Philosophers and others have debated for centuries about the concept of “rights” -
what they are, where they came from, how they evolved, on what authority they
proceed, and in what formulations. Because rights express values and are not simply
rules governing an immutable status quo, there will always be debates over some
aspects of human rights. It is precisely because of this uncertainty that the
international community, in 1948, through the General Assembly of the United
Nations, drafted the Universal Declaration of Human Rights as a standard of
measurement for the formulation and interpretation of human rights and freedoms.
Acknowledged within the Declaration is the universal right to education. One reason
for its acknowledgment is the crucial role that education plays in the promotion of
equality and the full realization of all other human rights. A second reason concerns
the growing appreciation of the relationship that exists between education and
increased social and economic benefits. However, despite its pivotal role as a
multiplier of human rights and socio-economic benefits, little has actually been written
on the right to education to elaborate upon its direction or define its boundaries.
Most of what is documented on the right to education comes from legal and political
sources, through the voices of judges, lawyers, statesmen, and politicians. Educators,
who are generally held responsible for its actual promotion and implementation, have
to date contributed very little to our knowledge of the right to education. Clearly this
must change. To prevail in practice human rights require not only articulation but
interpretation, validation, legislation, enforcement by rule of law and, finally, to be
conceived of in a positive formulation. Thus, rights have to be made, and the purpose
of this study is to invite educators into the conversation to assist in the making of the
right to education by contributing to its interpretations and validating its claims.
This inquiry unfolds in twelve chapters. Chapter 1 sets an autobiographical context
and includes my own memories and experiences interpreting the right to education as
well as the research questions and methodology. Chapter 2 examines the concept of
human rights, their evolution, and the basis for their authority. Chapter 3 examines
existing interpretations of the right to education in the literature. Chapter 4 examines
the meaning of education in the right to education. Chapter 5 examines the
compulsory nature of the right to education and the basis for its distinct status among
other human rights. Chapters 6 through 8 examine the concepts of equality and equal
educational opportunity and their relationship to the promotion of human rights and
the right to education. Chapters 9 and 10 examine the ends of the right to education as
proclaimed in the Declaration, contrasting these ends with the goals set out by the
Ministry of Education in the Province of British Columbia. Chapter 11 examines
parental rights to choose the most suitable kind of education in the context of claiming
the right to a free education for their children. The final chapter represents an attempt
to make sense of the inquiry and the efforts and contributions of research participants
and researchers in the literature towards increasing our understanding of the
interpretations and implications of the right to education.
| Identifer | oai:union.ndltd.org:uvic.ca/oai:dspace.library.uvic.ca:1828/882 |
| Date | 21 April 2008 |
| Creators | Karmel, Joe |
| Contributors | Graham, Roy |
| Source Sets | University of Victoria |
| Language | English, English |
| Detected Language | English |
| Type | Thesis |
| Rights | Available to the World Wide Web |
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