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
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
Policy Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.
