This guide is part of the series of Guides on the European Convention for the Protection of Human Rights and Fundamental Freedoms published by the European Court of Human Rights to inform legal practitioners about the fundamental judgments delivered by the Strasbourg Court. This particular guide analyses and sums up the case-law under Article 2 of Protocol No. 1 as at June 2015 or when subsequently updated.
In describing the state courts’ active new role following the U.S. Supreme Court‘s decision in Rodriguez v. San Antonio Independent School District,1 this chapter emphasised the dramatic change in the outcome of challenges to state education finance systems that occurred beginning in 1989. From that year up until the time of the book‘s publication in 2009, plaintiffs, who had lost over two-thirds of the cases in the preceding decade, prevailed in more than two thirds of the final liability or motion to dismiss decisions of the state's highest courts. This dramatic turnabout was attributed to the shift in plaintiffs’ legal strategy from an emphasis on equal protection claims to a substantially increased reliance on adequacy claims; the text also stated that the burgeoning standards-based reform movement had a significant impact on the capacity of the courts to craft effective remedies in these cases.
From late 2009 through the end of June, 2017, there were seventeen rulings of state supreme courts or unappealed lower court decisions in cases involving constitutional challenges to state education funding systems. Plaintiffs prevailed in eight of these cases (California (Cal. Sch. Bds), Connecticut, Kansas (2) Louisiana, New Hampshire, South Carolina, and Washington), and defendants prevailed in nine (California (Coalition), Colorado (2), Indiana, Michigan, Missouri, Rhode Island, and South Dakota and Texas). Thus, plaintiffs prevailed in less than 50% of the major cases that were decided in these recent years.
The second edition of the Global Education Monitoring Report (GEM Report) presents the latest evidence on global progress towards the education targets of the UN Sustainable Development Goals.
With hundreds of millions of people still not going to school, and many not achieving minimum skills at school, it is clear education systems are off track to achieve global goals. The marginalised currently bear the most consequences but also stand to benefit the most if policy-makers pay sufficient attention to their needs. Faced with these challenges, along with tight budgets and increased emphasis on results-oriented value for money, countries are searching for solutions. Increased accountability often tops the list.
The 2017/8 GEM Report shows the entire array of approaches to accountability in education. It ranges from countries unused to the concept, where violations of the right to education go unchallenged, to countries where accountability has become an end in itself instead of a means to inclusive, equitable and high-quality education and lifelong learning for all.
The report emphasises that education is a shared responsibility. While governments have primary responsibility, all actors – schools, teachers, parents, students, international organizations, private sector providers, civil society and the media – have a role in improving education systems. The report emphasises the importance of transparency and availability of information but urges caution in how data are used. It makes the case for avoiding accountability systems with a disproportionate focus on narrowly defined results and punitive sanctions. In an era of multiple accountability tools, the report provides clear evidence on those that are working and those that are not.
According to UNESCO, 264 million children and youth are still out of school around the world, and this is only accounting for the primary (61 million) and secondary school (203 million) age population. In particular, the poorest and most marginalised, including ethnic and religious minorities, persons with disabilities, girls, and populations experiencing conflict, are often systematically unable to access and complete a full cycle of quality education. The first volume of NORRAG Special Issue (NSI) is dedicated to examining international frameworks and national policy as well as the challenges of fulfilling the right to education in practice.
The inaugural issue of NSI on the Right to Education Movements and Policies: Promises and Realities aims to highlight the global and national level experience and perspective on guaranteeing the right to education, as outlined in international frameworks, national constitutions, legislation, and policy, when creating the required administrative structures to ensure that the right is respected, protected, and fulfilled for all.
The Issue is divided into six parts, each focusing on a specific theme of right to education policy and practice. The first part includes an article written by RTE staff on The Role of Court Decisions in the Realisation of the Right to Education, which draws on RTE's background paper on accountability for the GEM Report 2017-8.