The Right to Inclusive Education in Germany
The UN Convention on the Rights of Persons with Disabilities in article 24 seeks to combat discrimination of children with disabilities in the field of education by prescribing a model of social inclusion. This paper will critically examine the sociological concept of inclusion, the German experience in implementing article 24 and the limitations of article 24 vis à vis the Right to Education in the International Covenant on Economic, Social and Cultural Rights.
Litigating the Right to Education in Africa
This issue of the INTERIGHTS Bulletin focuses on litigating the right to education in Africa. It includes the following articles:
Litigating the Right to Education: Editorial
Solomon Sacco and Susie Talbot
Africa and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Malcolm Langford and Rebecca Brown
Litigating the Right to Universal Primary Education: Challenges and Prospects
Iain Byrne
Empowering the Next Generation: Securing the Right to Education in the Next Millennium
The following articles relevant to the justiciability of the right to education can be found in this INTERIGHTS Bulletin:
The Justiciability of Social and Economic Rights: An Updated Upraisal
This article considers the question of the justiciability of social and economic rights from both a conceptual and an experiential perspective. It first reviews some of the major concerns that are frequently raised in relation to whether social and economic rights can, or should be, adjudicated by courts, drawing on commentary from experts and judicial and quasi-judicial bodies considering this question. This is followed by an overview of the growing body of jurisprudence from domestic courts and regional and international bodies that have adjudicated social and economic rights.
The role of the courts in ensuring the right to a basic education in a democratic South Africa: a critical evaluation of recent education case law
This article critically evaluates case-law developments regarding the right to basic education as enshrined in the South African Constitution and argues that litigation, or at the least the threat of it, plays an important role in the realisation of the right to education.
The Case for Social Rights
This paper argues that social and economic rights, defined as rights to the satisfaction of basic needs, are constitutional essentials at domestic level and claims of the highest priority at supranational level. Their inadequate legal protection in national and supranational orders is not justified. Social rights have common foundations with civil and political rights, but have been neglected in law because of Cold War ideologies.
Privatization and its Impact on the Right to Education of Women and Girls
On 7 July 2014, the UN Committee on the Elimination of Discrimination against Women (CEDAW) held a General Discussion on the Right to Education for Girls and Women, the aim of which is to commence the Committee’s process of elaborating a “General Recommendation on girls’/women’s right to education.”