ELLIMINATION OF ILLITERACY IN THE WORLD

Ellimination of illiteracy in the world

"to be taught reading and writing", it is to be able  to read  and write.

This knowledge is essential to be able  to communicate  with the others, in company.

The elimination of illiteracy is an asset in a developed country like France, but there still exists in the world  860 million  illiterate adults. And, in the countries concerned, illiteracy touches much more the women that the men.

1.   WHY IS THIS SO SIGNIFICANT TO KNOW TO READ AND WRITE?

For a person, to learn how to read and to write is very significant: 

• to be able  to be at ease in the company: in the life of tous.les.jours, it is necessary to be able to decipher and include/understand all kinds of written information (administrative papers, notes, panels in the street, plans, etc.) ; 
•  to have access to the culture  (literature, the newspaper industry, etc.) ;
• to be able  to study. 

Moreover, on the level of a country, more there are people who make studies, more this country is equipped professors, engineers, researchers. It is like that that agriculture, industry and the services develop; it is as that also that the saving in a country progresses and that its richnesses increase.

2.   The ACCESS To EDUCATION EAST A HUMAN RIGHT

In 1948, when United Nations (UNO) adopts the universal Declaration of the humans right, it registered the right  to education there, key of the elimination of illiteracy. It creates also an international agency, UNESCO, in particular charged to promote education for all in the whole world. Each year since 1966, UNESCO celebrates on September 8 the international Day of the elimination of illiteracy.

As from the years 1960-1970, with the international assistance, the Third World countries take measures to support the schooling of the children and the elimination of illiteracy of the adults: the primary school is made compulsory and free so that all the children can reach it; courses are organized for the illiterate adults.

3.   The ELIMINATION OF ILLITERACY PROGRESSES BUT IT REMAINS STILL MUCH TO MAKE

The efforts made by the international countries and programs made it possible to make move back illiteracy: the rate of elimination of illiteracy in the world (i.e. the share of the world population fifteen years old and more which can read and write) increased  by 60 % to 80 % between 1970 and today.

But that wants to say that there are in the world 20 more % of the adults (one on five) who are illiterate, that is to say  860 million people. To this figure the 121 million children are added who do not go to the school, and who thus are not taught reading and writing either. For this reason all the countries of the world continue to be committed extending the elimination of illiteracy to those which, today, do not have access there. Within this framework, the period 2003-2012 was proclaimed "decade of the United Nations for the elimination of illiteracy".

illiteracy in the world
Central Asia  (Bangladesh, Nepal, Pakistan, India, etc.)	45 % of the adults are illiterate	35 % of the men are illiterate	55 % of the women are illiterate
North Africa and the Middle East  (Mauritania, Morocco, Egypt, Sudan, Algeria, etc.)	40 % of the adults are illiterate	30 % of the men are illiterate	50 % of the women are illiterate
Sub-Saharan Africa  (Senegal, Benign, Cameroun, Ccape Verde, etc.)	40 % of the adults are illiterate	30 % of the men are illiterate	50 % of the women are illiterate
Asia of South-east  (Kampuchea, Burma, China, Indonesia, Malaysia, etc.)	14 % of the adults are illiterate	8 % of the men are illiterate	20 % of the women are illiterate
South America  (Guatemala, Bolivia, Brazil, Mexico, etc.)	11 % of the adults are illiterate	10 % of the men are illiterate	12 % of the women are illiterate

4.   GREAT INEQUALITIES

The 860 million illiterate adults are also not distributed in the world, nor between the two sexes. There exists indeed of very great differences:

a)   Between the countries of the world

Appearance of illiteracy in the developed countries

In the countries developed like the countries of Europe, Japan or the United States, illiteracy is extremely reduced. As teaching is obligatory, the children to the school will sufficiently a long time learn how to read and write.

However, in these countries, it happens that the provided education for people learn badly (they can decipher but do not include/understand what they read) or whom they lose the use of the reading and the writing, for lack of practice: it is  illiteracy.

In France, campaigns are carried out since the end of 1980 to fight against this phenomenon which touches more than 2,5 million people.

Persistence of illiteracy in the developing countries (the DEVELOPING COUNTRIES)

In the DEVELOPING COUNTRIES, even if the elimination of illiteracy of the adults progresses, 100 million children are not provided education for. In the least advanced countries, more half of the population is still illiterate.

The principal obstacle with the elimination of illiteracy is indeed  poverty. It is about a true vicious circle: the poverty of a country makes obstacle with education and the lack of education slows down its development.

The situation is particularly alarming in South Asia and in sub-Saharan Africa (i.e. in the countries located at the south of the Sahara). The difficulty in making disappear completely illiteracy in these countries is due to several factors: 

• the insufficiency of the expenditure  devoted by the governments to education: the State does not have or does not give enough money to build schools, to provide material, to train and pay professors; 
• strong demographic growth: the more the population increases in the poor countries and the more the number of illiterates increases; 
• wars: in a country in war, the access to education does not have priority. 

b)   Between the men and the women

Illiteracy touches the women more men:  two illiterates out of three in the world are women. This situation is explained by several reasons.

