaration embodies ideals and aspirations towards which France pledged to struggle in the future.

Substance

The Declaration is introduced by a preamble describing the fundamental characteristics of the rights, which are qualified as "natural, unalienable and sacred" and "simple and incontestable principles" on which citizens could base their demands. In the second article, "the natural and imprescriptible rights of man" are defined as "liberty, property, security and resistance to oppression". It called for the destruction of aristocratic privileges by proclaiming an end to feudalism and to exemptions from taxation, freedom, and equal rights for all "Men" and access to public office based on talent. The monarchy was restricted, and all citizens had the right to participate in the legislative process. Freedom of speech and press were declared, and arbitrary arrests outlawed.

The Declaration also asserted the principles of popular sovereignty, in contrast to the divine right of kings that characterized the French monarchy, and social equality among citizens, "All the citizens, being equal in the eyes of the law, are equally admissible to all public dignities, places, and employments, according to their capacity and without distinction other than that of their virtues and of their talents," eliminating the special rights of the nobility and clergy.

Articles

Article I – Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.

Article II – The goal of any political association is the conservation of the natural and imprescriptible rights of man. These rights are liberty, property, safety and resistance against oppression.

Article III – The principle of any sovereignty resides essentially in the Nation. No body, no individual may exercise any authority which does not proceed directly from the nation.

Article IV – Liberty consists of doing anything which does not harm others: thus, the exercise of the natural rights of each man has only those borders which assure other members of the society the fruition of these same rights. These borders can be determined only by the law.

Article V – The law has the right to forbid only actions harmful to society. Anything which is not forbidden by the law cannot be impeded, and no one can be constrained to do what it does not order.

Article VI – The law is the expression of the general will. All the citizens have the right of contributing personally or through their representatives to its formation. It must be the same for all, either that it protects, or that it punishes. All the citizens, being equal in its eyes, are equally admissible to all public dignities, places, and employments, according to their capacity and without distinction other than that of their virtues and of their talents.

Article VII – No man can be accused, arrested nor detained but in the cases determined by the law, and according to the forms which it has prescribed. Those who solicit, dispatch, carry out or cause to be carried out arbitrary orders, must be punished; but any citizen called or seized under the terms of the law must obey at once; he renders himself culpable by resistance.

Article VIII – The law should establish only penalties that are strictly and evidently necessary, and no one can be punished but under a law established and promulgated before the offense and legally applied.

Article IX – Any man being presumed innocent until he is declared culpable if it is judged indispensable to arrest him, any rigor which would not be necessary for the securing of his person must be severely reprimanded by the law.

Article X – No one may be disquieted for his opinions, even religious ones, provided that their manifestation does not trouble the public order established by the law.

Article XI – The free communication of thoughts and of opinions is one of the most precious rights of man: any citizen thus may speak, write, print freely, except to respond to the abuse of this liberty, in the cases determined by the law.

Article XII – The guarantee of the rights of man and of the citizen necessitates a public force: this force is thus instituted for the advantage of all and not for the particular utility of those in whom it is trusted.

Article XIII – For the maintenance of the public force and for the expenditures of administration, a common contribution is indispensable; it must be equally distributed to all the citizens, according to their ability to pay.

Article XIV – Each citizen has the right to ascertain, by himself or through his representatives, the need for a public tax, to consent to it freely, to know the uses to which it is put, and of determining the proportion, basis, collection, and duration.

Article XV – The society has the right of requesting an account from any public agent of its administration.

Article XVI – Any society in which the guarantee of rights is not assured, nor the separation of powers determined, has no Constitution.

Article XVII – Property being an inviolable and sacred right, no one can be deprived of private usage, if it is not when the public necessity, legally noted, evidently requires it, and under the condition of a just and prior indemnity.

Active and passive citizenship

While the French Revolution provided rights to a larger portion of the population, there remained a distinction between those who obtained the political rights in the Declaration of the Rights of Man and of the Citizen and those who did not. Those who were deemed to hold these political rights were called active citizens. Active citizenship was granted to men who were French, at least 25 years old, paid taxes equal to three days work, and could not be defined as servants. This meant that at the time of the Declaration, only male property owners held these rights. The deputies in the National Assembly believed that only those who held tangible interests in the nation could make informed political decisions. This distinction directly affects articles 6, 12, 14, and 15 of the Declaration of the Rights of Man and of the Citizen, as each of these rights is related to the right to vote and to participate actively in the government. With the decree of 29 October 1789, the term active citizen became embedded in French politics.

The concept of passive citizens was created to encompass those populations excluded from political rights in the Declaration of the Rights of Man and of the Citizen. Because of the requirements set down for active citizens, the vote was granted to approximately 4.3 million Frenchmen out of a population of around 29 million. These omitted groups included women, the poor, enslaved people, children, and foreigners. As the General Assembly voted upon these measures, they limited the rights of certain groups of citizens while implementing the democratic process of the new French Republic (1792–1804). This legislation, passed in 1789, was amended by the creators of the Constitution of the Year III to eliminate the label of an active citizen. The power to vote was then, however, to be granted solely to substantial property owners.

