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ERIC Number: EJ1376022
Record Type: Journal
Publication Date: 2022
Pages: 23
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-0007-1005
EISSN: EISSN-1467-8527
Education: A Compulsory Right? A Fundamental Tension within a Fundamental Right
Gaviria, José-Luis
British Journal of Educational Studies, v70 n6 p653-675 2022
This paper is on the paradox of a right, the right to education that is almost universally declared as compulsory. The reason for the compulsion seems to be in its nature as a right. Within a Hohfeldian framework, any claim-right has a corresponding duty. Given that making education compulsory equates to establishing a duty, the possible candidates to the duty generating right-bearers are considered. The rationales for compulsion from the points of view of positive (for one's own good), negative (no compulsion at all), and republican liberty (society right) are analyzed, and the conclusion is reached that none of the three can produce sufficient justification for compulsion. The main conclusion is that education is a right, not an obligation. Therefore, neither the children nor their families can be legally forced to an unrestricted exercise of this right without even being heard. The law must reflect, in its progressive flexibility, the growing possibilities of choice for right-holders who are adults 'in fieri'.
Routledge. Available from: Taylor & Francis, Ltd. 530 Walnut Street Suite 850, Philadelphia, PA 19106. Tel: 800-354-1420; Tel: 215-625-8900; Fax: 215-207-0050; Web site: http://www.tandf.co.uk/journals
Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Europe
Identifiers - Laws, Policies, & Programs: United Nations Convention on the Rights of the Child
Grant or Contract Numbers: N/A