Right To Education

History

What is the oldest source in any country that mentions this right?

    In 1814, in a letter to Peter Carr, Thomas Jefferson speaks about the right to education. In a letter titled “A System of Education, dated September 7, 1814, Jefferson writes about his plans for an education system to Peter Carr. In this letter, Jefferson writes, “It is highly interesting to our country, and it is the duty of its functionaries, to provide that every citizen in it should receive an education proportioned to the condition and pursuits of his life” (Jefferson, 1814). Jefferson believed that every citizen had the right to an education, but each citizen had different needs when it came to being educated. 
     Jefferson goes on to discuss the two classes that citizens would be divided into and educated based on, the laboring class and the learned class. Of this, he writes, “The laboring will need the first grade of education to qualify them for their pursuits and duties; the learned will need it as a foundation for further acquirements” (Jefferson, 1814). In his detailed educational plan, Jefferson determines two categories that the majority of citizens can be split into, and establishes an educational route for both groups of students.

Source:

Jefferson, Thomas. “A System of Education” to Peter Carr, Monticello, September 7, 1814, Electronic Text Center, University of Virginia Library (https://web.archive.org/web/20110221115646/http://etext.lib.virginia.edu/etcbin/toccer-new2?id=JefLett.sgm&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=all)

What is the oldest written source in this country that mentions this right? BUILD IN COLLAPSE EXPAND TOGGLE

Afghanistan

The Afghanistan Constitution of 1964 is the oldest written source in Afghanistan that mentions the right to education. It grants all citizens the right to education, saying “Education is the right of every Afghan and shall be provided free of charge by the State and the citizens of Afghanistan… Primary education is compulsory for all children in areas where facilities for this purpose are provided by the State” (Afghanistan Constitution, 1964, Article 34).

Source: Afghanistan Constitution, 1964, Article 34).

Albania

According to scholars, through the 1933 Royal Constitution in Albania, “‘primary education for all Albanian citizens is compulsory and free of charge’” (Kola, 2014, 424). Today, Article 57 of the Albanian Constitution states, “Everyone has the right to education” (Albanian Constitution, 1998, Article 57).

Source: Bedri Kola, “Development of Education During the Years 1944-1948 in Albania,” Mediterranean Journal of Social Sciences 5, No. 4 (March 2014), 423-428

Algeria

Algeria became a country in 1962, and the year following its founding in 1963, it included the right to education in its constitution, making it the oldest written source in Algeria that discusses the right to education. Article 18 of the Algerian Constitution states, “Education is obligatory; instruction is offered to all, with no discrimination except those resulting from the aptitudes of each individual and the needs of the collectivity” (Algerian Constitution, 1963, Article 18).

Source: Algerian Constitution, 1963, Article 18

Andorra

The oldest source in Andorra that mentions the right to education is their constitution. Article 20 of the Andorra Constitution states, “All persons have the right to education, which shall be oriented towards the dignity and full development of the human personality, thus strengthening the respect for freedom and the fundamental rights” (Andorra Constitution, 1993, Article 20)

Source: Andorra Constitution, 1993 Article 20

Angola

The Constitution of Angola, written in 2010, states “The fundamental tasks of the Angolan state shall be …To promote policies that will ensure universal access to compulsory free education under the terms defined by law” (Angola Constitution, 2010, Article 21).

Source: Angola Constitution, 2012, Article 21

Antigua and Barbuda

The Education Act of 2008 is the oldest written source in the country of Antigua and Barbuda that mentions the right to education. It grants all citizens of Antigua and Barbuda the right to education, stating, “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 2008, page 23).

Source: Education Act of 2008, page 23

Argentina

The first source in Argentina that mentions the right to education is the National Education Law of 2006. Article 14 of this Law states, “ El Sistema Educativo Nacional es el conjunto organizado de servicios y acciones educativas reguladas por el Estado que posibilitan el ejercicio del derecho a la educación”, which translates to, “The National Educational System is the organized set of educational services and actions regulated by the state that enable the exercise of the right to education” (National Education Law of 2006, Article 14).

Source: National Education Law of 2006, Article 14

Armenia

The Armenian Constitution is the oldest written source in the country that mentions this right, written in 1995, four years after the country was founded, it states, “Everyone shall have the right to education. The programs and duration of compulsory education shall be stipulated by law. Secondary education in state educational institutions is free of charge” (Armenian Constitution, 1995, Article 38).