Tensions arose between active and passive citizens throughout the Revolution. This happened when passive citizens started to call for more rights or openly refused to listen to the ideals set forth by active citizens.

Women, in particular, were strong passive citizens who played a significant role in the Revolution. Olympe de Gouges penned her Declaration of the Rights of Woman and of the Female Citizen in 1791 and drew attention to the need for gender equality. By supporting the ideals of the French Revolution and wishing to expand them to women, she represented herself as a revolutionary citizen. Madame Roland also established herself as an influential figure throughout the Revolution. She saw women of the French Revolution as holding three roles; "inciting revolutionary action, formulating policy, and informing others of revolutionary events." By working with men, as opposed to working apart from men, she may have been able to further the fight for revolutionary women. As players in the French Revolution, women occupied a significant role in the civic sphere by forming social movements and participating in popular clubs, allowing them societal influence, despite their lack of direct political power.

Women's rights

The Declaration recognized many rights as belonging to citizens (who could only be male). This was despite the fact that after The March on Versailles on 5 October 1789, women presented the Women's Petition to the National Assembly in which they proposed a decree giving women equal rights. In 1790, Nicolas de Condorcet and Etta Palm d'Aelders unsuccessfully called on the National Assembly to extend civil and political rights to women. Condorcet declared that "he who votes against the right of another, whatever the religion, color, or sex of that other, has henceforth abjured his own". The French Revolution did not lead to a recognition of women's rights and this prompted Olympe de Gouges to publish the Declaration of the Rights of Woman and of the Female Citizen in September 1791.

The Declaration of the Rights of Woman and of the Female Citizen is modeled on the Declaration of the Rights of Man and of the Citizen and is ironic in the formulation and exposes the failure of the French Revolution, which had been devoted to equality. It states that:

This revolution will only take effect when all women become fully aware of their deplorable condition, and of the rights, they have lost in society.

The Declaration of the Rights of Woman and of the Female Citizen follows the seventeen articles of the Declaration of the Rights of Man and of the Citizen point for point. Camille Naish has described it as "almost a parody... of the original document". The first article of the Declaration of the Rights of Man and of the Citizen proclaims that "Men are born and remain free and equal in rights. Social distinctions may be based only on common utility." The first article of the Declaration of the Rights of Woman and the Female Citizen replied: "Woman is born free and remains equal to man in rights. Social distinctions may only be based on common utility".

De Gouges also draws attention to the fact that under French law, women were fully punishable yet denied equal rights, declaring, "Women have the right to mount the scaffold, they must also have the right to mount the speaker's rostrum".

Slavery

The declaration did not revoke the institution of slavery, as lobbied for by Jacques-Pierre Brissot's Les Amis des Noirs and against by the group of colonial planters called the Club Massiac, because they met at the Hôtel Massiac. Despite the lack of explicit mention of slavery in the Declaration, slave uprisings in Saint-Domingue in the Haitian Revolution were inspired by it, as discussed in C. L. R. James's history of the Haitian Revolution, The Black Jacobins. In Louisiana, the organizers of the Pointe Coupée Slave Conspiracy of 1795 also drew information from the declaration.

Deplorable conditions for the thousands of enslaved people in Saint-Domingue, the most profitable slave colony in the world, led to the uprisings known as the first successful slave revolt in the New World. Free persons of color were part of the first wave of revolt, but later formerly enslaved people took control. In 1794, the convention was dominated by the Jacobins and abolished slavery, including in the colonies of Saint-Domingue and Guadeloupe. However, Napoleon reinstated it in 1802 and attempted to regain control of Saint-Domingue by sending in thousands of troops. After suffering the losses of two-thirds of the men, many to yellow fever, the French withdrew from Saint-Domingue in 1803. Napoleon gave up on North America and agreed to the Louisiana Purchase by the United States. In 1804, the leaders of Saint-Domingue declared it an independent state, the Republic of Haiti, the second republic of the New World. Napoleon abolished the slave trade in 1815. Slavery in France was finally abolished in 1848.

Homosexuality

The vast amount of personal freedom given to citizens by the document created a situation where homosexuality was decriminalized by the French Penal Code of 1791, which covered felonies; the law simply failed to mention sodomy as a crime, and thus no one could be prosecuted for it. The 1791 Code of Municipal Police did provide misdemeanor penalties for "gross public indecency," which the police could use to punish anyone having sex in public places or otherwise violating social norms. This approach to punishing homosexual conduct was reiterated in the French Penal Code of 1810.

Homework

From Wikipedia, the free encyclopedia

Homework is a set of tasks assigned to students by their teachers to be completed at home. Common homework assignments may include required reading, a writing or typing project, mathematical exercises to be completed, information to be reviewed before a test, or other skills to be practiced.

The benefits of homework are debated. Generally speaking, homework does not improve academic performance among young children. Homework may improve academic skills among older students, especially lower-achieving students. It is also believed it creates stress on students and parents, and reduces the amount of time that students can spend in other important activities. Hence, emphasis should be not on how long students spend on the homework but on what they gain through the practice. It can be useful to help students develop their self-regulation skills.

