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...
Fighting for the Right to Education in South Africa
‘Ninety percent of children are now enrolled in primary education in the developing world’. A statistic of success, often used to demonstrate the influence of the MDGs and the goal...
Religion in the classroom: Loyola High School versus the Supreme Court of Canada
In Quebec the Minister of Education, Recreation and Sports mandated that all schools, including private schools, taught a program on “Ethics and Religious Culture” (ERC). The program had to teach...
Implementing the Right to Education Through the Courts: The Legal Resources Centre and Oxford University Host Workshop on Remedies and Enforcement
The courts are a very effective tool in enforcing socio-economic rights and filling gaps so often left by governments. The Legal Resources Centre (LRC) has litigated the right to education...
Court Makes Unprecedented Step Appointing “Claims Administrator” to Ensure State Compliance with Court Order
A landmark judgement handed down on 12th December 2014 in the case of Linkside & Others v Minister of Education sees a “claims administrator” appointed to oversee the payment of...
Judicial Experimentation and Public Policy: A New Approach to the Right to Education in Brazil
Should judges interfere with the enforcement of public policies implemented by the executive? If yes, what would the best way to do so? In December 2013, the Court of Appeal...
