Do direito à educação nos documentos internacionais de proteção dos direitos humanos o caso da educação superior

• Ano de defesa: 2009
• Autor(a) principal: Borges, Maria Creusa de Araújo
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraí­ba; BR; ciências Juridicas; Programa de Pós Graduação em Ciências Jurídicas; UFPB
• Palavras-chave em Português: ONU; UNESCO; Instrumentos internacionais de Proteção dos direitos humanos; Direito à educação; Educação superior; United Nations; International instruments of protection of human rights; Right to education; Higher Education; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/tede/4369

The problematic regarding the assertion of the right to education, internationally speaking, as from the creation of the UN in 1945, composes the subject of this dissertation. The combination of desires between nations in favor of establishing an organization for international cooperation in the economic, social and political life after World War II, results of the atrocities committed to human beings by totalitarian nations before and during this global conflict. In the face of human rights violations, the UN, through its Charter, establishes the purpose of setting up a new international order based on the development of friendly relations among nations, and above all, on promoting respect for human rights. Thus, through the legislative work of the organization, human rights are raised to a subject of considerable interest, becoming the object of regulatory instruments and international documents aimed at its protection. In this setting, education is posited as a key element for the promotion of human rights and, above all, recognized as a right, from elementary education to higher levels of schooling. Therefore, the assertion of that right is examined in the Universal Declaration of Human Rights (1948) and the Covenant on Economic, Social and Cultural Rights (1966), instruments that result from the production norms of the UN, and the documents produced under the auspices of UNESCO, UN agency specialized in education, which revolves around higher education, the main focus of the analysis of the right to education. The documental review indicates that the recognition of the right to education is conducted in different ways, according to the levels of education. Education is guaranteed as a right for all, but the gratuity and obligatoriness focus on the elementary levels, while access to higher education is guided by the criterion of individual capacity. The occurrence of the argument of the minimum obligations of Nations in relation to economic, social and cultural rights is to be observed, because when unfulfilled, lead mainly to developing recommendations and observations for the nations. However, despite these limitations, required elements of the right to education are identified, which must complied with at international level, as much as in the context of the internal legal system of the nations.