Source: Armenian Constitution, 1995, Article 38

Australia

In 1972 Australia signed the International Covenant on Economic, Social, and Cultural Rights, making this the first written document in Australia that mentions the right to education. Article 13 of this document says, “The States Parties to the present Covenant recognize the right of everyone to education… They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace” (International Covenant on Economic, Social, and Cultural Rights, Article 13, 1972).

Source: International Covenant on Economic, Social, and Cultural Rights, Article 13, 1972

Austria

There has been no written source in Austria that mentions the right to education.

Azerbaijan

Azerbaijan’s Constitution, written in 1995 is the oldest written document in Azerbaijan that mentions the right to education. Their Constitution gives its citizens the right to education in Article 42, which states “Everyone has the right to an education. The State guarantees the right to free compulsory secondary education” (Azerbaijan Constitution, 1995, Article 42).

Source: Azerbaijan Constitution, 1995, Article 42

The Bahamas

The 1962 Education Act in The Bahamas is the first written document in this country to mention the right to education. This Act states, “It shall be the duty of the parents of every child of compulsory school age to cause him to receive full-time education suitable to his age, ability and aptitude, by regular attendance at school or otherwise” (Education Act, 1962, page 17).

Source: Education Act, 1962, page 17

Bahrain

There has been no written source is Bahrain that mentions the right to education.

Bangladesh

The Bangladesh Constitution is the oldest written document in Bangladesh that discusses the right to education, stating “It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens- (a) the provision of the basic necessities of life, including food, clothing, shelter, education and medical care” (Bangladesh Constitution, 1972, 15).

Source: Bangladesh Constitution, 1972, 15

Barbados

The oldest source in Barbados that mentions this right is the Education Act of 1983, which says “The function of the Minister are…(e) to contribute toward the spiritual, moral, mental, physical, social, cultural, and economic development of the community by ensuring that efficient education is available to meet the needs of Barbados” (Education Act, 1983, page 8).

Source: Education Act, 1983, page 8

Belarus

The Constitution of Belarus is the oldest written document in Belarus that mentions the right to education. Article 49 of the Constitution states, “Everyone shall have the right to education. Accessible and free general, secondary and vocational and technical education shall be guaranteed. Secondary specialized and higher education shall be accessible to all in accordance with the capabilities of each individual. Everyone may, on a competitive basis, get appropriate education at state educational institutions free of charge” (Belarus Constitution, 1994, Article 49).

Source: Belarus Constitution, 1994, Article 49

Belgium

The oldest written document in Belgium that mentions the right to education is their Constitution. Article 24 of the Belgium Constitution states, “Everyone has the right to education with the respect of fundamental rights and freedoms. Access to education is free until the end of compulsory education. All pupils of school age have the right to moral or religious education at the community’s expense” (Belgium Constitution, 1831, Article 24).

Source: Belgium Constitution, 1831, Article 24

Belize

There has been no written source in Belize that mentions the right to education.

Benin

The first mention of the right to education in Benin is in its constitution. Article 12 of the Benin Constitution states, “The State and public authorities shall guarantee the education of children and shall create conditions favorable to this end” (Benin Constitution, 1990, Article 12). Article 13 of the Constitution of Benin continues granting citizens the right to an education, “The State shall provide for the education of the youth by public schools. Primary education shall be obligatory. The state shall assure progressively free public education” (Benin Constitution, 1990, Article 13).

Source: Benin Constitution, 1990, Article 13

Bhutan

The first mention of the right to education in Bhutan is their constitution, which states “The State shall provide free education to all children of school going age up to tenth standard and ensure that technical and professional education is made generally available and that higher education is equally accessible to all on the basis of merit” (Bhutan Constitution, 2008, page 20).

Source: Bhutan Constitution, 2008, page 20

Bolivia

The first mention of the right to education in Bolivia is in Article 9 of their constitution. This article states, “The following are essential purposes and functions of the State, in addition to those established in the Constitution and the law: … to guarantee access of all people to education, health and work” (Bolivia Constitution, 2009, Article 9).

