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The Protection of the Right to Education by International Law: Including a Systematic Analysis of Article 13 of the International Covenant on Economic, Social and Cultural Rights

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ISBN13: 9789004147041
ISBN: 9004147047
Published: January 2006
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £228.00



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A trend has emerged of not defining education as a “human right” anymore, but of rather calling it a “human need”. This has paved the way for an ever increasing commercialisation of education, excluding the poor from access to education. A problem at a different level is that states often do not know what is expected of them when realising the right to education as protected by international law. This relates to the complex nature of this right, which is simultaneously a civil and political and an economic, social and cultural right. This book seeks to affirm education as a “human right” and to describe the various state duties flowing from the right to education. It refers to the provisions on the right to education found in instruments of international law and systematically analyses article 13 of the International Covenant on Economic, Social and Cultural Rights. The book is of interest to students, teachers, researchers, legal practitioners and state and international officials dealing with international human rights law.

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Subjects:
Human Rights and Civil Liberties, Education Law, Public International Law
Contents:
Preface;
List of UN/UNESCO Documents & Bibliography;
Table of Cases;
Internet Resources;
List of Abbreviations;
Explanation of Document Symbols;
Chapter One: Introduction;
Part A: A General Analysis of the Protection of the Right to Education by International Law;
Chapter Two: History and Nature of the Right to Education;
Chapter Three: The Right to Education and the Disputed Category of Economic, Social and Cultural Rights;
Chapter Four: The Protection of the Right to Education by International Legal Instruments;
Chapter Five: The Protection of the Right to Education by Regional Legal Instruments;
Chapter Six: The Protection of the Right to Education by Legal Instruments of the United Nations Specialised Agencies;
Chapter Seven: Promoting the Right to Education at the International Level;
Part B: A Systematic Analysis of the Right to Education as Protected in Article 13 of the International Covenant on Economic, Social and Cultural Rights;
Chapter Eight: The Supervisory System of the International Covenant On Economic, Social And Cultural Rights;
Chapter Nine: The General Provisions of the International Covenant on Economic, Social and Cultural Rights;
Chapter Ten: Article 13 of the International Covenant on Economic, Social and Cultural Rights: The Right to Education;
Chapter Eleven: The Right to Education in the Concluding Observations of the Committee on Economic, Social and Cultural Rights;
Chapter Twelve: Strengthening Education as a Human Right, and Improving the Supervision of Article 13 of the ICESCR Under the International Covenant on Economic, Social and Cultural Rights;
Annex;
Outline of Structure;
Index.