Cultivating self-regulation skills is vital for individuals to become lifelong learners and sustain their growth over time. While developing these skills may require dedication and patience, the long-term benefits can make it worthwhile to some.

Purposes

The basic objectives of assigning homework to students often align with schooling in general. However, assigning homework serves multiple purposes for teachers, which include:

reinforcing skills taught in class
extending skills to new situations
preparing for future class lessons
engaging students in active learning
developing time management and study skills
promoting parent-student communications
encouraging collaboration between students
fulfilling school/district policies
demonstrating a rigorous school program to others
punishing a student or a class

Effects

Academic performance

Homework research dates back to the early 1900s. However, no consensus exists on the general effectiveness on homework. Results of homework studies vary based on multiple factors, such as the age group of those studied and the measure of academic performance.

Younger students who spend more time on homework generally have slightly worse, or the same academic performance, as those who spend less time on homework. Homework has not been shown to improve academic achievements for grade school students. Proponents claim that assigning homework to young children helps them learn good study habits. No research has ever been conducted to determine whether this claim has any merit.

Among teenagers, students who spend more time on homework generally have higher grades, and higher test scores than students who spend less time on homework. Large amounts of homework cause students' academic performance to worsen, even among older students. Students who are assigned homework in middle and high school score somewhat better on standardized tests, but the students who have more than 90 minutes of homework a day in middle school or more than two hours in high school score worse.

Low-achieving students receive more benefit from doing homework than high-achieving students. However, school teachers commonly assign less homework to the students who need it most, and more homework to the students who are performing well. In past centuries, homework was a cause of academic failure: when school attendance was optional, students would drop out of school entirely if they were unable to keep up with the homework assigned.

Non-academic

The amount of homework given does not necessarily affect students' attitudes towards homework and various other aspects of school.

Epstein (1988) found a near-zero correlation between the amount of homework and parents' reports on how well their elementary school students behaved. Vazsonyi & Pickering (2003) studied 809 adolescents in American high schools, and found that, using the Normative Deviance Scale as a model for deviance, the correlation was $r = 0.28$ for white students, and $r = 0.24$ for African-American students. For all three of the correlations, higher values represent a higher correlation between time spent on homework and poor conduct.

Bempechat (2004) says that homework develops students' motivation and study skills. In a single study, parents and teachers of middle school students believed that homework improved students' study skills and personal responsibility skills. Their students were more likely to have negative perceptions about homework and were less likely to ascribe the development of such skills to homework. Leone & Richards (1989) found that students generally had negative emotions when completing homework and reduced engagement compared to other activities.

Busy work

The intention of homework is to further test students' knowledge at home. However, there is a line between productive work and busy work. Busy work has no inherent value; it just occupies time. Karin Chenoweth provides an example of a student taking chemistry who must color a mole for homework. Chenoweth shared how busy work like this can have a negative effect on students, and explained that having this simple drawing is of no worth in terms of learning, yet it lowered the student's grade in class. However, Miriam Ferzli et al. point out that just because an assignment is time consuming does not give students the right to call an assignment "busy work," which can be seen in the case of lab reports, which are indeed time-consuming but which are also key to learning.

One way to promote productive learning starts in the classroom and then seeps into the homework. Brian Cook and Andrea Babon point to the difference between active and passive learning, noting that active learning promotes engagement and "a deeper approach to learning that enables students to develop meaning from knowledge." Cook and Babon discuss the use of weekly quizzes, which are based on the course readings and which test each student's understanding at the end of each week. Weekly quizzes engage not only students, but also teachers, who must look at what is commonly missed, review students' answers, and clear up any misunderstandings.

Sarah Greenwald and Judy Holdener discuss the rise of online homework and report that "online homework can increase student engagement, and students generally appreciate the immediate feedback offered by online homework systems as well as the ability to have multiple attempts after an incorrect solution." Greenwald and Holdener state that after creating effective homework assignments, teachers must also implement the learning from that homework. Greenwald and Holdener point to a teacher who uses a two-step homework process of connecting homework to classroom learning by first assigning homework followed by in-class presentations. The teacher says using class time for following up on homework gives that connection to what is learned in the class, noting, "In the initial step students complete and submit (traditional) homework assignments electronically, and then later they revisit their work through presentations of selected problems during class.

Health and daily life

Homework has been identified in numerous studies and articles as a dominant or significant source of stress and anxiety for students. Studies on the relation between homework and health are few compared to studies on academic performance.

Cheung & Leung-Ngai (1992) surveyed 1,983 students in Hong Kong, and found that homework led not only to added stress and anxiety, but also physical symptoms, such as headaches and stomachaches. Students in the survey who were ridiculed or punished by parents and peers had a higher incidence of depression symptoms, with 2.2% of students reporting that they "always" had suicidal thoughts, and anxiety was exacerbated by punishments and criticism of students by teachers for both problems with homework as well as forgetting to hand in homework.