Source: Bolivia Constitution, 2009, Article 9

Bosnia and Herzegovina

The Constitution of Bosnia and Herzegovina is the first written document that mentions the right to education. Under Article II, “Human Rights and Fundamental Freedoms”, Section 3 Enumeration of Rights, it states, “All persons within the territory of Bosnia and Herzegovina shall enjoy the human rights and fundamental freedoms referred to in paragraph 2 above; these include: … l) The right to education” (Constitution of Bosnia and Herzegovina, 1995, Section 3).

Source: Constitution of Bosnia and Herzegovina, 1995, Section 3

Botswana

There has been no written source in Botswana that mentions the right to education.

Brazil

Article 208 of the Brazilian Constitution is the first written document in Brazil to mention the right to education. This article of the Constitution states, “The duty of the State towards education shall be fulfilled by ensuring the following: I- Mandatory basic education, free of charge, for every individual from the age of 4 (four) through the age of 17 (seventeen), including the assurance of its free offer to all those who did not have access to it at the proper age” (Brazil Constitution, 1988, Article 208).

Source: Brazil Constitution, 1988, Article 208

Brunei

There has been no written source in Brunei that mentions the right to education.

Bulgaria

The Bulgarian Constitution, written in 1991 is the first document in Bulgaria that mentions the right to education. Article 53 outlines the right to education in Bulgaria, “Everyone shall have the right to education” (Bulgaria Constitution, 1991, Article 53).

Source: Bulgaria Constitution, 1991, Article 53

Burkina Faso

There has been no written source in Burkina Faso that mentions the right to education.

Burundi

The first mention of the right to education in Burundi is in Article 53 of the Constitution, which states, “Every citizen has the right to equal access to instruction, education, and culture” (Burundi Constitution, 2005, Article 53).

Source: Burundi Constitution, 2005, Article 53

East Timor

The first written source in East Timor that mentions the right to education is its constitution, written in 2002, which states, “The state recognizes and guarantees that every citizen has the right to education and culture, and it is incumbent upon it to promote the establishment of a public system of universal and compulsory basic education that is free of charge in accordance with its possibilities and in conformity with the law” (East Timor Constitution, 2002, Article 59).

Source: East Timor Constitution, 2002, Article 59

Ecuador

There is currently no document that mentions the right to education in Ecuador.

Egypt

The first written source in Egypt that mentions the right to education is the 1971 constitution, which states, “Education is a right guaranteed by the State. It is obligatory in the primary stage and the State shall work to extend obligation to other stages” (Egypt Constitution, 1971, Article 18).

Source: Egypt Constitution, 1971, Article 18

El Salvador

The 1983 constitution of El Salvador is the first written source that mentions the right to education in El Salvador. This document states, “The State shall protect the physical, mental, and moral health of minors, and shall guarantee their right to education and assistance” (El Salvador Constitution, 1983, Article 35).

Source: El Salvador Constitution, 1983, Article 35

Equatorial Guinea

The first written source that discusses the right to education in Equatorial Guinea is their constitution. Written in 1991, the constitution states, “Education is the primordial duty of the State. Every citizen has the right to primary education, which is obligatory, free, and guaranteed” (Equatorial Guinea Constitution, 1991, Article 24).

Source: Equatorial Guinea Constitution, 1991, Article 24

Eritrea

Article 21 of the 1997 constitution of Eritrea is the first written document in the country that mentions the right to education, stating, “Every citizen shall have the right of equal access to publicly funded social services. The state shall endeavor, within the limits of its resources, to make available to all citizens health, education, cultural, and other social services” (Eritrea Constitution, 1997, Article 21).

Source: Eritrea Constitution, 1997, Article 21

Estonia

The 1992 constitution of Estonia is the first written document that mentions the right to education in Estonia. Section 37 states, “Everyone has the right to education” (Estonia Constitution, 1992, Section 37).

Source: Estonia Constitution, 1992, Section 37

Eswatini

The first written source that discusses the right to education in Eswatini is Section 29, entitled “Rights of the Child” of the Eswatini constitution, written in 2005, which states, “Every Swazi child shall within three years of the commencement of this Constitution have the right to free education in public schools at least up to the end of primary school, beginning with the first grade” (Eswatini Constitution, 2005, Section 29).

