Right To Education: Difference between revisions
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The constitution of Sweden is the earliest mention of the right to education in the country, stating “All children covered by compulsory schooling shall be entitled to a free basic education in the public education system. The public institutions shall be responsible also for the provision of higher education” (Sweden Constitution, 1974, Article 18). | |||
Source: Sweden Constitution, 1974, Article 18 | |||
====Switzerland==== | ====Switzerland==== | ||
====Syria==== | ====Syria==== |
Revision as of 19:24, 28 March 2022
History
What is the oldest source in any country that mentions this right?
What is the oldest written source in this country that mentions this right? BUILD IN COLLAPSE EXPAND TOGGLE
Afghanistan
Albania
Algeria
Andorra
Angola
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Azerbaijan
The Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Belize
Benin
Bhutan
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Brunei
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Canada
Cape Verde
Central African Republic
Chad
Chile
China
Colombia
Comoros
Democratic Republic of the Congo
Republic of the Congo
Costa Rica
Croatia
Cuba
Cyprus
Czech Republic
Denmark
Djibouti
Dominica
Dominican Republic
East Timor
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Eswatini
Ethiopia
Fiji
Finland
France
Gabon
The Gambia
Georgia
Germany
Ghana
Greece
Grenada
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Honduras
Hungary
Iceland
India
Indonesia
Iran
Iraq
Republic of Ireland
Israel
Italy
Ivory Coast
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Kiribati
Kuwait
Kyrgyzstan
Laos
Latvia
Lebanon
Lesotho
Liberia
Libya
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Mauritania
Mauritius
Mexico
Federated States of Micronesia
Moldova
Monaco
Mongolia
Montenegro
Morocco
Mozambique
Myanmar
Namibia
Nauru
Nepal
Kingdom of the Netherlands
New Zealand
Nicaragua
Niger
Nigeria
North Korea
North Macedonia
Norway
Oman
Pakistan
Palau
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
The first mention of the right to education in Qatar is in its constitution, which states, “Education is a right to every citizen. The State endeavors to achieve compulsory and free public education, according to the rules and laws in force in the State” (Qatar Constitution, 2003, Article 49).
Source: Qatar Constitution, 2003, Article 49
Romania
The first time the right to education is mentioned in Romania is in the constitution, which says, “The right to education is ensured through compulsory general education, high school and vocational education, higher education, and other forms of instruction and advanced training” (Romanian Constitution, 1991, Article 32).
Source: Romanian Constitution, 1991, Article 32
Russia
Article 43 of the Russian constitution is the first mention of the right to education in Russia, stating “Everyone shall have the right to education” (Russian Constitution, 1993, Article 43).
Source: Russian Constitution, 1993, Article 43
Rwanda
The first mention of the right to education in Rwanda is in the constitution, which says, “Every Rwandan has the right to education” (Rwandan Constitution, 2003, Article 20).
Source: Rawandan Constitution, 2003, Article 20
Saint Kitts and Nevis
The first mentions of the right to education in Saint Kitts and Nevis is in the Education Act of 2005, which says “Subject to available resources, all persons are entitled to receive an educational programme appropriate to their needs in accordance with the provisions of this Act” (Education Act of 2005, 2005, 12).
Source: Education Act of 2005, 2005, page 12
Saint Lucia
The Education Act of 1999 is the first mention of the right to education in Saint Lucia. This Act states, “Subject to available resources, all persons are entitled to receive an educational programme appropriate to their needs in accordance with this Act” (Education Act of 1999, 1999, 22).
Source: Education Act 1999, 1999, page 22
Saint Vincent and the Grenadines
The first document that mentions the right to education in Saint Vincent and the Grenadines is the Education Bill of 2005. This bill states under the section “Division 1 Students’ Rights and Responsibilities” that one of the rights of the students is the “right to education” (Saint Vincent and the Grenadines Education Bill 2005, 2005, 2).
Source: Saint Vincent and the Grenadines Education Bill 2005, 2005, page 2
Samoa
There is currently no mention of the right to education in Samoa.
San Marino
There is currently no mention of the right to education in the country of San Marino.
São Tomé and Príncipe
The São Tomé and Príncipe constitution is the first mention of the right to education in the country. Article 55 of the constitution states, “Education, as a right recognized to all the citizens, strives for the whole formation of man and his active participation in the community” (São Tomé and Príncipe Constitution, 1975, Article 55).
Source: São Tomé and Príncipe Constitution, 1975, Article 55
Saudi Arabia
The oldest source that mentions the right to education in Saudi Arabia is the constitution, which states, “The State shall provide public education and shall commit itself to the eradication of illiteracy” (Saudi Arabia Constitution, 1992, Article 30).
