Exploring the role of domestic law in human rights education
The research underpinning this article has taken place in the context of a research project that seeks to improve children’s legal capability. Discussions concerning the place of children’s rights in this project led the author to engage with the HRE literature, where they discovered an affinity between the aims of the project and so-called ‘transformative’ HRE. This led to the central question this article explores: how might domestic law and domestic legal processes benefit or inform HRE? Basing its discussion around the familiar notion of HRE being education about, through and for human rights, the article recognises that the radically transformative approach it advocates may be considered too radical by some. Nevertheless, taking the topic of bullying in school as an example, it seeks to demonstrate that knowledge of domestic law and legal processes is essential to addressing the rights violations children experience in their everyday lives.
Bagshaw, R. (2001). Children through Tort. In J. Fionda (Ed.) Legal Concepts of Childhood. Oxford (pp. 127-150). UK: Hart Publishing.
Bajaj, M. (2012). Schooling for Social Change. New York: Continuum International. https://doi.org/10.5040/9781350091221
Bajaj, M., Cislaghi, B. & Mackie, G. (2016). Advancing Transformative human rights education. Appendix D to the Report of the Global Citizenship Commission. New York: Open Book. https://doi.org/10.11647/OBP.0091.13
Balmer, N., Pleasence, P., Hagland, T. and McRae, C. (2019). Law… What is it Good For? How People see the Law, Lawyers and Courts in Australia. Melbourne, Australia: Victoria Law Foundation. Retrieved from https://victorialawfoundation.org.au/research/research-reports/law-what-is-it-good-for-how-people-see-the-law-lawyers-and-courts-in-australia/
Barwick, J., Watkins, D., Kirk, E. & Lai-Chong Law, E. (2018). Adventures with Lex: the gamification of research. Convergence: The International Journal of Research into New Media Technologies, 24(3), 229-250. https://doi.org/10.1177/1354856516677682
Family Lives (2021). Advice on contacting your child's school about bullying. Retrieved from https://www.bullying.co.uk/bullying-at-school/advice-on-contacting-your-child-s-school-about-bullying/
Community Legal Education Ontario (CLEO) (2016). Building an understanding of legal capability: An online scan of legal capability research. Ontario, Canada: CLEO. Retrieved from https://cleoconnect.ca/wp-content/uploads/2019/06/online-scan-legal-capability.September-2016.final_.pdf
Collard, S., Demming, C., Wintersteiger, L., Jones, M. & Seargeant, J. (2011). Public Legal Education Evaluation Framework. London: Personal Finance Research Centre and Law for Life. Retrieved from http://lawforlife.org.uk/wp-content/uploads/2011/12/coreframework-final-version-nov-2011-v2-370.pdf
Coram Children’s Legal Centre (2021). Lawstuff: Bullying. Retrieved from https://lawstuff.org.uk/education/bullying/
Council of Europe (2020). COMPASS: Manual for human rights education with young people (2nd ed.). Strasbourg: Council of Europe Publishing. Retrieved from https://www.coe.int/en/web/compass
Council of Europe (2021). European Court of Human Rights: Questions and Answers. Strasbourg: European Court of Human Rights and Council of Europe. Retrieved from https://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf
Department for Education (2010). United Nations Convention on the Rights of the Child (UNCRC): how legislation underpins implementation in England. London: Department for Education. Retrieved from https://www.gov.uk/government/publications/united-nations-convention-on-the-rights-of-the-child-uncrc-how-legislation-underpins-implementation-in-england
Denvir, C., Balmer, N. & Pleasence, P. (2013). When legal rights are not a reality: do individuals know their rights and how can we tell? Journal of Social Welfare and Family Law, 35(1), 139-160. https://doi.org/10.1080/09649069.2013.774764
Equality and Human Rights Commission (2021). What is the Universal Declaration of Human Rights? Retrieved from https://www.equalityhumanrights.com/en/what-are-human-rights/what-universal-declaration-human-rights
Freire, P. (1970). Pedagogy of the Oppressed. Harmondsworth, UK: Penguin.
Gibson, M.L., & Grant, C.A. (2017). Historicizing Critical Educational Praxis: A Human Rights Framework for Justice-Oriented Teaching. In M. Bajaj (Ed.), Human Rights Education: Theory, Research, Praxis (pp.225-250). Philadelphia, USA: University of Pennsylvania Press. https://doi.org/10.9783/9780812293890-011
Greene, M. (2006). Bullying in Schools: A Plea for Measure of Human Rights. Journal of Social Issues, 62(1), 63-79. https://doi.org/10.1111/j.1540-4560.2006.00439.x
House of Commons (1997, October). Rights Brought Home: The Human Rights Bill Cm 3782. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/263526/rights.pdf
Human Rights Education Associates (HREA) (n.d.). FAQS. Retrieved May 25, 2022, from https://hrea.org/faqs/
Jones, M. (2010). Legal Capability. London: Plenet. Retrieved from https://lawforlife.org.uk/wp-content/uploads/2013/05/legal-capability-plenet-2009-147-1-147.pdf
Kolstrein, A. M., & Jofré, M. I. T. (2013). Bullying: an analysis from the perspective of human rights, target groups and interventions. The International Journal of Children's Rights, 21(1), 46-58. https://doi.org/10.1163/157181812X637136
Lai-Chong Law, E., Watkins, D., Barwick, J. and Kirk, E. (2016). An experiential approach to the design and evaluation of a gamified research tool for Law in Children’s Lives. In Proceedings of the 15th International Conference on Interaction Design and Children (pp. 322-333). New York: Association for Computing Machinery. https://doi.org/10.1145/2930674.2930722
Law for Life (2022). What is PLE? Retrieved from https://www.advicenow.org.uk/lawforlife/public-legal-education
Lundy, L., & Martínez Sainz, G. (2018). The role of law and legal knowledge for a transformative human rights education: addressing violations of children’s rights in formal education. Human Rights Education Review, 1(2), 4-24. https://doi.org/10.7577/hrer.2560
Mackie, L. (2013). Law for Life Legal Capability for Everyday Life Evaluation Report. London: The Gilfillan Partnership. Retrieved from https://lawforlife.org.uk/wp-content/uploads/Law-for-Everyday-Life-Evaluation-report.pdf
Mejias, S. & Starkey, H. (2012). Critical citizens or neo-liberal consumers? Utopian visions and pragmatic uses of human rights education in a secondary school in England. In R. C. Mitchell, S. A. Moore (Eds.), Politics, Participation & Power Relations: Transdisciplinary Approaches to Critical Citizenship in the Classroom and Community (pp. 119–136). Rotterdam: Sense. https://doi.org/10.1007/978-94-6091-743-1_8
Mejias, S. (2017). Politics, Power and Protest: Rights-Based Education Policy and the Limits of Human Rights Education. In M. Bajaj (Ed.), Human Rights Education: Theory, Research, Praxis (pp. 170-194). Philadelphia, USA: University of Pennsylvania Press. https://doi.org/10.9783/9780812293890-009
Middlemiss, S. (2012). Legal Protection for School Pupils who are Victims of Bullying in the United Kingdom? Education Law Journal 13(4), 237-255.