Source: Eswatini, 2005, Section 29

Ethiopia

The first mention of the right to education in Ethiopia is in the Ethiopian constitution, which states, “To the extent the country’s resources permit, policies shall aim to provide all Ethiopians access to public health and education, clean water, housing, food, and social security” (Ethiopian Constitution, 1995, Article 90).

Source: Ethiopian Constitution, 1995, Article 90

Fiji

The constitution of Fiji is the first written source that mentions the right to education in the country. It states, “1. Every person has the right to- a. early childhood education; b. primary and secondary education; and c. further education” (Fiji Constitution, 2013, Section 31).

Source: Fiji Constitution, 2013, Section 31

Finland

The 1999 constitution of Finland is the first written source in this country that mentions the right to education, stating, “Everyone has the right to basic education free of charge. Provisions on the duty to receive an education are laid down by an Act” (Finland Constitution, 1999, Section 16).

Source: Finland Constitution, 1999, Section 16

France

The first mention of the right to education is in the 1791 French Constitution, which said, “Public instruction for all citizens, free of charge in those branches of education which are indispensable to all men, shall be constituted and organized, and the establishments thereof shall be opportuned gradually, in accordance with the division of the kingdom” (French Constitution, 1791, Title I).

Source: French Constitution, 1791, Title I

Gabon

The constitution of Gabon is the first document in this country that mentions the right to education. It states, “It is the State’s responsibility to organize public education based on religious neutrality, and according to its means, provide it freely to the public; awarding the diploma rests a right of the state” (Gabon Constitution, 1991, Article 1, Section 16).

Source: Gabon Constitution, 1991, Article 1, Section 16

The Gambia

The oldest written source in The Gambia that mentions the right to education is its constitution, which was written in 1996 and states, “All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realisation of that right- a. basic education shall be free, compulsory, and available to all” (The Gambia Constitution, 1996, Section 30).

Source: The Gambia Constitution, 1996, Section 30

Georgia

The first mention of the right to education in the country of Georgia is in the constitution, which states, “Everyone shall have the right to education. Freedom of choice in education shall be guaranteed” (Georgia Constitution, 1995, Article 35).

Source: Georgia Constitution, 1995, Article 35

Ghana

Article 25 of the Ghana constitution is the first written mention of the right to education, which states, “All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realization of that right- a. basic education shall be free, compulsory, and available to all” (Ghana Constitution, 1992, Section 25).

Source: Ghana Constitution, 1992, Section 25

Greece

The oldest source in Greece that mentions the right to education is the constitution, which states, “All Greeks are entitled to free education on all levels at State educational institutions. The State shall provide financial assistance to those who distinguish themselves, as well as to students in need of assistance or special protection, in accordance with their abilities” (Greek Constitution, 1975, Article 16).

Source: Greek Constitution, 1975, Article 16

Grenada

The Education Act of 1976 in Grenada is the oldest written document in this country that mentions the right to education, “According to the Education Act, public education is free and all children are required to attend school until age 16” (United States Department of Labor, 2015).

Source:

United States Department of Labor, 2015 Findings on the Worst Forms of Child Labor, Bureau of International Labor Affairs, 2015 https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2015/Grenada.pdf (accessed 07 March 2022)

Guatemala

The earliest source that mentions the right to education in Guatemala is the constitution. Written in 1985, Article 71, entitled “The Right to Education” states, “The freedom of education and educational (docente) criteria is guaranteed. It is the obligation of the State to provide and facilitate education to its inhabitants with any discrimination whatsoever. The foundation and maintenance of cultural education centers and museums is declared to be of public utility and necessity” (Guatemala Constitution, 1985, Article 71).

Source: Guatemala Constitution, 1985, Article 71

Guinea

There has been no written source in Guinea that mentions the right to education.

Guinea-Bissau

The earliest mention of the right to education in Guinea-Bissau is the constitution, which states, “All citizens have the right and duty to education” (Guinea-Bissau Constitution, 1984, Article 49).

Source: Guinea-Bissau Constitution, 1984, Article 49

Guyana

The first mention of the right to education in Guyana is their constitution. The constitution says, “Every citizen has the right to free education from nursery to university as well as at non-formal places where opportunities are provided for education and training” (Guyana Constitution, 1980, Article 20).

Source: Guyana Constitution, 1980, Article 20

Namibia

The first mention of the right to education in Namibia is in the constitution, written in 1990, which states in Article 20, “All persons shall have the right to education” (Namibia Constitution, 1990, Article 20).