Source: Saudi Arabia Constitution, 1992, Article 30
Senegal
The first document that mentions the right to education in Senegal is the constitution, which states, “The Republic of Senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. These freedoms and rights are notably: … the right to education” (Senegal Constitution, 2001, Article 8).
Source: Senegal Constitution, 2001, Article 8
Serbia
The oldest document in Serbia that mentions the right to education is their constitution. Article 71 of their constitution states, “Everyone shall have the right to education. Primary education is mandatory and free, whereas secondary education is free. All citizens shall have access under equal conditions to higher education” (Serbia Constitution, 2006, Article 71).
Source: Serbia Constitution, 2006, Article 71
Seychelles
The constitution of Seychelles is the first mention of the right to education, stating, “The State recognises the right of every citizen to education” (Seychelles Constitution, 1993, Section 33).
Source: Seychelles Constitution, 1993, Section 33
Sierra Leone
The first mention of the right to education in Sierra Leone is in their constitution, which states “The Government shall direct its policies towards ensuring that there are equal rights and adequate educational opportunities for all citizens at all levels” (Sierra Leone Constitution, 1991, Section 9).
Source: Sierra Leone Constitution, 1991, Section 9
Singapore
There is currently no mention of the right to education in Singapore.
Slovakia
The constitution of Slovakia is the first document that mentions the right to education in this country, which states “Every person shall have the right to education. School attendance is compulsory. Length of attendance shall be fixed by law” (Slovakia Constitution, 1992, Article 42).
Source: Slovakia Constitution, 1992, Article 42
Slovenia
The first document that mentions the right to education in Slovenia is the constitution, stating “Freedom of education shall be guaranteed. Primary education is compulsory and shall be financed from public funds. The state shall create the opportunities for citizens to obtain a proper education” (Slovenia Constitution, 1991, Article 57).
Source: Slovenia Constitution, 1991, Article 57
Solomon Islands
There is currently no mention of the right to education in the Solomon Islands.
Somalia
The constitution of Somalia is the first document that mentions the right to education, stating “Education is a basic right for all Somali citizens” (Somalia Constitution, 2012, Article 30).
Source: Somalia Constitution, 2012, Article 30
South Africa
Article 29 of the constitution of South Africa is the first written document in the country mentioning the right to education, stating “Everyone has the right- a. to a basic education, including adult basic education; and b. to further education, which the state, through reasonable measures, must make progressively available and accessible” (South Africa Constitution, 1996, Section 29).
Source: South Africa Constitution, 1996, Section 29
South Korea
Article 31 of the constitution of South Korea is the first mention of the right to education in the country, stating “All citizens shall have an equal right to an education corresponding to their abilities” (South Korea Constitution, 1948, Article 31).
Source: South Korea Constitution, 1948, Article 31
South Sudan
The South Sudan constitution of 2011 is the first document in this country that mentions the right to education. It says, “Education is a right for every citizen and all levels of government shall provide access to education without discrimination as to religion, race, ethnicity, health status including HIV/AIDS, gender or disability” (South Sudan Constitution, 2011, Article 29).
Source: South Sudan Constitution, 2011, Article 29
Spain
The first mention of the right to education in Spain comes in its constitution, which says “. Everyone has the right to education. Freedom of teaching is recognized” (Spain Constitution, 1978, Section 27).
Source: Spain Constitution, 1978, Section 27
Sri Lanka
The earliest mention of the right to education in Sri Lanka is in the constitution, which says “the complete eradication of illiteracy and the assurance to all persons of the right to universal and equal access to education at all levels” (Sri Lanka Constitution, 1978, Section 27).
Source: Sri Lanka Constitution, 1978, Section 27
Sudan
The constitution is the first document in Sudan that mentions the right to education, stating “Education is a right for every citizen. The state guarantees access thereto without discrimination on the basis of religion, race, ethnicity, gender or disability” (Sudan Constitution, 2019, Section 62).
Source: Sudan Constitution, 2019, Section 62
Suriname
The earliest mention of the right to education in Suriname is the constitution, which states “Everyone shall have the right to education and cultural expression” (Suriname Constitution, 1987, Article 38).
Source: Suriname Constitution, 1987, Article 38
Sweden
The constitution of Sweden is the earliest mention of the right to education in the country, stating “All children covered by compulsory schooling shall be entitled to a free basic education in the public education system. The public institutions shall be responsible also for the provision of higher education” (Sweden Constitution, 1974, Article 18).
