Faculty Scholarship

Document Type

Article

Publication Date

2013

Abstract

This paper argues that public education is an international human right that the U.S. ought to recognise and protect. Recognising a right to public education would correct a major inconsistency in U.S. law by bringing education rights docrtine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognises public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.

Comments

This essay is part of the Public Law and Social Human Rights compilation from the Athens Institute for Education and Research, edited by David A. Frenkel. The individual essays remain the intellectual properties of the contributors.

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