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Right to Education (Case studies (Non-discriminatory Access (Roma…

- - - - 2002 - amendment - the fundamental right to free and compulsory education for children 6-14
  - - - money came from M of health, not Education - court refused to deal with that
      - 20 years France tried to do it, too long, court said
  - - - segregate white & black in public schools was a violation of the equal protection clause of 14th Amendment
    - - Czech Republic - Roma children were placed in schools for the mentally disabled
        
        ECHR - discrimination
      - Domestic court in Bulgaria - School 103 - 100% Roma student population in a poor settlement in Sofia
    - - US - Plyler v. Doe
        
        Texas, Mexican imigrants
        
        14 amendment: 'nor deny to any person within its jurisdiction the equal protection of the laws'
        
        1975 - deny free enrolment
        
        Imp case: stresses the value of education for the personal development of people & society as a whole
        
        maintaining our basic institutions, and the lasting impact of its deprivation on the life of the child
        
        success through education is not recognised as a right under const law
      - Dominican Republic - Haitian girl - denied leal personaliity
    - - Columbian court - stigmatization & discrimination
      - Botswana - same
  - - - many countries charge fees for attending primary education
    - - rising fees in higher education - a retrogressive measure
        
        Court dismissed on formal legal grounds
        
        non-self- executing nature of s-e provisions
        
        progressive realisation
        
        cannot be invoked directly by citizens
    - - private medical colleges in the state of Karnataka
        
        students from other states paid 30 times higher
        
        Dec.: admission can only be based on merit but not financial criteria
    - - allows schools to charge fees as a complementary source of funding
        
        BUT exemption of parents who are unable to pay
        
        problems
        
        did not inform parents
        
        did not have exemption policy
        
        discriminated
        
        2005 - changes in law, some schools with no fee
        
        a school went to court against 2 mothers + Centre for Applied Legal Studies of the University of Witwatersrand
        
        Court: вы там охуели что ли, must inform even previous students about exemptions
  - - - South Africa - Sunali Pillay of Hindu/Indian descent
        
        was prohibited from wearing a nose stud
        
        unfair discrimination - important for the girl’s identity
    - - 2002 - SC of State of Arcansas
        
        not enough money for schools
        
        Arc.: funding of public schools was a political question
        
        violation of the separation of power
        
        Court for people
        
        by data decided the state did not fulfil its duty
        
        there were inequalities in ed opps btwn rich & poor school districts
        
        !Court decided to stay its mandate until 1 J 2004!
        
        state legislature failed to put in place changes in the education system before the deadline
        
        Court appointed a headmaster to bring the state’s school system up to const standards
        
        2 more items...
      - US - poor districts - not of a minimum quality level
- - - - by every appropriate means, and by the progressive introduction of free education
    - - but conform to minimum standards
  - - - Non-discrimination
        
        inc non-nationals & irrespective of legal status
      - Physical accessibility
        
        within safe physical reach
        
        reasonably convenient geographic location
        
        technology - ‘distance learning’
      - Economic accessibility
    - - relevant curricula & teaching methods
      - culturally appropriate
      - of good quality for students & parents
      - may include
        
        respect for the (linguistic, cultural and religious) rights of minorities & indigenous
        
        a ban on corporal punishment
- - - - courts cannot review legislation