Source: Sweden Constitution, 1974, Article 18
Switzerland
Syria
Tajikistan
Tanzania
Thailand
Togo
Tonga
Trinidad and Tobago
Tunisia
Turkey
Turkmenistan
Tuvalu
Uganda
Ukraine
United Arab Emirates
United Kingdom
United States
Uruguay
Uzbekistan
Vanuatu
Venezuela
Vietnam
Yemen
Zambia
Zimbabwe
Is there another noteworthy written source from the past that mentions this right?
Is the identification of this right associated with a particular era in history, political regime, or political leader?
What specific events or ideas contributed to its identification as a fundamental right?
When was it generally accepted as a fundamental, legally-protectable right?
What historical forces or events, if any, contributed to a widespread belief in its importance?
Legal Codification
Is this right protected in the Constitutions of most countries today?
Is it contained in the US Constitution?
Has it been interpreted as being implicit in the US Constitution?
Are there any exceptions in American law to this right?
Is this right enshrined in international and regional human rights treaties?
Philosophical Origins
What have religious and philosophical traditions contributed to our understanding of this right?
Buddhism
Platonism
Aristotelian thought
Ancient Chinese Philosophy
Stoicism
Early Indian Philosophy
Miscellaneous Hellenistic Schools (epicureans, academics, skeptics, etc.)
Roman Legal and Political Thought
Early Christianity
Thomism and medieval Christianity
Medieval Islamic Thought
Medieval Judaism
Early Modern Rationalism
Absolute Idealism
Reformation Christianity
Hobbesian Thought
Lockean Thought/English Empiricism
Physiocrats
Scottish Enlightenment
Modern Capitalism
Rousseau's Thought
Kantianism
German Idealism
Benthamite Utilitarianism
Millian Utilitarianism
Current Utilitarianism
Transcendentalism
Marxism
Early Sociology
Pragmatism
Weberian Thought
Process Philosophy
Social Darwinism
British Idealism (19th cen.)
Continental Philosophy/Frankfurt School
Behaviorism
Feminist Thought
Postmodernism
Are there any philosophical or moral traditions that dispute the classification of this right as a fundamental right?
What do the major legal theories (positive law, natural law, critical legal studies, etc.) say about this right?
Culture and Politics
Is this right interpreted and exercised in different ways in different countries? Focus on particular countries in which the right is interpreted distinctively
Is this right exercised in different ways depending on the political governance regime in place (democracy, autocracy, hybrid regime)?
Is there general and widespread belief that this right is a fundamental right that should generally be protected (and that exceptions should be rare)?
Does public polling reveal insights about the right as experienced in different countries?
Conflicts with other Rights
Are there other specific fundamental rights that tend to conflict with this right? Can you identify specific examples of this?
Are there other specific rights that are critical to the exercise of this right? Can you identify specific examples of this?
Is there a perception that this right is above or higher than other fundamental rights, or in general, that it has a particular place in a hierarchy of rights?
What specific examples of hierarchies, manifestos, constitutions, or prioritized descriptions of rights cite this right’s high status? Low status? No status at all?
How does federalism change, if at all, the exercise or application of this right? What examples of this can one point to?
Limitations / Restrictions
What are the typical exceptions or limitations placed on this right?
Under American jurisprudence, what permissible exceptions exist?
Under international human rights laws, what permissible exceptions (often called derogations) exist?
Have political theorists or philosophers discussed the permissibility of exceptions to this right?
Should this right be limited when limiting it would jeopardize democratic norms?
Is this right often perceived as threatening to government authorities?
Is this right often curtailed by government authorities for reasons other than those which are generally viewed as permissible?
Is this right at times curtailed by private actors?
Is this right subject to specific limitations in event of emergency (war, brief natural disaster [weather, earthquake], long-run natural disaster [volcano, fire, disease])? Can such limitations be defined in advance with reference to the disaster in question?
Utilitarian / Fairness Assessments
Is there a cost attached to protecting and enforcing this right? What kinds of costs are implicated?
As of 2022, the United States spends $586.4 billion dollars on K-12 education, which equates to about $14,455 per student (Education Data Initiative). This cost covers the cost of paying teachers and other school staff, as well as textbooks and school supplies. This money helps to provide the resources necessary to ensure that all students can receive the right to an education. Other costs that may be associated with protecting and enforcing the right to education are court costs. When cases go to court regarding the right to education, such as Wisconsin v. Yoder, there are court costs associated, such as the cost of lawyers and judges, to protect the right to education.
Sources: Melanie Hanson, “U.S. Public Education Spending Statistics” Education Data Initiative, https://educationdata.org/public-education-spending-statistics (accessed 28 March 2022).
Short-term economic cost in general
The short-term economic cost of the right to education is the cost it takes to run a school on a daily basis.
Long-term economic cost in general
The long-term economic cost of the right to education is the cost that it makes to run a school on a yearly basis, and beyond that.