A 2007 study of American students by MetLife found that 89% of students felt stressed from homework, with 34% reporting that they "often" or "very often" felt stressed from homework. Stress was especially evident among high school students. Students that reported stress from homework were more likely to be deprived of sleep.

Homework can cause tension and conflict in the home as well as at school, and can reduce students' family and leisure time. In the Cheung & Leung-Ngai (1992) survey, failure to complete homework and low grades where homework was a contributing factor was correlated with greater conflict; some students have reported teachers and parents frequently criticizing their work. In the MetLife study, high school students reported spending more time completing homework than performing home tasks. Kohn (2006) argued that homework can create family conflict and reduce students' quality of life. The authors of Sallee & Rigler (2008), both high school English teachers, reported that their homework disrupted their students' extracurricular activities and responsibilities. However, Kiewra et al. (2009) found that parents were less likely to report homework as a distraction from their children's activities and responsibilities. Galloway, Conner & Pope (2013) recommended further empirical study relating to this aspect due to the difference between student and parent observations.

Time use

A University of Michigan Institute for Social Research nationally representative survey of American 15- to 17-year olds, conducted in 2003, found an average of 50 minutes of homework each weekday.

A 2019 Pew Research Center review of Bureau of Labor Statistics' American Time Use Survey data reported that 15-, 16-, and 17-year-olds Americans, spent on average an hour a day on homework during the school year. The change in this demographic's average daily time spent doing homework (during the school year) increased by about 16 minutes from 2003–2006 to 2014–2017. U.S. teenage girls spent more time doing homework than U.S. teenage boys.

A 2019 nationally representative survey of 95,505 freshmen at U.S. colleges, conducted by the UCLA Higher Education Research Institute, asked respondents, "During your last year in high school, how much time did you spend during a typical week studying/doing homework?" 1.9% of respondents said none, 7.4% said less than one hour, 19.5% said 1–2 hours, 27.9% said 3–5 hours, 21.4% said 6–10 hours, 11.4% said 11–15 hours, 6.0% said 16–20 hours, 4.5% said over 20 hours.

Galloway, Conner & Pope (2013) surveyed 4,317 students from ten "privileged, high-performing" high schools in the U.S., and found that students reported spending more than 3 hours on homework daily. 72% of the students reported stress from homework, and 82% reported physical symptoms. The students slept an average of 6 hours 48 minutes, lower than recommendations prescribed by various health agencies.

Homework in the United States, the United Kingdom, and Spain

Homework has been in practice across cultures and societies for over a century. For decades the practice and acceptance of homework as an important part of schooling have also been in question by the arguments that run in the field of education both in its favor or against bouncing back and forth throughout. It was in the late 1900s, that a lot of researchers started writing books and publishing articles presenting their arguments and urging for reforms. Given the extensive scope of the history and practices of homework in various countries, including a comprehensive analysis within this article is not feasible. Therefore, it tried to providing insights into the context of homework in the United States, the United Kingdom, and Spain.

United States

Historically, homework was frowned upon in American culture. With few students able to pursue higher education, and with many children and teenagers needing to dedicate significant amounts of time to chores and farm work, homework was disliked not only by parents, but also by some schools. The students' inability to keep up with the homework, which was largely memorizing an assigned text at home, contributed to students dropping out of school at a relatively early age. Attending school was not legally required, and if the student could not spend afternoons and evenings working on homework, then the student could quit school.

Complaints from parents were common at all levels of society. In 1880, Francis Amasa Walker convinced the school board in Boston to prohibit teachers from assigning math homework under normal circumstances. In 1900, journalist Edward Bok railed against schools assigning homework to students until age 15. He encouraged parents to send notes to their children's teachers to demand the end of all homework assignments, and thousands of parents did so. Others looked at the new child labor laws in the United States and noted that school time plus homework exceeded the number of hours that a child would be permitted to work for pay. The campaign resulted in the US Congress receiving testimony to the effect that experts thought children should never have any homework, and that teenagers should be limited to a maximum of two hours of homework per day. In 1901, the California legislature passed an act that effectively abolished homework for anyone under the age of 15. While homework was generally out of favor in the first half of the 20th century, some people supported homework reform, such as by making the assignments more relevant to the students' non-school lives, rather than prohibiting it.

In the 1950s, with increasing pressure on the United States to stay ahead in the Cold War, homework made a resurgence, and children were encouraged to keep up with their Russian counterparts. From that time on, social attitudes have oscillated approximately on a 15-year cycle: homework was encouraged in the 1950s to mid-1960s; it was rejected from the mid-1960s until 1980; it was encouraged again from 1980 and the publication of A Nation at Risk until the mid-1990s, when the Cold War ended. At that time, American schools were overwhelmingly in favor of issuing some homework to students of all grade levels. Homework was less favored after the end of the Cold War. The debate has since persisted, with numerous books and articles being published on the advantages and disadvantages of homework concerning student learning.

United Kingdom

British students get more homework than many other countries in Europe. The weekly average for the subject is 5 hours. The main distinction for UK homework is the social gap, with middle-class teenagers getting a disproportionate amount of homework compared to Asia and Europe.

