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This annual report of the National Council on Disability surveys major legal and policy developments during the year 2002 and offers recommendations for legal/policy measures and for research. The first chapter identifies legal and policy issues that cross traditional areas, focusing on six themes: (1) the mainstreaming of disability issues; (2) the rise of the technical assistance model; (3) evidence-based decision making; (4) cost-effectiveness; (5) intergovernmental coordination; and (6) budgetary constraint. The following chapters summarize findings and offer recommendations for the following areas: disability statistics and research; civil rights; education; health care; long-term services and supports; youth; employment; welfare reform; housing; transportation; assistive technology and telecommunications; international issues; and homeland security. Concluding chapters list the recommendations presented in each chapter and summarize major activities of the National Council on Disability. (Contains 120 references.) (DB)

A common misconception among first-year university students is that the United States provides unabridged, uncensored absolute free speech rights. Evidently these assumptions are derived from popular press and entertainment industry images which place heavy emphasis on one end of the debate. It is a shock for some students to be exposed to the other side of the debate, i.e., the reality that there are some restrictions on free speech which exist, in part, for the protection of the individual. This paper first provides a historical context for free speech and government restrictions, citing court pronouncements on the issue. The paper discusses the results of the State of the First Amendment survey, taken after September 11, 2001, describing a pendulum shift in the wake of the attack on the United States. Forty-nine percent (49%) said the First Amendment goes too far in the rights it grants, a 10% jump from the previous year. It considers 1947's Hutchins Commission, which proposed guidelines related to press responsibility to be used to address the balancing question faced by decision-makers of that generation. It focuses on one post-9/11 free expression advocate, OMB Watch, an organization concerned about the government going too far in restricting access to documents in the wake of 9/11. The paper notes that the Information Age presents challenges not previously encountered in the way information is disseminated in times of war and national crisis. It finds that two mutually exclusive goals, the right of the people to know, and the obligation of the government to protect its citizens in time of war, cannot both be satisfied in their entirety. (Contains 18 references.) (NKA)

In 2002, the U.S. Department of Education established the Commission on Opportunity in Athletics to collect information, analyze issues, and obtain public input related to improving the application of current standards for measuring equal opportunity for boys and girls to participate in athletics under Title IX. The National Coalition of Woman and Girls in Education believes that: no changes to the Title IX standards are necessary; what is needed to ensure equal opportunity is vigorous federal enforcement of Title IX and its implementing policies; and a pull-back on the nation's commitment to civil rights should not be precipitated by institutional financial decisions to emphasize selected sports programs, reduce the size of men's sports programs, or otherwise determine appropriate athletic program size and expense. This report demonstrates that: female athletes are still not receiving equal treatment or opportunities to participate; Title IX has been wrongly blamed for cuts to some men's sports teams at some institutions; and women are just as interested in athletics as men. Eight responses to questions from the Commission are presented. The report examines: Title IX and its impact on athletic opportunities; trends of discontinuation of men's and women's teams, financial issues facing schools (and solutions), and other issues raised by the Commission. (Contains 27 references.) (SM)

This paper reviews the statistical evidence of lesbian, gay, bisexual, or transgender (LGBT) violence in the United States and in the world. Statistics are from Amnesty International and the New York City Gay and Lesbian Anti-Violence Project. Reasons why this violence exists and international human rights responses are reviewed. In addition, research on homophobia, homonegativity, and antigay violence is also reviewed. An argument for a greater role in the amelioration of prejudice against LGBT people by the American Psychological Association as the premier psychological organization involved in social justice issues around the world is presented. The paper concludes with recommendations for future directions. (Contains 25 references.) (Author/GCP)

Beginning with a brief history of homeschooling in America, this paper discusses literature describing today's population of homeschoolers. Although older, the binary typology offered by Van Galen (1987, 1991) to categorize the motivations of homeschoolers is still utilized in much of the homeschooling literature. Van Galen breaks homeschoolers into two basic groups: the ideologues, who have ideological conflicts with schools, and the pedagogues, who dislike the pedagogy employed in traditional forms of education. Using Van Galen's rubric as a starting point, the paper considers existing research about the characteristics and motivations of homeschoolers. Although this extant research is quite limited, it nonetheless highlights the need for an expanded framework. To this end, the paper offers suggestion for a slightly more detailed typology, arising from the author's research of homeschooling. The paper concludes with a brief sampling of the types of knowledge and insight that homeschooling research may offer concerning the strengths, weaknesses, and future of American schooling. (Contains 90 references.) (Author)

