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EDUCATIONAL ADEQUACY: HARMONIZING THE RIGHT TO EDUCATION, PARENTS' RIGHTS, AND EDUCATIONAL FREEDOMS UNDER THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Journal article

EDUCATIONAL ADEQUACY: HARMONIZING THE RIGHT TO EDUCATION, PARENTS' RIGHTS, AND EDUCATIONAL FREEDOMS UNDER THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Jorge Rojas and Jorge Barrera-Rojas
The George Washington international law review, Vol.55(3), pp.357-391
01/01/2024

Abstract

Access to education Adequacy Compliance Education Freedoms Human rights International law Learning environment Legal pluralism Multiculturalism & pluralism Parental rights Parenthood education Parents & parenting Provisions Quality standards Subordination Subsidiarity
This Article explores the concept of educational adequacy, harmonizing the right to education for children, and educational freedoms. Specifically, it 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 or disfavoring the right to education; this constitutes a false dichotomy since the right to education and educational liberties are interrelated rights that must be harmonized 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, but also educational diversity is a direct and explicit application of Article 13(3) and 13(4) of the ICESCR.

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