There are in particular economic reasons: in the poor countries, the help brought by the girls in the domestic tasks is too significant so that the families can deprive themselves some by sending them to the school.

The cultural reasons are also significant: in many countries, the tradition still wants that the girls are not sent to the school; the access to education is reserved to the boys, while the place of the girls is at the house.

However, it is really significant that the women also can learn how to read and to write. First of all because they have the right as much as the men of it, for better living in company and reaching the culture. 

In addition, because the education of the girls is crucial for the development of a country. Indeed, when the level of education of the women increases in a country, the country is in  better health, because the woman is often a mother who can directly apply her knowledge obtained in the field of hygiene and health: the practices of hygiene are better; the children are nourished in a more suitable way; the women have less children; there is less of death during the birth or during the early childhood, because the educated women are able more to ask and obtain care before and after the childbirth. 

Finally a woman who can read and write will be more conscious of the importance of sending to the school her children, in particular her daughters.

JUDICIAL HELP

               With ide legal

legal aid, device allowing at the State to assist in the loads resulting from the procedures implemented by the private individuals, when the latter cannot assume the court expenses.

The legal aid exists since the law of January 3 1972 which instituted it out of civil and administrative matter. The law of December 19, 1991 extended the applicability of what it is advisable to name from now on "jurisdictional assistance".

The jurisdictional assistance has the aim of supporting the real equality in the exercise of the rights of defense, equality which is likely to be compromised for reasons of a financial nature: the jurisdictional assistance precisely aims at bringing a help to the people who could not face the court expenses.

The jurisdictional assistance is known as "total" or "partial" according to whether the State takes responsibility for its whole or part costs of proceedings in the place of its recipient. It is a ceiling of incomes, corrected by the family loads with the load of the justiciable one, which determines the amount of this assumption of responsibility. However, the latter is always subjected to a condition of admissibility: the request can be rejected when the committed action appears inadmissible or stripped of base. If there is refusal, the decision must be justified and is likely of recourse. The purpose of the requirement of this condition is to avoid abusive procedures, possibly inspired by certain lawyers to ensure their own subsistence.

Subjected to a minimum of formalism, the request for jurisdictional assistance is informed by the office of jurisdictional assistance which is established with the seat of the Court of Bankruptcy. Composed of a magistrate and a clerk, it receives, for the requests concerning the businesses carried in front of the jurisdictions of first authority or the court of bases, the contest of a lawyer, an usher, a representative of the departmental director of the tax services, of a representative of the departmental director of the medical and social action, as well as person designated with the title of the users. The request for jurisdictional assistance is deposited by the interested person or any agent.

When it is total, the jurisdictional assistance causes to make free the recourse to the lawyer, who is then made of office and whose law envisages the exclusive compensation for the payment of all fees. This device thus facilitates the exercise of the rights of defense in the penal procedures. However, some criticize protested against the fact that, the recipient of the jurisdictional assistance losing the possibility of choosing its lawyer (indicated by the barristers president of the order starting from a list drawn up for this purpose), the relation of confidence between the justiciable one and its council, factor of the most effective possible defense, can be established less easily if the bond between the two parts proceeds not of a choice but of the chance.

ACTORS OF PENAL JUSTICE

                   Legal aid

With ide legal, device allowing at the State to assist in the loads resulting from the procedures implemented by the private individuals, when the latter cannot assume the court expenses.

The legal aid exists since the law of January 3 1972 which instituted it out of civil and administrative matter. The law of December 19, 1991 extended the applicability of what it is advisable to name from now on "jurisdictional assistance".

The jurisdictional assistance has the aim of supporting the real equality in the exercise of the rights of defense, equality which is likely to be compromised for reasons of a financial nature: the jurisdictional assistance precisely aims at bringing a help to the people who could not face the court expenses.

The jurisdictional assistance is known as "total" or "partial" according to whether the State takes responsibility for its whole or part costs of proceedings in the place of its recipient. It is a ceiling of incomes, corrected by the family loads with the load of the justiciable one, which determines the amount of this assumption of responsibility. However, the latter is always subjected to a condition of admissibility: the request can be rejected when the committed action appears inadmissible or stripped of base. If there is refusal, the decision must be justified and is likely of recourse. The purpose of the requirement of this condition is to avoid abusive procedures, possibly inspired by certain lawyers to ensure their own subsistence.

Subjected to a minimum of formalism, the request for jurisdictional assistance is informed by the office of jurisdictional assistance which is established with the seat of the Court of Bankruptcy. Composed of a magistrate and a clerk, it receives, for the requests concerning the businesses carried in front of the jurisdictions of first authority or the court of bases, the contest of a lawyer, an usher, a representative of the departmental director of the tax services, of a representative of the departmental director of the medical and social action, as well as person designated with the title of the users. The request for jurisdictional assistance is deposited by the interested person or any agent.