Source: Namibia Constitution, 1990, Article 20

Nauru

The Education Act of 2011 in Nauru is the first mention of the right to education in this country. It states, “every child has the right to education” (Education Act 2011, 2011, 7).

Source: Education Act 2011, 2011, page 7

Nepal

The 2015 constitution of Nepal is the first mention of the right to education in Nepal. It states, “Every citizen shall have the right to access basic education” (Nepal Constitution, 2015, Article 31).

Source: Nepal Constitution, 2015, Article 31

Kingdom of the Netherlands

The first document in the Netherlands that mentions the right to education is the Compulsory Education Act of 1969. This act makes education compulsory for all children in the Netherlands, stating “The person who exercises authority over a young person, and the person who has taken charge of the actual care of a young person, are obliged, in accordance with the provisions of this Act, to ensure that the young person is registered as a pupil at a school and that this school is regulated after registrations” (Compulsory Education Act of 1969, 1969, Article 2).

Source: Compulsory Education Act of 1969, 1969, Article 2

New Zealand

The first document that mentions the right to education in New Zealand is is the Education Act 1989 which states, in Section 3, that “Except as provided in in this Act, every person who is not an international student is entitled to free enrollment and free education at any State school during the period beginning on the person’s fifth birthday and ending on 1 January after the person’s 19th birthday” (Education Act 1989, 1989, Section 3).

Source: Education Act 1989, 1989, Section 3

Nicaragua

The first mention of the right to education in Nicaragua is in its constitution, which states in Article 58, “Nicarguans have the right to education and culture” (Nicaragua Constitution, 1987, Article 58).

Source: Nicaragua Constitution, 1987, Article 58

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

The earliest document that mentions the right to education in Switzerland is the constitution, which says “The right to an adequate and free basic education is guaranteed” (Switzerland Constitution, 1999, Article 19).

Source: Switzerland Constitution, 1999, Article 19

Syria

The earliest mention of the right to education in Syria is in the constitution. Article 29 says “Education shall be a right guaranteed by the state, and it is free at all levels. The law shall regulate the cases where education could not be free at universities and government institutes” (Syria Constitution, 2012, Article 29).

Source: Syria Constitution, 2012, Article 29

Is there another noteworthy written source from the past that mentions this right?

    There are many noteworthy written sources from the past that mentions the right to education. The Universal Declaration of Human Rights, a document produced by the United Nations in 1948, explicitly states in Article 26 that all people have the right to education, and lays out guidelines pertaining to the education people have the right to. The Universal Declaration of Human Rights is a document that grants all people in the world thirty rights that they are entitled to, one of these being education. According to this document, elementary education is to be free, and higher level and technical education should be accessible to all (Universal Declaration of Human Rights, 1948, page 7). This document is still in effect today, granting all people the right to education. 
    Given that the right to education largely deals with the rights of children, it is often intertwined with the legal system. The case Wisconsin v. Yoder deals with the compulsory school attendance law for children in Wisconsin, a law that requires every child to attend school until at least age sixteen. An Amish family in Wisconsin withdrew their children from school after the eighth grade because they did not believe it was necessary for the children and claimed that the Amish community continued to educate their children outside of school in order to prepare them to live in an Amish community. Amish parents are generally in favor of compulsory elementary education for their children, but not high school education, as during high school, the Amish believe that children are taught things that go against Amish beliefs and values (Wisconsin v. Yoder, 1972). In the end, the courts sided with the family, and ruled that on the grounds of the First and Fourteenth Amendments, the state could not force Amish parents to send their children to school until age sixteen (Wisconsin v. Yoder, 1972, 234). 
    While these children had the right to education, this case brought into question whether or not the government has the power to force children to attend school until they graduate. In line with children having a right to education, Wisconsin v. Yoder states “Finally, the State, on authority of Prince v. Massachusetts, argues that a decision exempting Amish children from the State’s requirement fails to recognize the substantive right of the Amish child to a secondary education” (Wisconsin v. Yoder, 1972, 229). Here, the court is recognizing that if the Amish children are not required as per the state requirements to attend school, they are being kept from having an equal right to receive an education, in this court case, the children in question are being kept from receiving a proper secondary education. 
    Furthermore, in Wisconsin v. Yoder, “The dissent argues that a child who expresses a desire to attend public high school in conflict with the wishes of his parents should not be prevented from doing so” (Wisconsin v. Yoder, 1972, 231). While this case ruled in the favor of the parents allowing their children to stop attending school, it created the basis that children should be allowed to attend school if they so choose to, regardless of what the parents beliefs are or what the parent wants for their child. This creates a child’s right to education in the sense that it creates the precedent that neither a child’s parents nor the courts have the power to restrict children from accessing an education. 
    Another landmark court decision regarding the right to education was the Brown v. Board of Education of Topeka et al. Supreme Court case. This case was a compilation of five similar court cases, all regarding segregation of schools, that the Supreme Court decided to hear at once, Briggs et al. v. Elliot et al. in South Carolina, Bolling v. Sharpe in the District of Columbia, Davis et al. v. County School Board of Prince Edward County, Virginia, et al. in Virginia, Brown v. Board of Education of Topeka in Kansas, and Gebhart et al. v. Belton et al. in Delaware. All of these cases involved segregated school districts in which white children had access to more funding and overall better schools than African American children did. In all of these cases, the defendants reported that their schools did not have “playgrounds, ball fields, cafeterias, libraries, auditoriums, and other amenities provided for white children in newer schools” (Delinder, 2004). While the students in these school districts did have the right to education, they were not being given the right to equal, unsegregated education. The court ruled in favor of the plaintiffs.The ruling in Brown v. Board of Education paved the way for students of all races to receive equal treatment in schools, thus giving all students an equal right to education. 
    The Brown v. Board of Education court case states, “In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms” (Brown v. Board of Education, 1954). In this portion, the court is asserting that a child needs to receive an education in order to be successful in life, and also that when the state is providing education for students, every child must have equal access to this education.