Spain

In 2012, a report by the OECD showed that Spanish children spend 6.4 hours a week on homework. This prompted the CEAPA, representing 12,000 Spanish parent associations, to call for a homework strike.

Benefits

Some educators argue that homework is beneficial to students, as it enhances learning, develops the skills taught in class, and lets educators verify that students comprehend their lessons. Proponents also argue that homework makes it more likely that students will develop and maintain proper study habits that they can use throughout their educational career.

Criticisms

Homework and its effects, justifications, motivations and alleged benefits have been the subject of sharp criticism among many education experts and researchers.

Criticism of repetitive tasks, rote learning, and memorization created concerns about students' overall health and well-being. This belief gained momentum, particularly in primary schools, leading to calls for the abolition of homework. Parents also joined the movement, asserting that their children were being deprived of play, relaxation, and quality time due to the burden of excessive homework. They also believed the quality of time with their children has been seriously affected by the too much work given as homework.

According to a study by the Dresden University of Technology, homework—described in the study as "an educational ritual"—has little to no influence on academic performance.

When assigning homework, each student is usually given the same exercises, regardless of how well the student is performing. This leaves some students under-challenged and others overwhelmed by their homework.For others, the degree of difficulty of homework may be appropriate, but students are unable to decide for themselves whether they need to deepen their knowledge in a particular subject or whether to use the time in other subjects with which they experience more difficulty, despite the fact that homework is often seen as a way of encouraging self-regulation.

Homework is sometimes used to outsource school material not completed in class to the home, leaving children with homework that is not designed to be done on their own and parents feeling helpless and frustrated. As a consequence, students often have to use the internet or other resources for help, which provides disadvantages for students without internet access. Thus, such homework fails to promote equality of opportunity. Homework without professional feedback from the teacher has little effect on the learning success of students.

Even if it is generally not wanted by homework distributors (unless homework is given as a punishment), completing homework may take up a large part of the student's free time. It is often the case that children try to finish their homework until late at night, which can lead to sleep disorders and unhealthy stress. Children may feel overwhelmed when they have too much homework, which can negatively affect children's natural curiosity and thirst for knowledge.

A study by the UCL Institute of Education, which concerned the impact of homework in different countries, discovered that the pressure associated with homework causes arguments among family members. The study also showed that homework can lead to anxiety, depression, and emotional exhaustion among children.

A collaboration effort between schools, teachers, and parents plays a crucial role in creating a positive homework environment. Experts recommend that schools and educators actively involve parents in their children's homework by seeking their direct and indirect input and establishing open lines of communication that invite parental engagement. This can create a supportive and conducive homework atmosphere for their students.

Current trends and practices

There has been extensive consideration and discussion on how to redefine the purpose of homework to make it more meaningful for students. However, breaking away from old beliefs and practices that simply assumed completing homework tasks would enhance student motivation, academic achievement, and behavior control required significant effort and time. It was seen as a paradigm shift to rethink homework practice and ensure it catered to the needs of diverse learners. This shift called for teachers to adopt a more comprehensive approach to developing homework and assignments and incorporate them into their teaching. Despite the challenges teachers may encounter, the current belief is that the primary objective of homework is to facilitate student learning while they work on it. Homework should encourage students to actively engage in their learning, articulate their thought processes, and develop or suggest strategies when they encounter difficulties in problem-solving.

Current conversations on the topic suggest the quality of homework matters more than the amount of time spent on it. Fostering a positive attitude and maintaining a healthy balance in all grade levels needs continuous effort from all stakeholders to bring the desired ultimate change in student learning.

Right to education

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Right_to_education

The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. In 2021, 171 states were parties to the Covenant.

In 2021, the new total of out-of-school children reached 250 million, and social inequality major cause.

One place we are seeing a large increase of out-of-school children is Afghanistan, due to their exclusion of girls from school. Around the world, 16% of youth are not attending any sort of schooling, with the primary level of education sitting at 1 out of 10 children not attending. 48% of those children not attending school, are girls and young women.

The Human Rights Measurement Initiative measures the right to education for countries around the world, based on their level of income.

International legal basis

The right to education is reflected in article 26 of the Universal Declaration of Human Rights, which states:

"Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. Parents have a prior right to choose the kind of education that shall be given to their children."

The right to education has been reaffirmed in the 1960 UNESCO Convention against Discrimination in Education, the 1966 International Covenant on Economic, Social and Cultural Rights, the 1981 Convention on the Elimination of All Forms of Discrimination Against Women, the 1989 Convention on the Rights of the Child, and the 2006 Convention on the Rights of Persons with Disabilities.

In Africa, both the 1981 the African Charter on Human and Peoples' Rights and the 1990 African Charter on the Rights and Welfare of the Child recognize the right to education.

