In this decision, the Florida Supreme Court held that a voucher program providing public funds to students to obtain private education failed to comply with article IX, section 1 of the Florida Constitution, which requires the state government to make adequate provision for education through a uniform system of free public schools. This decision confirms Florida’s constitutional obligation to provide high quality, free public education – a duty that cannot be discharged by funding unregulated private schools through a voucher or scholarship program. The decision is consistent with the principle that the State has the primary responsibility for ensuring that the right to education is upheld regardless of whether the provider is public or private, and that the State must ensure that private providers meet minimum educational standards.
In this decision, the European Court of Human Rights clarified States’ obligations regarding the freedom of parents to educate their children according to their religious and philosophical convictions as guaranteed by Article 2 of Protocol 1 (P1-2) to the European Convention on Human Rights. The Court found that compulsory sex education in public schools does not violate parental freedom.
Education is a fundamental human right of every woman, man and child. In states’ efforts to meet their commitments to making the right to education a reality for all, most have made impressive progress in recent decades. With new laws and policies that remove fees in basic education, significant progress has been made in advancing free education. This has led to tens of millions of children enrolling for the first time and the number of out of school children and adolescents falling by almost half since 2000. Important steps have also been taken with regard to gender parity and states have made efforts to raise the quality of education through improved teacher policies and a growing emphasis on learning outcomes.
Despite these efforts, breaches of the right to education persist worldwide, illustrated perhaps most starkly by the fact that 262 million primary and secondary-aged children and youth are still out of school. Girls, persons with disabilities, those from disadvantaged backgrounds or rural areas, indigenous persons, migrants and national minorities are among those who face the worst discrimination, affecting both their right to go to school and their rights within schools.
To respond to the challenges, the Right to Education Initiative (RTE) with UNESCO have developed this handbook to guide action on ensuring full compliance with the right to education. Its objective is not to present the right to education as an abstract, conceptual, or purely legal concept, but rather to be action-oriented. The handbook will also be an important reference for those working towards the achievement of SDG4, by offering guidance on how to leverage legal commitment to the right to education as a strategic way to achieve this goal.