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Constitutional Right To An Education In Selected Countries

Constitutional Right To An Education In Selected Countries Author: Library Of Congress

Date Published: 1:53:02 PM Thursday, 9-July-2020


This report describes the law of twenty jurisdictions on the right to education, and whether the right appears in the national constitution or in statutory law. The jurisdictions selected for review have different constitutional arrangements and reflect diverse political, cultural, and economic experiences. All of the surveyed jurisdictions recognize the right to education. Fifteen of them provide for the right in their national constitutions, while five provide for the right through legislation. While the several surveys in this report reflect interesting diversity in how the right to education is recognized in varied jurisdictions around the globe, some of the surveys are of particular interest. South Africa’s 1996 Constitution enshrines the right to education in the Bill of Rights chapter to that Constitution. Courts in South Africa have held that the right to a basic education establishes an affirmative obligation on the state to provide a range of educational resources, including schools, classrooms, teachers, and textbooks.