This paper provides examples of polygraph misuses; details the increasing use of the polygraph inside and outside of law enforcement; explains what a polygraph is, what a typical polygraph test might consist of and its weaknesses in the detection of truth; and analyzes the available research with specific reference to the validity and reliability of the polygraph as scientific evidence. The paper notes that the modern polygraph was invented in 1923 by psychologist Leonard Keeler at the University of California (Berkeley) for use in experimental psychology and not as a lie detector. It discusses the polygraph as a First Amendment issue and as a violation of privacy. (Contains 33 references.) (BT)

When homeschooling parents discuss public schools, they often draw on their own notions of citizenship, and each parent's view of public schools is also likely influenced by his or her larger view of government's proper role in society. This article reports on a 3-year study designed to seek a better understanding of these issues. The study explored homeschoolers' interactions with broader social institutions, especially public schools, and examined the relationship between parents' homeschooling decisions and their notions of democracy. This article draws on democratic theory to highlight the tensions between the ideals that homeschoolers espouse and the implementation of these ideals in their daily lives. The investigation brought to light several tensions reflective of larger conflicts faced by Americans. In a pluralistic society, it is difficult to arrive at educational policies acceptable to all involved or that fully meet the needs of all students and families. It is often equally difficult for parents to steadfastly match their private decisionmaking to their public vision of schooling. The article explores these and other contradictions in homeschoolers' views of public schools and their actual practices and offers some insights into how inconsistencies surface in the broader discourse surrounding education in America. (Author/WFA)

Approaching corporal punishment of children in school as a human-rights issue, this paper explores the impact of the European Court of Human Rights on education policy in Europe and the implications it raises for school policy in the United States. Simply stated, the court holds that students have legal rights that schools are obligated to respect, particularly as they relate to corporal punishment. This paper discusses students' rights within a central conceptual framework of human rights. It examines school discipline from a historical perspective; includes a brief literature review on student rights, particularly as they relate to physical discipline; presents theoretical arguments for extending rights to students; and presents an overview of litigation from the European court that advances student rights. In addition, there are suggestions for policymakers, administrators, and teachers for creating policy that addresses discipline and classroom management while respecting the authority of teachers and the rights of students in the classroom. Finally, there is a brief analysis and interpretation of the rulings of the European court on the rights of both teachers and students, and implications for policymakers stemming from these rulings. (Contains 52 references and a table of eight representative cases from European courts.) (WFA)

Ten years ago in the Harare Declaration, heads of government from across the British Commonwealth committed to upholding critical commonwealth-held values. While initially focusing on Human Rights Education, the Commonwealth Secretariat set about enabling member governments to promote greater awareness, education, and training supporting democracy, human rights, and respect for individual freedoms. In 2002, the Commonwealth Secretariat's Education Department undertook a deeper level of study of the education institutions which, through their programs, are seeking to further this initiative and to assess lessons learned and to determine the future. The Ministries of Education of two Caribbean small states, Trinidad and Tobago and Guyana, both with issues of multiculturalism, diversity, and ethnicity high on the political agenda, have supported a Secretariat-driven initiative to enable information gathering on citizenship education in school-based and non-formal education forums. Following identification of and interviews with potential partners, a search conference activity in both states was conducted, culminating in a draft Caribbean Action Agenda for Citizenship Education to solidify and deepen the thrust. This paper discusses the impact of state size on the education system; citizenship education as cultural values transmission; issues of context vs. curriculum content; Jamaica: socioeconomic challenges to education; Montserrat; and impact of environmental hazards. The paper finds that the future of the Citizenship Education Initiative must consider the context, milieu, and environment in which the curriculum is taught. It is important to approach the dissemination of the initiative from the perspective of the learner rather than the teacher. (Contains 12 notes.) (BT)

This report recounts the process of desegregation of the education service in the London (England) borough of Newham. It shows how inclusion in the borough began and was sustained by an understanding of inclusion as a human rights issue. It charts the steps which brought about the closure of most of the authority's separate special schools and units over an 18-year period (1984-2002). This publication covers the early days of council policy making, the consultations and compromises, and how those seeking change responded to concerns while keeping their vision in focus. Individual sections address key points, achievements and constraints, history and origins, the arrival of the policy, implementation of the policy, moving onwards, comments and concerns, and a 1996-2002 update. The authors conclude that, if there had been a stronger national strategy to counter deeply embedded prejudices and fears about disability, progress toward inclusion in Newham and elsewhere would have been faster. They urge the borough to take a lead in pursuing national legislation that will establish inclusion as a human right. A time chart, a closure chart, and a list of sources and useful addresses complete the report. (DB)

