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...
Vergara Ruling Poses Problems for Separation of Powers and Academic Freedom
On June 10th, handing down judgment in Vergara v. California, the California Supreme Court struck down three statutes providing tenure for primary and secondary teachers and extra job security for...
Are Women's Rights Really Human Rights?
At the second World Conference on Human Rights in June 1993, the statement, ‘women’s rights are human rights’ was first coined and accepted due to vociferous lobbying on the part...
Victory in first Certified Class Action Sees Teachers Appointed and Paid
A landmark settlement agreed on 20th March 2014 in Linkside v Department of Education has consolidated the law regarding class action in South Africa, andis a significant victory in the...
South African Judge Lays Down the Law on the Right to a Basic Education
In previous posts, Chris McConnachie has documented the rise and the successes of South Africa’s emerging education adequacy movement. In this post he analyses the movement’s most recent victory in...
Ready to Learn?
South Africa’s Legal Resources Centre (LRC) launched a new book—Ready to Learn? A Legal Resource for Realising the Right to Education—on 25 October at the Open Society Foundations in New...
Cultivating a Common Bond: The Right to Adequate Education in South Africa and the United States
As the newest wave of education adequacy litigation crashes upon the shores of South Africa, courts there face the enormous task of breathing life into a socio-economic right that is...