The child's right to education : is it equally accessible to all children?

Abstract

This dissertation analyses whether the right to education, which is a Fundamental Human Right, is equally accessible to all children. I intend to do so by referring to the relevant legislation while examining what is being done in practice. A time-line of happenings on the right to education occurring from 1924 will be discussed in Chapter 1 while discussing the UNICEF's and the UNESCO's policies. I will also review the PISA project while making reference to ECJ and ECHR jurisprudence dealing with claims arising from the breach of this right. Chapter 2 will deal with national legislation protecting the right to education. In this chapter I will be discussing whether our law sees each child as an individual with individual needs. The practical issues encountered in accessing the right to education will be analysed in Chapter 3. I will start by analysing and comparing the National Minimum Curriculum and the National Curriculum Framework. I will then discuss the one-size-fits-all system in education and children with special educational needs while discussing inclusive education. The introduction of help after school programmes and their benefits will also be discussed, together with the importance of empowering parents in helping their children. I will also be discussing the issue of financing education and the interest of children in having smaller classes. An analysis of Maltese jurisprudence on the right to education will conclude this chapter. The fourth chapter deals with the questionnaires conducted with last year B.Ed. primary students at the University of Malta and with primary State, Church and Independent school teachers. My aim in carrying out this exercise was the hope that this analysis will give a more practical perspective on the right to education. As a conclusion, I will be mentioning the salient issues which arose while proposing some suggestions in favour of more inclusion so that all children equally benefit from the right to education.