Children with serious emotional disturbance have the civil right to receive services in the most integrated setting appropriate to their needs. They further have the human right to be raised in their families and communities, with their individual needs guiding the service array provided. These civil and human rights are embodied in the Americans with Disabilities Act (ADA) and the values and principles of the System of Care. The Supreme Court held, in "Olmstead v. L.C.", that under the ADA, it is discrimination for a state needlessly to institutionalize an individual with a disability. This paper highlights the need for Olmstead efforts to address this discrimination by focusing specifically on children with serious emotional disturbances. It begins with a brief discussion of the Olmstead decision and principles to guide an Olmstead planning process. It then sets forth the values and principles of a System of Care. It outlines the current status of Olmstead planning for children before setting out some questions that must be answered in developing a comprehensive plan for children that is responsive to their civil and human rights. The document is designed to give some guidance to family advocates and state policymakers interested in statewide, systemic reform. It is hoped that they will use it to expand and guide their efforts to ensure that children are not left behind in the civil rights movement on behalf of individuals with disabilities. (GCP)

This report documents civil violations and discriminatory actions against Roma in Romania, contending that, due to the Romanian government's inadequate efforts to bring perpetrators of anti-Romani crimes to justice and to eradicate discrimination against Roma, a climate of impunity surrounding anti-Romani actions has taken deep root. Chapter 1 introduces the problem. Chapter 2 offers a brief history of Roma rights in Romania. Chapter 3 details how Roma are denied justice when they complain of human rights abuse. Chapter 4 addresses the culture of impunity to which such widespread failures of justice have given rise, describing recent cases of violence against Roma in Romania. Chapters 5 and 6 examine abuses of political rights of Roma in Romania and child homelessness and institutionalization. Chapter 7 presents discrimination issues, highlighting discrimination in access to housing, medical care, employment, and goods and services. Chapter 8 discusses education and educational segregation. Chapter 9 comments on the recently adopted government program on Roma. The report concludes with a series of recommendations to the Romanian government aimed at improving human rights for Roma. An appendix presents the Romanian Government Ordinance on Preventing and Punishing All Forms of Discrimination. (Contains 87 references.) (SM)

Simply put, human rights education is learning that develops the knowledge, skills, and values of human rights. Growing consensus around the world recognizes education for and about human rights as essential. It can contribute to the building of free, just, and peaceful societies. Human rights education also is increasingly recognized as an effective strategy to prevent human rights abuses. Starting in April 2000, surveys, which were developed through consultation with human rights educators across the nation, were mailed to a select sample of 120 knowledgeable persons in state education, asking them to respond to questions about the level of inclusion of human rights topics within their state policies. This initial analysis of data is based on surveys returned from all 50 states. The first survey question asked whether the respondent's state had statewide mandates, standards, guidelines, or proficiencies for human rights education. The only data reviewed here are from those states responding in the affirmative (40% of the states) If the belief is that there is a role for human rights and/or peace education within the K-12 school curriculum, then it is both useful and relevant to understand to what extent the states are already complying. Through this initial survey, findings suggest that while progress has been made, there is still a long road ahead. Issues arise as to conflicting definitions and vocabulary, enforcement, and assessment. And no mandate can assure student learning without the active involvement of the classroom teacher. That is the next and most important level of this study. (Contains 26 references. Appended are state responses.) (BT)

This 2001 edition of Educational International's (EI) "Barometer on Trade Union and Human Rights in the Education Sector" focuses on four fundamental human rights: (1) the right to education; (2) academic freedom; (3) children's right to be protected from exploitation; and (4) workers' rights to form and join trade unions and to organize and bargain collectively. The aim of the "Barometer" is to demonstrate the inter-relationship of these four internationally established rights and to measure and monitor the extent to which, in each country where EI has members, they are respected. Noting that since 1998 EI's membership has extended to include organizations in five additional countries or territories (Azerbaijan, Georgia, Kyrgyzstan, Palestine, and Sao Tome and Principe), the Barometer now covers data on 155 countries and territories. It finds that what emerges from this second country by country examination of education rights and trade union rights in the education sector is both positive and negative. Positive because EI member organizations have demonstrated their ability to put education on the international agenda, and negative because there is little evidence of effective change at the local level. The Barometer also highlights the devastating effect that HIV-AIDS is having and the extent to which it is not only an obstacle to improving education rights and eliminating child abuse but a threat to those limited gains already made. Following a foreword and an introduction, the Barometer is divided into sections on Africa, Asia and the Pacific, Europe, Latin America, and North America and the Caribbean. Appendixes list 11 U.N. and international conventions. (Lists 16 main published sources.) (BT)