NSPCC (2021). What is Bullying and Cyberbullying? Retrieved from https://www.nspcc.org.uk/what-is-child-abuse/types-of-abuse/bullying-and-cyberbullying/#what
Obiagu, A. (2020). The challenges of teaching for human rights in Nigeria: knowledge, pedagogy and activism. Human Rights Education Review 3(2), 5-26. https://doi.org/10.7577/hrer.3804
Osler, A., & Starkey, H. (2010). Teachers and Human Rights Education. London: Trentham
Osler, A. & Solhaug, T. (2018). Children’s human rights and diversity in schools: Framing and measuring. Research in Comparative & International Education, 13(2), 276-298. https://doi.org/10.1177/1745499918777289
Parle, L. (2009). Measuring Young People’s Legal Capability, London: Plenet. Retrieved from https://www.advicenow.org.uk/sites/default/files/uploads/2013/05/measuring-young-peoples-legal-capability-2009-117.pdf
Rinaldi, S. (2017). Challenges for Human Rights Education in Swiss Secondary Schools from a Teacher Perspective Prospects: Quarterly Review of Comparative Education, 47(1-2), 87-100. https://doi.org/10.1007/s11125-018-9419-z
Sebba, J. & Robinson, C. (2010). An evaluation of UNICEF UK’s Rights Respecting Schools Award: Final report. London: UNICEF UK. Retrieved from https://www.unicef.org.uk/rights-respecting-schools/wp-content/uploads/sites/4/2014/12/RRSA_Evaluation_Report.pdf
Sentencing Council (2022). Assault. Retrieved from https://www.sentencingcouncil.org.uk/outlines/assault
Struthers, A.E.C. (2021). Protecting invisible children in England: how human rights education could improve school safeguarding. Human Rights Education Review, 4 (3), 45-64. http://doi.org/10.7577/hrer.4473
Sturge, G. (2021). Court statistics for England and Wales, House of Commons Library Number CBP 8372. Retrieved from https://commonslibrary.parliament.uk/research-briefings/cbp-8372/
Tibbitts, F. (2002). Understanding what we do: Emerging Models for Human Rights Education. International Review of Education, 48(3-4), 159-171. https://doi.org/10.1023/A:1020338300881
Tibbitts, F. (2017). Evolution of Human Rights Education Models. In M. Bajaj (Ed.), Human Rights Education: Theory, Research, Praxis (pp. 69-95). Philadelphia: University of Pennsylvania Press. https://doi.org/10.9783/9780812293890-005
UK Government (2022). Litigation Friends. Retrieved from https://www.gov.uk/litigation-friend
United Nations Educational, Scientific and Cultural Organization (UNESCO) (2018). New SDG 4 Data on Bullying Information. Referring to publication of Paper No. 54 September 2018, UIS/2018/ED/IP/55. UNESCO Institute for Statistics. Retrieved from http://uis.unesco.org/en/news/new-sdg-4-data-bullying
United Nations (2011). United Nations Declaration on Human Rights Education and Training. Adopted by the General Assembly, Resolution 66/137, A/RES/66/137, 19 December 2011. Retrieved from https://www.ohchr.org/en/resources/educators/human-rights-education-training/11-united-nations-declaration-human-rights-education-and-training-2011
Wallace, D.F. (2005). Kenyon Commencement Address May 21, 2005. Retrieved from https://web.archive.org/web/20080213082423/http://www.marginalia.org/dfw_kenyon_commencement.html
Watkins, D., E Lai-Chong Law, E., Barwick, J. & Kirk, E. (2016). If you are 10 you go to prison: Children’s Understanding of the Age of Criminal Responsibility. Northern Ireland Legal Quarterly, 67(3), 311-26. https://doi.org/10.53386/nilq.v67i3.120
Watkins, D. (2016). Where do I stand? Assessing Children’s capabilities under English law. Child and Family Law Quarterly, 28(1), 25-44. Retrieved from https://www.familylaw.co.uk/docs/pdf-files/2016_01_CFLQ_025.pdf
Watkins, D., Lai-Chong Law, E., Barwick, J. & Kirk, E. (2018). Exploring children’s understanding of law in their everyday lives. Legal Studies, 38(1), 59-78. https://doi.org/10.1017/lst.2017.8
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