The Protection of the Right to Education by International Law: Including a Systematic Analysis of Article 13 of the International Convenant on Economic, Social and Cultural Rights

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Martinus Nijhoff Publishers, 2006 - 719 pagini
A trend has emerged of not defining education as a "human right" anymore, but of rather calling it a "human need." This has paved the way for an ever increasing commercialisation of education, excluding the poor from access to education. A problem at a different level is that states often do not know what is expected of them when realising the right to education as protected by international law. This relates to the complex nature of this right, which is simultaneously a civil and political "and" an economic, social and cultural right. This book seeks to affirm education as a "human right" and to describe the various state duties flowing from the right to education. It refers to the provisions on the right to education found in instruments of international law and systematically analyses article 13 of the International Covenant on Economic, Social and Cultural Rights. The book is of interest to students, teachers, researchers, legal practitioners and state and international officials dealing with international human rights law.

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Cuprins

Preface List of UNUNESCO Documents Bibliography Table of Cases Internet Resources List of Abbreviations Explanation of Document Symbols
1
A General Analysis of the Protection of the Right
11
History and Nature of the Right to Education
17
The Right to Education and the Disputed
47
The Protection of the Right to Education
85
The Protection of the Right to Education
155
of the Child
216
The Protection of the Right to Education
225
The General Provisions of the International
373
85
387
155
401
225
416
315
440
339
446
Article 13 of the International Covenant
459
freedom to establish
561

against Discrimination in Education
242
Promoting the Right to Education at
315
A Systematic Analysis of the Right to Education
339
The Supervisory System of the International
345
11
366
The Right to Education in the Concluding
571
a country
580
Strengthening Education as a Human Right
605
Cultural Rights Annex Outline of Structure
696
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