This paper discusses the protection of linguistic rights, focusing on the constitutional and legal experience in Europe. It addresses state plurilingualism, then examines general principles (the legal status of languages, equality, and multilingualism in representative institutions). Next, it discusses recognition of linguistic rights (the right to linguistic choice, to education, and to be attended to in the language of the citizen's choice; rights in the judicial field; and the right of a community to self-identification). The paper examines plurilingual state models, introducing a classification established by the doctrine when trying to distinguish--in the case of multilingual states--between plurilingual states and states with linguistic minorities. The first category (plurilingual states) includes those states claiming the existence of more than one official language; the formal, legal, social, and political equality of the languages and the linguistic communities; the regulation of citizens' linguistic rights and use of languages in public intersubjective relationships; and the establishment of education or training systems of or in the official languages. A second classification in this category is horizontal or vertical plurilingualism. In states with linguistic minorities, the minority languages are not treated as official languages, though they can be protected by international law via bilateral treaties between states or constitutions and state domestic law. (SM)

This report describes the British Columbia Human Rights Commission's activities during 2000-01. The Commission held public hearings to learn about barriers that prevent Aboriginal students from full participation in the British Columbia education system, and published a report on the findings with recommendations for improving educational opportunities for Aboriginal students. Workshops were held to instruct non-profit groups in assisting people filing human rights complaints, and to let the public hear about the Commission's work and what they can do to promote human rights in their communities. The Commission hosted the annual conference of the International Association of Official Human Rights Agencies and received the Association's International Award for successfully raising international awareness about human rights issues. A report was released calling for a renewed employment equity strategy for the public service sector that included a detailed implementation and monitoring plan. A program was sponsored in which students submitted works of art showing how promoting human rights can help prevent bullying, discrimination, and homophobia. The Commission lobbied the government to introduce legislation to end discrimination faced by people living in poverty and those who use assistive animals. A guide was published to assist employers in developing and implementing anti-harassment policies. The Commission's public interest program produced three research reports. The complaints process is described, and statistics for the year 2000-01 are presented. Sidebars describe cases the Commission pursued. (TD)

Various professional organizations whose members are involved in testing have written standards that acknowledge the rights of test takers. The Joint Committee on Testing Practices, composed of delegates from six professional associations, has produced an enumeration of rights and responsibilities of test takers. This document explains the historical events that led to the development of the draft document. There is a summary of the role of governmental agencies, professional standards, and state and federal guidelines on the practice of testing. The debate on whether participants should have feedback on all testing results is included. Both the rights of the test takers and their responsibilities are considered. It is hoped that this document will serve to improve the ability of the testing profession to advance society. Appendix 1 is the Rights and Responsibilities of the Test Takers: Guidelines and Expectations. (Contains 10 references.) (JDM)

Education International (EI) convened its affiliates worldwide on the occasion of its third World Congress in Jomtien, Thailand in July 2001. EI is a worldwide trade union organization of education personnel, whose 25 million members represent all sectors of education from preschool to university, 311 national trade unions and associations in 159 countries and territories. At the 2001 World Congress, the EI member organizations stated their wish that EI continue to mobilize teachers, trade unionists, and the international community around issues such as the right to quality public education for all human beings, controlled globalization, greater social justice and better cooperation among people. This document contains a comprehensive presentation of resolutions adopted by EI. This includes resolutions passed at the 1995 World Congress held in Harare, Zimbabwe, the 1998 World Congress held in Washington, D.C., and the 2001 World Congress held in Jomtien, Thailand. Following the EI Declaration of Professional Ethics, the resolutions are divided into four categories: (1) "Education and Employment (Quality Public Education for All, Status of Teachers, Higher Education, Health Education)"; (2) "Human and Trade Union Rights (Peace and Democracy, Human Rights, Trade Union Rights, Rights of the Child, Gender Equality)"; (3) "Development Cooperation"; and (4) "Globalisation." (BT)

