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Human Rights and Equality in EducationComparative Perspectives on the Right to Education for Minorities and Disadvantaged Groups$
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Sandra Fredman, Meghan Campbell, and Helen Taylor

Print publication date: 2018

Print ISBN-13: 9781447337638

Published to Policy Press Scholarship Online: January 2019

DOI: 10.1332/policypress/9781447337638.001.0001

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PRINTED FROM POLICY PRESS SCHOLARSHIP ONLINE (www.policypress.universitypressscholarship.com). (c) Copyright Policy Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PPSO for personal use.date: 21 October 2020

Public rights and private schools: state accountability for violations of rights in education

Public rights and private schools: state accountability for violations of rights in education

Chapter:
(p.11) One Public rights and private schools: state accountability for violations of rights in education
Source:
Human Rights and Equality in Education
Author(s):
Conor O’Mahony
Publisher:
Policy Press
DOI:10.1332/policypress/9781447337638.003.0002

This chapter discusses state accountability for violations of rights in education. Securing state accountability for vindicating the rights of children in education becomes particularly challenging in the context of private schools. In these schools, a private organisation is interposed between the rights-holder (the child) and the duty-bearer (the state). This poses the question of where responsibility lies if a child's rights are not vindicated. In essence, this was the question that confronted the European Court of Human Rights (ECtHR) in O'Keeffe v Ireland. The key message of the O'Keeffe decision is a crucial one. Children have human rights while they are in school; they do not leave their rights behind at the school gate. The state has a direct obligation to protect the rights of children in all schools, whether fully public, fully private, or something in between.

Keywords:   state accountability, education, education rights, private schools, European Court of Human Rights, public schools, rights violations

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