Education (Right to)

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This 2014 decision was handed down after three rounds of litigation. In 2012 applicants sought a court order directing the delivery of school furniture to three rural schools in dire need of furniture; a declaration that the State had violated children’s right to education by failing to provide “adequate, age and grade appropriate furniture” at Eastern Cape schools; and an order that the state complete a comprehensive audit of school furniture needs in the province.

The Right to Education Project has recently launched a new website. The site’s section on monitoring the right to education gives a succinct introduction to:

  • What to monitor, including a country’s legal framework
  • ...

ESCR-Net’s member Right to Education Project has launched a re-conceived and re-designed website to be more user-friendly and allow for greater interactivity

Country: 
United Kingdom
Working Group(s) / Area(s) of Work: 
Strategic Litigation
Economic Policy
Monitoring
OP-ICESCR

This case concerns a 2009 appeal before the Constitutional Court of South Africa, brought by the Head of the Mpumalanga Department of Education (HoD).

Shortly after the plaintiff, Jamie Sinnott, was born in 1977, doctors discovered he was severely autistic.  For the next 22 years of his life, his mother attempted to provide her son with basic speech, language, and motor skills, as well as toilet-training.  Unfortunately, she discovered that the few institutions for children with severely physically and mentally disabilities in Cork, Ireland did not meet the continuous education needs of her autistic child. In 1997, Mrs.

In 2003, four year old Jeremiah Cronin, diagnosed with attention deficit hyperactivity and autism, was assessed as needing a 32-hour-per-week intensive home-based program to meet his special needs while awaiting placement in Cork CABAS School.  His mother instituted an action for injunctive relief directing the Minister for Education (“the Minister”) to provide such home-based tuition for 29 hours per week during the child’s pre-school phase.  She claimed that her son was entitled to a free primary education under the Irish Constitution, relying on the Irish Supreme Court’s reference to uph

This class action consolidated a number of cases brought on behalf of black schoolchildren denied admission to segregated public schools, under state law. Public facilities were previously racially segregated in the United States, particularly in the South. The case sought to challenge the "separate but equal" doctrine set forth in Plessy v. Ferguson, 163 U.S. 537 (1896), that governed racial segregation at the time.

Applicant Paul O’Donoghue was born in November 1984 and contracted Reyes Syndrome, a serious viral infection, at eight months old, suffering brain damage as a result.

The Brazilian Federal Supreme Court unanimously decided to uphold the constitutionality of racial quotas in University admission processes, in order to create a diverse academic environment, to overcome a history of racial discrimination in Brazil, and to promote the principle of de facto equality as applied to racial discrimination in education.  In addition, the Court addressed issues of proportionality and reasonability as criteria to assess the constitutionality of policies aimed at achieving racial equality.