In [Europe], Article 2 of the first Protocol of 20 March 1952 to the European Convention on Human Rights states that the right to education is recognized as a human right and is understood to establish an entitlement to education. According to the International Covenant on Economic, Social and Cultural Rights, the right to education includes the right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all in particular by the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education in particular by the progressive introduction of free higher education. The right to education also includes a responsibility to provide basic education for individuals who have not completed primary education. In addition to these access to education provisions, the right to education encompasses also the obligation to eliminate discrimination at all levels of the educational system, to set minimum standards, and to improve quality. The European Court of Human Rights in Strasbourg has applied this norm for example in the Belgian linguistic case. Article 10 of the European Social Charter guarantees the right to vocational education.

According to Indian constitution under 86th Amendment act 2002, There is right to free and compulsory education up to 6–14 years of age.

It has been argued that "International law provides no effective protection of the right to pre-primary education." Just two global treaties explicitly reference education prior to primary school. The Convention on the Elimination of All Forms of Discrimination against Women requires states to ensure equality for girls "in pre-school." And in the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, states agree that access to "public pre-school educational institutions" shall not be denied due to the parents’ or child's "irregular situation with respect to stay." Less explicitly, the Convention on the Rights of Persons with Disabilities requires that "States Parties shall ensure an inclusive education system at all levels."

In 2019 the Abidjan Principles on the Right to Education were adopted by a committee of international human rights law experts following a three-year period of development. Recognized as an authoritative interpretive text by some international and regional bodies such as the United Nations Human Rights Council, the European Committee of Social Rights, the African Commission on Human and Peoples' Rights, and the Inter-American Commission on Human Rights, their purpose is to offer states and other actors a reference frame for addressing tensions and questions related to the involvement in education of private and commercial entities.

In 2022, Human Rights Watch adopted a policy calling on states to make at least one year of free and compulsory, inclusive, quality pre-primary education available and accessible for all children. In doing so they advocated making one year of pre-primary education to be included as part of the minimum core of the right to education. They further called on all states to adopt a detailed plan of action for the progressive implementation of further years of pre-primary education, within a reasonable number of years to be fixed in the plan.

Definition

Education is the access to formal institutional instructions. Generally, international instruments use the term in this sense and the right to education, as protected by international human rights instruments, refers primarily to education in a narrow sense. The 1960 UNESCO Convention against Discrimination in Education defines education in Article 1(2) as: "all types and levels of education, (including such) access to education, the standard and quality of education, and the conditions under which it is given."

In a wider sense education may describe "all activities by which a human group transmits to its descendants a body of knowledge and skills and a moral code which enable the group to subsist". In this sense education refers to the transmission to a subsequent generation of those skills needed to perform tasks of daily living, and further passing on the social, cultural, spiritual and philosophical values of the particular community. The wider meaning of education has been recognised in Article 1(a) of UNESCO's 1974 Recommendation concerning Education for International Understanding, Co-operation and Peace and Education relating to Human Rights and Fundamental Freedoms.

"the entire process of social life by means of which individuals and social groups learn to develop consciously within, and for the benefit of, the national and international communities, the whole of their personal capabilities, attitudes, aptitudes and knowledge."

The European Court of Human Rights has defined education in a narrow sense as "teaching or instructions... in particular to the transmission of knowledge and to intellectual development" and in a wider sense as "the whole process whereby, in any society, adults endeavour to transmit their beliefs, culture and other values to the young."

Assessment of fulfilment

The fulfilment of the right to education can be assessed using the 4As framework, which asserts that for education to be a meaningful right it must be available, accessible, acceptable and adaptable. The 4As framework was developed by the former UN Special Rapporteur on the Right to Education, Katarina Tomasevski, but is not necessarily the standard used in every international human rights instrument and hence not a generic guide to how the right to education is treated under national law.

The 4As framework proposes that governments, as the prime duty-bearers, have to respect, protect and fulfil the right to education by making education available, accessible, acceptable and adaptable. The framework also places duties on other stakeholders in the education process: the child, which as the privileged subject of the right to education has the duty to comply with compulsory education requirements, the parents as the ‘first educators’, and professional educators, namely teachers.

The 4As have been further elaborated as follows:

Availability – funded by governments, education is universal, free and compulsory. There should be proper infrastructure and facilities in place with adequate books and materials for students. Buildings should meet both safety and sanitation standards, such as having clean drinking water. Active recruitment, proper training and appropriate retention methods should ensure that enough qualified staff is available at each school.
Accessibility – all children should have equal access to school services, regardless of gender, race, religion, ethnicity or socio-economic status. Efforts should be made to ensure the inclusion of marginalized groups including children of refugees, the homeless or those with disabilities; in short there should be universal access to education i.e. access to all. Children who fall into poverty should be granted the access of education because it enhances the growth of their mental and social state. There should be no forms of segregation or denial of access to any students. This includes ensuring that proper laws are in place against any child labour or exploitation to prevent children from obtaining primary or secondary education. Schools must be within a reasonable distance for children within the community, otherwise transportation should be provided to students, particularly those that might live in rural areas, to ensure ways to school are safe and convenient. Education should be affordable to all, with textbooks, supplies and uniforms provided to students at no additional costs.
Acceptability – the quality of education provided should be free of discrimination, relevant and culturally appropriate for all students. Students should not be expected to conform to any specific religious or ideological views. Methods of teaching should be objective and unbiased and material available should reflect a wide array of ideas and beliefs. Health and safety should be emphasized within schools including the elimination of any forms of corporal punishment. Professionalism of staff and teachers should be maintained.
Adaptability – educational programs should be flexible and able to adjust according to societal changes and the needs of the community. Observance of religious or cultural holidays should be respected by schools in order to accommodate students, along with providing adequate care to those students with disabilities.

