How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.

In this book, Joel Spring offers a powerful and closely reasoned justification and definition for the universal right to education--applicable to all cultures--as provided for in Article 26 of the United Nation's Universal Declaration of Human Rights. One sixth of the world's population, nearly 855 million people, are functionally illiterate, and 130 million children in developing countries are without access to basic education. Spring argues that in our crowded global economy, educational deprivation has dire consequences for human welfare. Such deprivation diminishes political power. Education is essential for providing citizens with the tools for resisting totalitarian and repressive governments and economic exploitation. What is to be done? The historically grounded, highly original analysis and proposals Spring sets forth in this book go a long way toward answering this urgent question. Spring first looks at the debates leading up to the Universal Declaration of Human Rights in 1948, to see how the various writers dealt with the issue of cultural differences. These discussions provide a framework for examining the problem of reconciling cultural differences with universal concepts. He next expands on the issue of education and cultural differences by proposing a justification for education that is applicable to indigenous peoples and minority cultures and languages. This justification is then applied to all people within the current global economy. Acknowledging that the right to an education is inseparable from children's rights, he uses the concept of a universal right to education to justify children's rights, and, in turn, applies his definition of children's liberty rights to the concept of education. His synthesis of cultural, language, and children's rights provides the basis for a universal justification and definition for the right to education -- which, in the concluding chapters, Spring uses to propose universal guidelines for human rights education, and instruction in literacy, numeracy, cultural centeredness, and moral economy.

12. Parental educational rights

In Revolution of the Right to Education, A. Reis Monteiro offers an interdisciplinary and topical introduction to the International Education Law, broadly defined, striving to explain why the normative integrity of the right to education carries far-reaching revolutionary significance.

In this book, Joel Spring offers a powerful and closely reasoned justification and definition for the universal right to education--applicable to all cultures--as provided for in Article 26 of the United Nation's Universal Declaration of Human Rights. One sixth of the world's population, nearly 855 million people, are functionally illiterate, and 130 million children in developing countries are without access to basic education. Spring argues that in our crowded global economy, educational deprivation has dire consequences for human welfare. Such deprivation diminishes political power. Education is essential for providing citizens with the tools for resisting totalitarian and repressive governments and economic exploitation. What is to be done? The historically grounded, highly original analysis and proposals Spring sets forth in this book go a long way toward answering this urgent question. Spring first looks at the debates leading up to the Universal Declaration of Human Rights in 1948, to see how the various writers dealt with the issue of cultural differences. These discussions provide a framework for examining the problem of reconciling cultural differences with universal concepts. He next expands on the issue of education and cultural differences by proposing a justification for education that is applicable to indigenous peoples and minority cultures and languages. This justification is then applied to all people within the current global economy. Acknowledging that the right to an education is inseparable from children's rights, he uses the concept of a universal right to education to justify children's rights, and, in turn, applies his definition of children's liberty rights to the concept of education. His synthesis of cultural, language, and children's rights provides the basis for a universal justification and definition for the right to education -- which, in the concluding chapters, Spring uses to propose universal guidelines for human rights education, and instruction in literacy, numeracy, cultural centeredness, and moral economy.

In view of the trend of demoting education from "human right" to "human need", this book seeks to affirm education as a "human right" and to describe the various state duties flowing from the right to education, by systematically analyzing article 13 of the International Covenant on Economic, Social and Cultural Rights.

The dawn and development of the human right to education is a new chapter in the History of Education and has given rise to an International Education Law that constitutes the present highest normative source for education. It should be recognised and studied as a new juridical and educational discipline, source of the principles of legitimacy and quality of education as a human right and global public good. The right to education carries a revolutionary significance, reflecting the ethical revolutionary significance of human rights and of the rights of the child. The Revolution of the Right to Education may be condensed into the concept of Rightful Education, understood as education consistent with the normative integrity of the right to education, which may be systematised in Principles of Ethics of the Right to Education, from which stem Educational Rights. Education is the greatest human power and responsibility. It is not a magical power, but the human species has no greater power to take care of itself – of its emotions, sentiments, ideas, ideals, destiny… The book is a valuable reference source for researchers and students in Education, Law and Human Rights.