‘Education does not change the world. Education changes people. People change the world.’ — Paulo Freire, Brazilian Philosopher and Educator
In the 2018/2019 academic year, Yvette Russell and I will be (for the first time) teaching a unit called Law and Race. It is a very exciting prospect, not least because there are very few law schools in the UK who teach race in any direct or focused way, and much fewer have a unit dedicated to race. This has been an intellectually stimulating enterprise for both of us, and in this article, I would like to explain why we have embarked on it and what we hope to achieve.
The history of the world can be perceived as the history of continuing inequalities. Oftentimes, race functions as the motivation for and justification of oppressive social, cultural, economic and political structures. This is evidenced by colonisation, slavery, and persistent global racial inequalities that cut across gender and class. Law has often been used to create, justify or maintain these demarcations. Notwithstanding this, legal study often ignores the correlation between race and law, as well as the paradox inherent in the use of law to both oppress and liberate. In our unit we aim to examine legal history and the current state of the law in a critical exploration of how legal evolution has impacted upon and caused racial disparities, and how these factors are continuously consciously and unconsciously embedded and reproduced within the operation of law. (more…)
On 14 April 2017, it will be three years since we heard the news that 230 schoolgirls had been kidnapped by Boko Haram, causing global shock and horror. Since then, some have been released, and some escaped. However, focus on the Chibok schoolgirls, often overshadows the greater tragedy.
Amnesty International suggests that over 2,000 girls and women have been abducted by Boko Haram across the North of Nigeria. Though, Borno state, (with a landmass slightly larger than Croatia) and its people have borne the brunt of Boko Haram. Boko Haram is the sobriquet for a group whose activities are predicted on a violent abhorrence for ‘Western’ education. The Arabic names they call themselves translate into ‘Group of the People of Sunnah for Preaching and Jihad’ and ‘Islamic State West Africa Province.’ Their vicious campaigns have kept an estimated 120,000 students from education of any kind. Andrew Walker’s book ‘Eat the Heart of the Infidel’ examines how Boko Haram trades on the currency of religion and the politicisation of education to sell violence to its adherents.
Obviously, if any case is to be made against them as regards the abductees, a cause of action would properly lie within national criminal laws or for crimes against humanity. However, due to the ESC nature of the right to education, the 120,000 students who have been excluded from school seem to have very little recourse to contest the violation of their right to education. This is because ESC rights are largely seen as non-justiciable. Also, the demarcation of rights into ESC and civil/political rights does not reflect the historicity and needs of the populace. An interesting approach to this incongruous distinction is taken by the Inter-American Court of Human Rights (IACrtHR). What lessons, I ask, can we learn from the court? (more…)