A number of international NGOs and charities work to realise the right to education using a rights-based approach to development.

Historical development

In Europe, before the Enlightenment of the eighteenth and nineteenth century, education was the responsibility of parents and the church. With the French and American Revolution, education was established also as a public function. It was thought that the state, by assuming a more active role in the sphere of education, could help to make education available and accessible to all. Education had thus far been primarily available to the upper social classes and public education was perceived as a means of realising the egalitarian ideals underlining both revolutions.

However, neither the American Declaration of Independence (1776) nor the French Declaration of the Rights of Man and of the Citizen (1789) protected the right to education, as the liberal concepts of human rights in the nineteenth century envisaged that parents retained the primary duty for providing education to their children. It was the states obligation to ensure that parents complied with this duty, and many states enacted legislation making school attendance compulsory. Furthermore, child labour laws were enacted to limit the number of hours per day children could be employed, to ensure children would attend school. States also became involved in the legal regulation of curricula and established minimum educational standards.

In On Liberty John Stuart Mill wrote that an "education established and controlled by the State should only exist, if it exists at all, as one among many competing experiments, carried on for the purpose of example and stimulus to keep the others up to a certain standard of excellence." Liberal thinkers of the nineteenth century pointed to the dangers to too much state involvement in the sphere of education, but relied on state intervention to reduce the dominance of the church, and to protect the right to education of children against their own parents. In the latter half of the nineteenth century, educational rights were included in domestic bills of rights. The 1849 Paulskirchenverfassung, the constitution of the German Empire, strongly influenced subsequent European constitutions and devoted Article 152 to 158 of its bill of rights to education. The constitution recognised education as a function of the state, independent of the church. Remarkable at the time, the constitution proclaimed the right to free education for the poor, but the constitution did not explicitly require the state to set up educational institutions. Instead the constitution protected the rights of citizens to found and operate schools and to provide home education. The constitution also provided for freedom of science and teaching, and it guaranteed the right of everybody to choose a vocation and train for it.

The nineteenth century also saw the development of socialist theory, which held that the primary task of the state was to ensure the economic and social well-being of the community through government intervention and regulation. Socialist theory recognised that individuals had claims to basic welfare services against the state and education was viewed as one of these welfare entitlements. This was in contrast to liberal theory at the time, which regarded non-state actors as the prime providers of education. In 1917 the Mexican constitution was the first to guarantee free and secular education. Later, socialist ideals were enshrined in the 1936 Soviet Constitution, which recognize the right to education with a corresponding obligation of the state to provide such education. The constitution guaranteed free and compulsory education at all levels, a system of state scholarships and vocational training in state enterprises. Subsequently, the right to education featured strongly in the constitutions of socialist states. As a political goal, right to education was declared in F. D. Roosevelt's 1944 speech on the Second Bill of Rights.

The role of education for individuals, the society and the state

Education in all its forms (informal, non-formal, and formal) is crucial to ensure dignity of all individuals. The aims of education, as set out in the International human rights law (IHRL), are all directed to the realization of the individual’s rights and dignity. These include, among others, ensuring human dignity and the full and holistic development of the human personality; fostering physical and cognitive development; allowing for the acquisition of knowledge, skills, and talents; contributing to the realization of the full potential of the individual; enhancing self-esteem and increasing confidence; encouraging respect for human rights; shaping a person’s sense of identity and affiliation with others; enabling socialization and meaningful interaction with others; enabling a person to shape the world around them enables their participation in community life; contributing to a full and satisfying life within society; and empowering and allowing for the increased enjoyment of other human rights.

Education is also transformative for the state and society. As one of the most important mechanisms by which social groups, in particular indigenous peoples and minorities are maintained from generation to generation, passing on language, culture, identity, values, and customs, education is also one of the key ways states can ensure their economic, social, political, and cultural interests.

The main role of education within a society and the state is to:

Allow for the transmission of culture, values, identity, languages, and customs from one generation to the next;
Promote sustainable economic growth;
Foster democratic and peaceful societies;
Encourage participation and inclusion in decision-making processes;
Encourage a rich cultural life;
Help build a national identity;
Promote social justice;
Overcome persistent and entrenched challenges;
Encourage sustainable development, including respect for the environment.

Implementation

International law does not protect the right to pre-primary education and international documents generally omit references to education at this level. The Universal Declaration of Human Rights states that everyone has the right to education, hence the right applies to all individuals, although children are considered as the main beneficiaries.

