Education (Right to)

Primary tabs

The claimants filed a tutela action against several state institutions alleging failure to comply with their mission of protecting displaced persons and to effectively respond to the displaced’s requests related to housing, access to production projects, health care, education and humanitarian aid.

Country: 
China
Working Group(s) / Area(s) of Work: 
OP-ICESCR

The Inter-American Commission on Human Rights (IACHR) received a petition in favor of Dilcia Yean and Violeta Bosica against the Dominican Republic for denying them the Dominican nationality although they were born there. The petitioners claimed that, since their nationality was not acknowledged, the girls were exposed to the imminent threat of being expelled from the country and, lacking an identity document, could not attend school.

The Yakye Axa community, a Paraguayan indigenous community belonging to the Lengua Enxet Sur people, filed a complaint with the Inter-American Commission of Human Rights (IACHR) alleging Paraguay had failed to acknowledge its right to property over ancestral land. Given its impossibility to solve the case, the Commission referred it to the Inter-American Court of Human Rights.

The case involved a challenge by certain private professional educational facilities to the constitutionality of state laws regulating capitation fees charged by such institutions.  

According to Section 298 each local education authority (‘LEA') was required to make arrangements for the provision of suitable education for those children of compulsory school age who, by reason of, amongst other things, illness, might not otherwise receive it. According to Section 298, “‘suitable education,' in relation to a child...

Under international human rights law, the state not only has the obligation to avoid, prevent and remedy human rights abuses, it must also do its utmost to advance awareness and acceptance of human rights. Human rights education is an integral part of the duties of human rights themselves....

Francophone parents in five school districts applied for an order that French-language facilities and programs be provided at the secondary school level as required by s. 23 of the Canadian Charter of Rights and Freedoms.   The trial judge found a s.

The Texas Constitution declares that “a general diffusion of knowledge” is “essential to the preservation of the liberties and rights of the people”. Further, the Legislature and State have a duty “to establish and make suitable provision for the support and maintenance of an efficient system of free schools” (Article VII § 1). Here, the Petitioners sought a review of an appeal court's order that reversed a trial court judgment which found that Texas' school financing system violated the Texas Constitution. This system relied on local property taxes to fund schools.

In 1993, the Campaign for Fiscal Equity, as well as several students and their parents, filed a complaint asserting that New York State's educational financing scheme, in violation of the state Constitution, fails to provide public school students in New York City, an opportunity to obtain a sound basic education. Gross underfunding of schools had allegedly led to a scarcity of basic resources, as well as low test scores and graduation rates.