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Felisa
Tibbitts, Case Studies in Human Rights
Education: Examples from Central and Eastern Europe,
Council of Europe/HREA, 1997 INFUSING HUMAN RIGHTS INTO A SECONDARY SCHOOL LAW CURRICULUM
In Ukraine, legal education begins in the 9th Form with "The State and Law of Ukraine Basic Course." This course addresses the principles of the State and topics such as the nature of laws and norms. A non-governmental organization, the Ukrainian Center for Human Rights, developed a follow-up human rights course curriculum for the 10th and 11th Forms of high schools, gymnasiums and humanitarian lycea. One hour a week -- or 68 hours over two years' time -- have been allocated by the Ministry of Education for this optional human rights course, which secondary schools with a >legal line= may choose to offer. In Fall 1995, 25 schools were experimenting with the new curriculum, which had been distributed to all 8,000 secondary schools in Ukraine via the national educational bulletin. The human rights course is designed to deepen students' knowledge about the basic rights of the individual and citizen, taking into account a human rights perspective. The course therefore presents not only the rule of law, but the theoretical basis for rights and fundamental freedoms, and related values and ideals. The goal of the course, as stated in the curriculum guide, is to "raise students in the spirit of absolute respect towards human rights and basic freedoms, to elevate the culture of human rights, and to strengthen human dignity and the value of personality." Through the course of study, the designers of the program are hoping that students will become convinced that "life in a democratic society depends upon the freedom and independence of its members" but that these in themselves are merely objective prerequisites for society. A broad array of national and international consultations were used to prepare the conception of the program, including representatives from the Ukrainian State Juridical Academy in Kharkiv. The teacher's manual and student textbooks based on this curriculum were commissioned to working groups that included teachers from throughout Ukraine, as well as specialists from Kyiv Pedagogical University. Twenty pilot teachers were introduced to the drafts in a training and experimented with the program; followed up by a training for 100. The results are a curricular program includes a recommended list of nine sections with 49 topics, which some suggested hours. Under each topic (which is designed to last one class period on average), there are several lesson options, including a structured lesson, discussion topics, and extracurricular activities. The materials present traditional and non-traditional methods of instruction, including discussions, debates, lectures and reports, round-tables, examination of official State documents and the viewing of educational programs. Teacher autonomy is explicitly encouraged, since decisions need to be made about the topics to address, as well as methods for instruction. At the same time, the school is encouraged to involve parents and other community members to participate in human-rights related events, and to invite human rights specialists and groups into the classroom in order to work with students. The
program encourages teachers to be flexible in their grading and
to strive to encourage the students= independent thinking. The logic and
judgment of the students, rather than knowledge exclusively, is
assessed. Other categories of competence mentioned in the program
guide include skills in listening and discussing, arguing
opinions and beliefs, and employment of human rights protection
techniques. The
nine major sections are as follows: Section I. Human Rights: Basic Definitions This
section is devoted to finding the definitions of emergence and
origin of human rights, fundamental freedoms, the different
aspects of these definitions, the principles of indispensability
and unalienable nature of human rights. This section places
special emphasis on the understanding of human dignity. It also
covers the essence and philosophical aspects of human rights,
natural human rights, and legal principles of human rights. Section II. Civil Society and the State Ruled by Law This
part provides students with the possibility to form a perception
about the nature and character of a lawful state, its function
and main principles. It aims to define how a lawful nation
organizes and guarantees the fulfillment of fundamental human
rights. This helps students to understand civil society, its
specific features and interrelations with political power, and
the basic directions for reform in Ukrainian society. This topic
addresses fundamental Ukrainian laws and the Constitution. Section III. International Standards and International Mechanisms of Securing Human Rights This
section aims to highlight the basic definitions concerning the
essence of international standards in the domain of human rights,
the history of their origin, the cause for and the necessity of
their existence, and the legal force of international instruments
in the sphere of human rights. Among other documents, students
will become familiar with the Universal Declaration of Human
Rights and international organizations responsible for ensuring
on an international level the realization of human rights. These
include the United Nations, the Council of Europe, the European
Union and the OSCE. Section IV. Civil and Political Rights and Individual Freedoms This
section helps students to understand the contents and essence of
civil and political rights, and the classification features of
human rights. Much attention is paid to relating these rights to
the Universal Declaration, the Pact on Civil and Political
Rights, as well as the Constitution of Ukraine. Students should
complete this section with a better understanding of the notions "freedom," "equality," and "legal personality." Section V. Economic, Social and Cultural Rights This
section continues to acquaint students with the contents and
essence of human rights, focussing on those pertaining to a
decent standard of living, family welfare, work conditions, and
the right to education and participation in cultural life.
Necessary references are made to the Pact on Economic, Social and
Cultural Rights and to the efficiency of Ukrainian legislation in
resolving economic, social and cultural problems of citizens,
foreigners and persons without citizenship. Section VI. Other Categories of Rights This
section introduces the rights of nations to self-determination
and relates the importance of this right to national, religious
and ethnic minorities, as well as other groups in a population.
Special topics focus on women's rights and children's rights, and appropriate
reference is made to the Convention on Children's Rights and its
relationship to corresponding Ukrainian law. Section VII. Violation of Human Rights and Counteraction Thereof This section gives students a chance to form an idea about crime against humanity; to understand discrimination in all its form, as well as its roots; to consider such notions as genocide, apartheid, racism, slavery and to give modern examples; and to give examples of how the world community fights crime. Special problems concerning discrimination against indigenous populations, national minorities, refugees and emigrant workers are also examined.
This
section examines the issues of securing the protection of human
rights on both national and international levels. A country ruled
by law uses such laws to help secure fundamental human rights.
Students will be introduced to the constitutional provision of
these laws, the Ukrainian judicial system, and the role of
lawyers, ombudsmen and Ukrainian non-governmental organizations
in the protection of rights. International mechanisms such as UN
Commissions, the Human Rights UN Center, the European Commission
and the European Court are also introduced. Section IX. Practical Aspects of Protection by Ukrainian Citizens of their Rights and Lawful Interests This section helps students develop skills to actively and expertly protect their rights and interests, as well as the rights and interests of other citizens, through the legislative, executive and judicial branches of power as well as appeals to the mass media and non-governmental organizations.
In addition to the curricular program, the Ukrainian Center for Human Rights has designed student texts and a teacher's methodological guide to assist teachers in classroom implementation. The student text includes key components of the curricular program, plus an Appendix of eight key human rights documents. The teachers' methodological guide also includes such an Appendix, plus related Ukrainian laws and regulations pertaining to human rights, and an elaboration on lessons that accompany particular topics of the course. The Ukrainian Center is hoping that the materials will be faithfully used in schools this year, and intend to provide additional support to teachers in the future through follow-up trainings. The Pedagogical University in Kyiv, whose activity-based methodological innovations contributed to the content of the Teachers' Guide, will be involved in future trainings related to the program.
Felisa Tibbitts
For more information or questions contact: Ludmila Zablotska
© Human Rights Education Associates, 1997
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