Document Type
Article
Publication Date
2024
Publication Information
55 Geo. Wash. Int'l L. Rev. 357 (2024).
Abstract
This article explores the concept of educational adequacy, balancing the right to education for children and educational freedoms. Specifically, the research paper describes why States parties must meet Article 13(1) goals under the International Covenant of Economic, Social and Cultural Rights (ICESCR) but, at the same time, ensure parents’ rights and the liberty to establish and direct private educational institutions as minimum core and immediate-effect obligations. Accordingly, there is no prioritization or subordination of educational freedoms favoring the right to education, or vice versa, which constitutes a false dichotomy since the right to education and educational liberties are interrelated rights that must be balanced at the level of domestic implementation. The latter is clear because education is not a morally neutral process, which is why legal pluralism in the educational context is not only an application or interpretation of subsidiarity as a general principle of international human rights law, as educational diversity also appears as a direct and explicit application of Articles 13(3) and 13(4) of the ICESCR.
Recommended Citation
Jorge Barrera Rojas,
Educational Adequacy: Harmonizing the Right to Education, Parents' Rights, and Educational Freedoms Under the International Covenant on Economic, Social and Cultural Rights,
55 Geo. Wash. Int'l L. Rev. 357 (2024)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1607