Sources:

Brown v. Board of Education of Topeka et al. No. 1, 1954 (Supreme Court of the United States)

Jean Van Delinder, “Brown v. Board of Education of Topeka: A Landmark Case Unresolved Fifty Years Later”, Spring 2004, National Archives Prologue Magazine Vol. 36, No. 1 (https://www.archives.gov/publications/prologue/2004/spring/brown-v-board-1.html#:~:text=On%20May%2017%2C%201954%2C%20the,schools%20in%20twenty%2Done%20states)

United Nations, Universal Declaration of Human Rights, December 1948

Wisconsin v. Yoder, No. 70-110, 1972 (Supreme Court of Wisconsin)

Is the identification of this right associated with a particular era in history, political regime, or political leader?

    There are a few political leaders that are associated with the right to education. One of these is Horace Mann, an education reformer from Massachusetts who is often credited as being the father of the public school (Finkelstein, 1990, 7). Mann was involved with Massachusetts' politics for most of his career, and in 1837 he was appointed as the Secretary of the Massachusetts Board of Education. As Graham Warder says, “Mann argued that the common school, a free, universal, non-sectarian, and public institution, was the best means of achieving the moral and socioeconomic uplift of all Americans” (Warder, 2019). The common school was the basis for today’s public schools. It was Mann’s belief that everyone had the right to not only an education, but a free public education. 
    In the article Horace Mann on the Economic Productivity of Education by Maris A. Vinovkis, he says, “There have been many attempts to categorize Mann’s arguments for education. One useful summary presents the following seven categories… (6) It is the natural right of all individuals” (Vinovkis, 552). Mann’s beliefs on education can be broken down into seven main points, point six being that every individual has the right to an education. This belief was core to Mann, and would lead to the eventual creation of the public school, which, now, every child in the United States has access to.
    Another formative leader in education reform was John Stuart Mill, a philosopher from England. Mill was very passionate about mandatory education, and the creation of a national education system. Bruce Baum, in J.S. Mill’s Political Thought a Bicentennial Reassessment,  states, “Mill’s chief reformist liberal proposals to equalize opportunities across generations are a heavy progressive inheritance tax, taxation of unearned land rents, and publicly supported general education” (Baum, 2007, 110). Mill supported public education as a way to ensure that people had the same opportunities as one another. The right to education is one of the first steps in ensuring that all individuals have the same access to certain opportunities in life, such as getting better jobs after leaving school. 
    In his book, On Liberty, Mill states “Were the duty of enforcing universal education once admitted there would be an end to the difficulties about what the State should teach, and how it should teach” (Mill, 1859, 97). It was Mill’s belief that education should be made universal, and by doing so, the issues surrounding teaching and education would be lessened. Universal education would grant more children the right to education, as it would be universally implemented, rather than left up to individual school districts to decide how to run their education system. This would also allow a greater number of people to have the right to education. 
    When discussing Mills’ beliefs on education, Wendy Donner states “In On Liberty, for example, Mill argues that the process of development of the human capacities requires that the groundwork be laid in childhood education. Hence his argument that children have a right to an education” (Donner, 2007, 261). Mill was an early believer that all children have the right to an education. 