When it is total, the jurisdictional assistance causes to make free the recourse to the lawyer, who is then made of office and whose law envisages the exclusive compensation for the payment of all fees. This device thus facilitates the exercise of the rights of defense in the penal procedures. However, some criticize protested against the fact that, the recipient of the jurisdictional assistance losing the possibility of choosing its lawyer (indicated by the barristers president of the order starting from a list drawn up for this purpose), the relation of confidence between the justiciable one and its council, factor of the most effective possible defense, can be established less easily if the bond between the two parts proceeds not of a choice but of the chance.

ABUSE RIGHT

                   Abuse right

1

PRESENTATION

abuse right, improper use of a right, diverting it of its finality.

The abuse right is a legal concept, in particular associated the moral right which makes it possible to sanction any use of a droit(ou of abusive clauses) which exceeds the terminals of the reasonable use of this right.

The law allots rights to the private individuals. The holders of these rights can use about it, in theory freely. The traditional doctrines state that anybody that does not injure which uses of its right. However, this proverb does not have an absolute value, because "with the men insincerely", not of indulgence:it is then interdict to misuse its right.

The question is thus to know if the exercise of a right which involves for others a damage makes it possible to the author of this damage to be cut off behind its right to push back the action in repair.

It is almost unanimously allowed that any exercise of a right is not  a priori  abusive. Some even could support that the concept of right and that of abuse were paradoxical with the reason which the right would cease where the abuse starts. Consequently the act known as abusive should be described as lawful, this last concept being different from that of abuse. Doctrines and case law however highlighted methods of exercise of a right, which, without being to be strictly accurate lawful, deserve the qualification of abusive. This primarily judicial law-making stresses that there did not exist in the French legislation of provisions sanctioning the abuse of right in a general way. The legislative print of this concept is summarized with some special texts which one can wonder whether they retain a utility design of this concept.

2

The CRITERION OF The ABUSE RIGHT

For the courts, the abuse right initially seems the means of repair of the detrimental consequences of faults made by, or at the time of the exercise of a right. In civil law, the abuse is revealed by the exercise of a right without interest for oneself and in the only intention harming others, or, according to another criterion, to exert this right in ignorance of its social duties: it is the useless exercise and without profit of a right which deserves the qualifier of abusive.

By doing this, the judge, by the means of the abuse right establishes a control, more or less rigorous, on the use of the rights. Thus the abuse right it was for a long time the instrument of control of right of dismissal, and on the basis of the capacity of the employer. The absence of real and serious cause today is enough to characterize the abuse right of dismissal.

3

ORIGIN: ABUSE RIGHT OF LANDED PROPERTY

Historically, it is the right of ownership which is at the origin of the theory of the abuse right. It is significant to raise the field of election of this theory insofar as the Civil code of 1804 fact of the right of ownership an absolute  right,  and  like  such insusceptible to be exerted a priori under abusive conditions. Today, this law business decreased under the effect of the development of the legal status of the abnormal disadvantages of vicinity. The theory of the disorders of the vicinity is distinguished from that of the abuse right, since it makes it possible to make condemn to repair that which caused an injury with its neighbor while at the same time this disorder would be inherent in a licit activity and than no fault could be reproached that which causes it. The way of the abnormal disadvantages of vicinity is easier than that of the abuse right of ownership which requires than is brought back the proof of the intention to harm.

4

FIELDS OF IMPLEMENTATION OF The THEORY OF The ABUSE RIGHT.

Another outstanding sphere of application of the abuse right is that of the contracts. Thus, in spite of the principle of contractual freedom, certain refusal to contract are held for abusive. For example, the refusal to renew a come contract with expiry is described as abusive, when one by attitudes not ambiguities let foresee a renewal.

It is today the abuse right to act as justice which constitutes the privileged field of the application of the theory of the abuse right. It seemed like a means of slowing down the litigious heats and, consequently, an instrument of handling likely to take part in the good administration of justice. It results the judgment from it from the bold and vexatious actions, or the recourse to delaying tactics at only end to delay the exit of a lawsuit. The new code of civil procedure ratified this Praetorian attitude besides by enacting texts sanctioning expressly various assumptions of abuse the right to act as justice.

5

SANCTION OF The ABUSE RIGHT

In the contractual field, the abuse right is very largely sanctioned. The rupture of the talks is abusive when it is animated by an intention to harm, when it takes place insincerely or with a lightness blâmable. In the same way, the refusal to contract is sometimes legalement prohibited. Such is the case of the refusal to sell or the refusal to contract for certain professions enjoying a monopoly.

If the abuse right caused an injury, the victim is entitled to repair. In general this one will be pecuniary. However, the compensation can be done by more suitable means, such as repair in kind.