In 2001, Education International (EI) achieved a high level of program implementation. This report provides a summary of that action. It is the first annual report and the last dealing with an earlier approach to programming. Following a review of ways of enhancing membership participation, the EI World Congress adopted a new approach to the program and budget for 2002-2004, based on strategic objectives. It is intended that future annual reports provide a basis for evaluation of success in achieving or working toward those objectives. The report is divided into ten sections: (1) "Progress Report"; (2) "Introduction"; (3) "Governing Bodies and International Relations"; (4) "Human Rights and Equality"; (5) "Education and Employment"; (6) "Development Cooperation"; (7)"Information"; (8) "Administration"; (9) "Financial Report"; and (10) "Membership List." (BT)

Although colleges and universities generally regard the First Amendment as sacred, they often find themselves at the center of controversies concerning the right to say, print, write, or research with freedom. The complex relationships between a college or university and its student media have often contributed to conflicts over First Amendment issues. This paper examines the case of State of Ohio, ex. rel "The Miami Student" v. Miami University (which began in 1996), when university administrators found themselves being sued for restricting the campus newspaper's access to student disciplinary records and later being sued by the United States government for providing the media with these records. The paper looks at the legal arguments presented in this trail of litigation as a basis for examining the university's obligations to balance the First Amendment rights of the student media and its community with other often conflicting rights, such as the privacy rights of individuals. It examines the central issue of openness for the public good versus the legal rights of individual privacy and whether the First Amendment rights of the student media should prevail on the issue of access to internal disciplinary records of students. (Contains 6 notes and 14 references.) (NKA)

With the aim of honoring the spirit of Dr. Martin Luther King, Jr., by working to make his "human rights revolution" a reality, this report considers efforts to build a human rights society in the United States. The report celebrates the Center for Human Rights Education's (CHRE's) growth and accomplishments and documents the Center's work to ensure that both the language and the practice of human rights thinking become an essential part of U.S. social justice movements. The report also seeks to embody the fundamental belief that individuals must teach each other about human rights since it is not a part of the formal educational system. The first half of the report covers methods of human rights education and how this human rights framework is applied to issues of injustice in the U.S. The second half of the report highlights CHRE's programs and services. Also included is a pull-out poster that connects human rights to the social justice movements that have given rise to these principles. The report is divided into the following sections: "Unity of Vision and Purpose"; "What Are Human Rights?"; "Human Rights in the United States"; "An American History of Human Rights Movements"; "Uniting Philosophy and Strategy"; "CHRE Programs"; and "CHRE Financial History." (BT)

This paper summarizes a May 2000 conference about advancing the civil and human rights of people with disabilities from diverse cultures. The conference included people with disabilities from diverse cultures and members of national civil rights organizations. The conference identified five priority areas for attention: (1) cultivating leadership development; (2) removing educational barriers; (3) providing equal opportunity and access to employment; (4) upholding human rights and civil rights; and (5) expanding voter registration and voter participation. The resulting action plan was organized into four categories: leadership development and capacity building, outreach, coalition and constituency building, and monitoring and evaluation. Examples of specific components of the action plan include: formation of an action organization to be called Leadership Coalition Unlimited, development of an advocacy tool kit, establishment of a listserv of conference participants, and encouragement of disability rights supporters to become active in local chapters of national civil rights organizations. The entire action plan is appended. (DB)

The Australian Human Rights and Equal Opportunity Commission visited over 50 communities throughout Australia to assess the state of human rights in rural, regional, and remote Australia. Education and health services predominated the discussions. Rural children, especially Aboriginal children, have lower school attendance and completion rates than urban children, and they must travel long distances to school. Distance education is inadequately funded and is hampered by lack of telecommunications infrastructure. There is a lack of sporting and cultural opportunities for rural students. Many Aboriginal communities have no access to secondary education, and the education that is available is not culturally relevant. There is a lack of support in rural areas for children with special needs. Concerning health services, it was found that health needs increase, but the level of health care drops, as one moves from urban to remote areas. There is a shortage of general practitioners, nurses, dentists, specialists, and other health professionals, and in some areas practitioners do not treat patients under the arrangements of the national health insurance scheme, leaving poor people without access to any medical care. Indicators are worse yet for Indigenous people in remote areas. The commission will be disseminating successful local initiatives that it did find. The commission is also building a national support network for gay, lesbian, and bisexual rural youth. Other rights being violated in rural areas are discussed. (TD)