Sources:

Mill. John Stuart. On Liberty, 1859, Kitchener, Ontario: Batoche Books Limited, 2001 edition

Warder, Graham. “Horace Mann and The Creation Of The Common School”, 2019, VCU Libraries Social Welfare History Project, (https://socialwelfare.library.vcu.edu/programs/education/horace-mann-creation-common-school/)

Urbinati, Nadia and Zakaras, Alex, eds. J.S. Mill’s Political Thought A Bicentennial Reassessment. Cambridge: Cambridge University Press, 2007

Vinovskis, Maris A. “Horace Mann on the Economic Productivity of Education.” The New England Quarterly 43, No. 4 (Dec. 1970), pp 550-571

Philosophical Origins

What have religious and philosophical traditions contributed to our understanding of this right?

Social Darwinism

    Social Darwinism was a philosophical field of thought that “believed that the processes of natural selection acting on variations in the population would result in the survival of the best competitors and in continuing improvement in population. Societies were viewed as organisms that evolve in this manner” (Encyclopedia Britannica, 2021). William Graham Sumner, from the United States, and Herbert Spencer, from Hebert Spencer from England, were the two most prominent philosophers of social darwinism. Of these men, Herbert Spencer was most involved with the right to education. Two of Herbert Spencer’s books, Man Versus the States and Essays on Education and Kindred Subjects touch on the topic of education. 
    Tienken, in his article “Neoliberalism, Social Darwinism, and Consumerism Masquerading as School Reform”, writes “In education policy social Darwinism is visible through the use of one-size-fits-all mandated curricula standards and the use of results from mandated standardized testing to make important decisions about children and teachers” (Tienken, 2013, 305). Because of ‘survival of the fittest’ being one of the main points of social Darwinism, these philosophers often want to see what happens when students are all given access to the same schooling and curriculum and who comes out on top after that. 
    Spencer, in his book, Man Versus the State, writes “There is a rising demand, too, that education shall be made gratis (i.e., tax supported), for all. The payment of school-fees is beginning to be denounced as a wrong: the State must take the whole burden” (Spencer, 1916, 22). During Spencer’s lifetime there was a push to make education free for all, by making it be funded by tax dollars. This would, in turn, ensure that more children would have the right to an education. 
    In Essays on Education and Kindred Subjects, Spencer writes, “The notion that an ideal humanity might be forthwith produced by a perfect system of education, is near akin to that implied in the poems of Shelley, that would mankind give up their old institutions and prejudices, all the evils in the world would at once disappear” (Spencer, 1911 86). Social Darwinists believed in ‘survival of the fittest’, a term originally coined by Spencer himself. Thus, these philosophers believed that it was possible that the ideal version of society could be created via the use of education. 

Sources:

Herbert Spencer, The Man Versus the State, Truxton Beale, ed., New York, 1916

Herbert Spencer, Essays on Education and Kindred Subjects, London & Toronto, 1911

Encyclopedia Britannica, “social Darwinism”, 2021, https://www.britannica.com/topic/social-Darwinism (accessed 22 March 2022)

Christopher H. Tienken, “Neoliberalism, Social Darwinism, and Consumerism Masquerading as School Reform” Interchange (March 2013) 295-316

What do the major legal theories (positive law, natural law, critical legal studies, etc.) say about this right?

