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Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of Law Teacher. The first part will analyse the right of children to an education.
In the UK and in other jurisdictions there is also a duty placed on the parents of the children to ensure that their children receive an education, either by ensuring they attending school or by providing the child with home schooling. In this part of the essay, we will examine both UK and international regulations and laws governing the legal consideration of education as well as its provision.
With regards to the provision of education, the government and the parents / tutors of a child are subject, among others, to the following regulations: The Education Act of 1996 establishes that parents must provide full time education to their children who are of compulsory school age.
The following paragraphs offer a brief selection of some of these views on the topic.
It is evident from the excerpts selected that a number of different rationales for the importance of education have been advanced: Society can survive only if there exists among its members a sufficient degree of homogeneity; education perpetuates and reinforces this homogeneity by fixing in the child, from the beginning, the essential similarities that collective life demands. The right to adequate education is necessary for people to participate in the democratic process and for such process to function.
This education should be adapted to the age, ability and aptitude of the child.
It contemplates the provision of education to children with special needs and the possibility of parents enrolling their child in a regular school or facilitating access to education in a different form. On a global scale, the most important set of regulations relating to education and its provision are found in the United Nations Convention on the Rights of the Child and in article 26 of the Universal Declaration of Human Rights.
Notwithstanding the value of the activity for the individual and for society, government imposition of an activity makes it a duty, not a right.
However, unlike compulsory activities such as military service, where applicable, the duty associated with education is not placed on the individual participating in the activity, i.e. In the case of education, the duty is placed on the state in terms of ensuring that individual children are provided with an education.
As will be observed later in this essay, education is broadly considered by society and by regulators as a right.
An overwhelming majority of the legal texts consulted for this essay present education, particularly in the case of children, as an inalienable right.