James Rooney is one of the Oxford Human Rights Hub/Rhodes University Travelling Fellows. The Fellowship is a partnership between the Oxford Human Rights Hub, Rhodes University in South Africa, and...
Socio-Economic Rights Advocacy in South Africa’s Eastern Cape
I am one of the two Oxford Human Rights Hub/Rhodes University Travelling Fellows for this year. This is the first year of the fellowship, and the second fellow will be...
Two Kinds of Pluralism and the Future of Affirmative Action
Fisher v. Texas II, decided this week in a startling opinion by Justice Kennedy for a 4-3 majority of a short-handed Court, will not end the controversy—or the litigation—over affirmative...
Justice Scalia’s Terribly Few Words on Education Rights
Justice Scalia was a wordsmith whose informal, pithy style and wit forced smiles from even his staunchest critics. His influence on the Supreme Court came through the sheer effect of...
Let’s Talk about Sex Education and Human Rights
Despite a proposal by four prominent House of Commons Committees and various professional organisations, the Minister of Education announced on February 11, 2016 that age-appropriate sex and relationship education, including...
Textbook Provision for Learners in South Africa: Supreme Court of Appeal Judgment in the BEFA Case
In December 2015, the South African Supreme Court of Appeal (“SCA”) in the case of Minister of Basic Education and Others v Basic Education for All and Others (the “BEFA”...
Irish Government Abandons Plans to Reduce Elitism in Schools
In a disappointing blow for proponents of equality, the Irish Minister for Education, Jan O’Sullivan TD, announced on 9 December that she is not pushing ahead with legislation, the Admissions...
Litigating the Right to Education
Strategic litigation is often promoted as a key tool for human rights activists to push governments to adhere to international standards. But what impact do such cases have, beyond changing...
South African Supreme Court of Appeal Set to Hear the Limpopo Textbooks Case
On 24 November 2015, the South African Supreme Court of Appeal will hear the appeal in what is widely referred to as the ‘Limpopo textbooks case’. The case will, in...
The Out of School Children Case: A Model for Court-Facilitated Dialogue?
An Indian citizen enjoys a constitutionally guaranteed right to free and compulsory primary education (Article 21A of the Constitution of India and the Right of Children to Free and Compulsory...
Long Walk to Education – Scholar Transport Now an Element of the Right to Basic Education in South Africa
In the precedent-setting decision of Tripartite Steering Committee and Another, the Eastern Cape High Court held that the constitutional right to a basic education is ‘meaningless’ unless students have access...
The Right to Education post-2015
The right to education must include standardised measures to ensure equality, quality and accountability. The future development agenda should be committed to its enforceability. These were some of the conclusions...