    The major legal theories, including positive law, natural law, and critical legal studies all have different takes on the right to education. The natural law legal theory sees the right to education as a natural right that all children have. As Albert Grande states, “every child has a natural right to education that will enable him to perform all domestic, social, civil, and moral duties. Education is as natural to the child as breathing and seeing: ‘a child without education is poorer and more wretched than a man without bread’” (Grande, 2006, 70). This branch of legal theory holds that children have a natural right to receive an education, and that an education is one of the most important things that a person can receive in life. The right to education is the basis for many things, and it is through receiving an education that an individual will be able to better themselves and create a better life. 
    In the area of who is responsible for accessing a proper education for their children, natural law holds that it is the responsibility of parents to ensure that their children are being educated via their right to an education. As Melissa Moschella says, “from the natural law perspective, parents legitimately claim that they are the ones primarily responsible for the education and upbringing of their children, and thus that they have the authority to make decisions about how best to carry out their task” (Moschella, 2014, 199). The natural law area of legal theory sees that the right of education for children is in the hands of their parents. We can see this belief upheld in the Wisconsin v. Yoder Supreme Court case, which Moschella also discusses in her article. This case involved an Amish family in Wisconsin in which the parents did not want to send their children to school past the eighth grade, despite the state’s compulsory education laws, because the parents claimed that an education past the eighth grade went against their religious beliefs as an Amish family. The court ruled in their favor, and allowed the parents to keep their children out of school. This ruling falls in line with the beliefs of natural law in relation to education because the courts ultimately let the parents make the final decision about what educational decision was the best choice to raise their children. Regarding the outcome of this case, Moschella says, “parents are the ones with the authority to make controversial decisions about what type of education is in the best interests of their children” (Moschella, 2014, 218). This belief system gives parents, rather than the state, the ultimate authority to make decisions for their children, including when it comes to making decisions about education. In this way, parents are responsible for whether or not children have the right to an education.
    The natural law legal theory is also the basis on which Horace Mann, one of the most well known education reformers, derived his beliefs about education. However, Mann did not hold the belief that the right to education and schooling fell into the hands of parents, he believed that the burden of education fell on the state. Mann has been dubbed the father of the public school because of his beliefs regarding the right to education. He believed that school should be both free and public which came from natural law, “his passionate belief in the common school movement rested upon natural law, which compels the state to provide schools that prepare individuals to perform all the duties essential to citizenship” (Grande, 2006, 69). Horace Mann’s take on the natural law legal theory and education is that it is the responsibility of the government to provide a free education for people. This leads into his belief that the government should be responsible for providing a free education for its citizens. 
    Andrei Marmor talks about the social thesis that exists within the realm of legal positivism, “according to the social thesis, law is a social phenomenon, it is a social institution, and therefore, what the law is, is basically a matter of social facts” (Marmor, 2006, 686). Legal positivism sees law as being related to social facts and society. The right to education is a core part of society.
    When it comes to positive law legal theory, also known as legal positivism, H.L.A. Hart is one of the leading legal philosophers in this field. Hart held that, “legal positivism, as a general theory about the nature of law, is basically descriptive and morally neutral” (Marmor, 2006, 684). Marmor provides a definition for this, “by ‘descriptive’ I mean that such an account does not purport to justify or legitimize any aspects of its subject matter. By ‘morally neutral,’ I mean that the theory need not take a stance on any particular moral or political issues, nor is it committed to any moral or political evaluations” (Marmor, 2006, 683). By these definitions, it means that legal positivism does not exist to have distinct opinions on any particular things or ideas, including rights. 
    One of the few mentions of the right to education within the field of positive legal theory comes in H.L.A. Hart’s essay “Between Utility and Rights”, when he writes, “Why should there not be included a basic right to the positive service of the relief of great needs or suffering or the provision of basic education and skills when the cost of these is small compared with both the need to be met and with the financial resources of those taxed to provide them?” (Hart, 1979, 835). Hart believed that people should have access to basic services and things that would allow them to create a better life for themselves. 

Sources:

Grande, Albert. “Education as a Natural Right” Journal of Civil Rights and Economic Development 21, No. 1 (Fall 2006) 53-72

H.L.A. Hart. “Between Utility and Rights” Columbia Law Review 79, No. 5 (June 1979) 828-846

Andrei Marmor. “Legal Positivism: Still Descriptive and Morally Neutral” Oxford Journal of Legal Studies 26 No. 4 (2006) 683-704

Moschella, Melissa. “Natural Law, Parental Rights, and Education Policy” The American Journal of Jurisprudence 59, No. 2 (2014) 197-227

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.