The rights to education are separated into three levels:

Primary (Elemental or Fundamental) Education. This shall be compulsory and free for any child regardless of their nationality, gender, place of birth, or any other discrimination. Upon ratifying the International Covenant on Economic, Social and Cultural Rights States must provide free primary education within two years.
Secondary (or Elementary, Technical and Professional in the UDHR) Education must be generally available and accessible.
At the University Level, Education should be provided according to capacity. That is, anyone who meets the necessary education standards should be able to go to university.

Both secondary and higher education shall be made accessible "by every appropriate means, and in particular by the progressive introduction of free education".

Compulsory education

The realization of the right to education on a national level may be achieved through compulsory education, or more specifically free compulsory primary education, as stated in both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights.

Right to education for children

The rights of all children from early childhood stem from the 1948 Universal Declaration of Human Rights. The declaration proclaimed in article 1: ‘All human beings are born free and equal in dignity and rights’. The declaration states that human rights begin at birth and that childhood is a period demanding special care and assistance [art. 25 (2)]. The 1959 Declaration of the Rights of the Child affirmed that: ‘mankind owes to the child the best it has to give’, including education. This was amplified by the International Covenant on Economic, Social and Cultural Rights of 1966 which states that: ‘education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. [art. 13 (1)]

The World Declaration on Education for All (EFA) adopted in 1990 in Jomtien, Thailand, states in article 5 that: ‘Learning begins at birth [...] This calls for early childhood care and initial education.’ A decade later, the Dakar Framework for Action on EFA established six goals, the first of which was: ‘expanding and improving early childhood care and education, especially for the most vulnerable and disadvantaged children.’ Protection of children of all ages from exploitation and actions that would jeopardize their health, education and well-being has also been emphasized by the International Labour Organization in Conventions No. 138 on the Minimum Age of Employment (1973) and No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999). The United Nations contributed to such endeavours by the Declaration of the Rights of the Child unanimously adopted by the General Assembly in 1959.

There are various NGO's working towards the right to education. EClickKart is one of such platforms initiated by Rohit N Shetty which states that Education is the basic right and EClickKart is working towards it.

The impact of privatization on the right to education

The privatization of education can have negative effects resulting from insufficient or inadequate monitoring and regulation by the public authorities (schools without licences, hiring of untrained teachers and absence of quality assurance), with potential risks for social cohesion and solidarity. Of particular concern: "Marginalised groups fail to enjoy the bulk of positive impacts and also bear the disproportionate burden of the negative impacts of privatisation." Furthermore, uncontrolled fees demanded by private providers could undermine universal access to education. More generally, this could have a negative impact on the enjoyment of the right to a good quality education and on the realization of equal educational opportunities. However, it can have a positive impact for some social groups, in the form of increased availability of learning opportunities, greater parental choice and a wider range of curricula.

Supplemental private tutoring, or ‘shadow education’, which represents one specific dimension of the privatization of education, is growing worldwide. Often a symptom of badly functioning school systems, private tutoring, much like other manifestations of private education, can have both positive and negative effects for learners and their teachers. On one hand, teaching can be tailored to the needs of slower learners and teachers can supplement their school salaries. On the other hand, fees for private tutoring may represent a sizeable share of household income, particularly among the poor, and can therefore create inequalities in learning opportunities. And the fact that some teachers may put more effort into private tutoring and neglect their regular duties can adversely affect the quality of teaching and learning at school. The growth of shadow education, the financial resources mobilized by individuals and families, and the concerns regarding possible teacher misconduct and corruption are leading some ministries of education to attempt to regulate the phenomenon.

Social inequality

In the year 2019, an estimated 260 million children did not have access to school education on a global scale.

Female education

In the 21st century, gender inequality is still an obstacle to universal access to education.Conservative attitudes towards the female gender role challenge women's and girls' ability to fully exercise their right to education.

Out of 750 million illiterate adults in the world, two-thirds are estimated to be women. This is due to gender inequality, misogynistic violence, as well as, marriage and pregnancy, often associated with poverty and geographic isolation. In the second decade of 21st century, the advocacy for women's right to access education became a global movement through the activism of Malala Yousafzai, a Pakistani Nobel laureate.

COVID-19

The COVID-19 pandemic affected over 90% of the world's students and was responsible for the rise of social inequality in the access to education. The global recession immediate to the pandemic projected drastic consequences on education funding, causing long-lasting effects on the equal right to education. Globally, during the pandemic, markers of gender, class, and ethnicity presented themselves as factors of vulnerability in the access to basic rights such as education and health.

In spite of E-learning, historical objective walks towards the democratization of education access, depending on its quality, it can be a difficulty in the achievement of this right. Students lacking cultural capital, family support, and material conditions (including access to quality electronic equipment and internet) have had their access to education hindered by this modality of education. The return to classroom teaching during the COVID-19 pandemic generated a conflict between the right to health and the right to an education. By returning to the school before the pandemic was fully under control, students were exposed to the SARS-CoV-2. Another aspect chained by the pandemic, that also relates to the right to health, is the damage to students' mental health.

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