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Titill
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Children’s Fundamental Human Rights to Education: A comparative look at litigations that have helped to shape this concept

Útgáfa
Apríl 2010
Útdráttur
en

Researchers in education studies have focused on helping us to understand concepts that have helped to develop education across the globe, such as children’s physical and psychological development, pedagogical development, curriculum development, education budgets, education managements, sociology of education, and various state or regional education policies. As a result, in educational studies, it is often quite easy to remember the roles of teachers, principals, executive, legislatures, agencies, local education authorities, schools, or a ministry of education, but not usually the roles of the court in general and strategic litigation in particular. But both have played significant roles in development of education, particularly in developing the concept of children´s rights to education as being of fundamental importance.
As education becomes more and more globalized, with its increasingly expanding bureaucratic structures in many countries, I believe that the roles of the court in shaping children’s rights to education can no longer be ignored. Rather more understanding of it is necessary.
I adopted three types of literature examination in conducting this research; legal cases, legal research and educational research. Cases cited in this report will clearly direct reader’s attention to some particular issues that have been an obstacle to children’s fundamental right to education, how it was challenged and impacts of the court’s decision on education.
By choosing cases from across the globe, I intend to show that violation of children’s fundamental right to education is a global rather than regional or national phenomenon. No doubt that there are many other cases and articles about violation of children’s right to education, but in choosing the cases I reported here, I am primarily concerned with the extent to which the impact of each decided case has propelled the development and sustenance of children’s right to education. It follows that some major cases are not included albeit being of great importance.

Birting
13.10.2010


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