Human Rights Law: Special Focus on Economic, Social and Cultural Rights

INDEX

* STATE OBLIGATIONS IN THE RIGHT TO EDUCATION ACCORDANCE WITH INTERNATIONAL STANDARDS________________________ 3

* INTRODUCTION OF THE RIGHT TO EDUCATION IN SPAIN_______ 4

* TYPES OF SCHOOLS IN SPAIN______________________________ 4

* AFFORDABILITY_________________________________________ 5

* CONFLICT WITH FREEDOM OF CHOICE BY PARENTS____________ 6

* CONCLUSION___________________________________________ 6

* BIBLIOGRAPHY__________________________________________ 7

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STATE OBLIGATIONS IN THE RIGHT TO EDUCATION ACCORDANCE WITH INTERNATIONAL STANDARDS

First of all, we must make a reflection on the obligations imposed by international standards to national states

One of the most important rules and the oldest is the Universal Declaration of Human Rights, in Article 26[1] specifically, which establishes the right to compulsory and free education.

Other international regulations such as International Convenant on Economic, Social and Cultural Rights, year 1966 (Article 13) and Convention on the Rights of the Childs, 1959 (art 28 and 29) provide other features of the right to education. Education should be free and compulsory in the elementary and basic stages and should be directed to the development of the human personality as well as to the sense of dignity, always respecting fundamental freedoms.

Analyzing the aforementioned articles, we can see that the state must guarantee a number of features in education: availability, ie education should be available to every child, through appropriate and sufficient institutions; accessibility, ie for all children without discrimination, whatever the reason; acceptability, i.e. adequate education to the goals and values; and adaptability, i.e. adaptation to the social needs and changes[2]

It consists in promoting an active and comprehensive participation in society, while respecting non-discrimination based on race, ethnicity or religion. Specifically in the Convention on the Rights of the Childs Article 29, d) there must be a preparation of children for a responsible life in a spirit of understanding, peace, tolerance, equality of sexes and friendship among all people without any discrimination.

Therefore, partner States to these international agreements, as is the case in Spain are required to follow these guidelines on the right to education, orientating towards the aims and objectives set out in the said standards, considering that the key is to pursue the full development of human personality.

INTRODUCTION OF THE RIGHT TO EDUCATION IN SPAIN

The fundamental rule in the Spanish state is The Spanish constitution of 1978 that also provides for the right to education as a fundamental right in Article 27, which states that the international conventions states: disponibility: “Basic education is compulsory and free“ accesibilitty: "everyone has the right to education” . acceptability: “Through general education programming, with the effective participation of all sectors concerned and the creation of educational centers”; adaptability: "The public authorities guarantee the right of parents for their children to receive religious and moral instruction in accordance with their own convictions".

Now the question is how Spain meets the right to education according to international standard, and problems in the freedom of choice of school of the parents.

TYPES OF SCHOOLS IN SPAIN

First you can establish a classification of educational systems:

The public education system is the one that fully funds the government, all centers to undergo the same performance standards, defining spaces, curriculum ... It is therefore the government who defines what goals teaching has to achieve, following a particular ideology.

In the private system, the operation and ideology of the center depend on the owners. This system ensures that parents can determine what kind of ideology they want their children to receive and students must pay for the education they receive.

In the Spanish public education system there is a system of schools that are financed with public funds, which is composed of public facilities owned by the state, the state pays all expenses, teachers are civil servants and have to pass a competitive examination, and on the other hand, there is another sector that are owned by either private or religious holders who get a government grant for operating expenses for the payment of teachers, but the buildings are privately owned and teachers are hired by the schools and do not have to go thru competitive examination, that is subsidized private schools.

Spain therefore opted for a public system, but with a double ownership of schools: public and private-subsidized. It is what is called the network of centers supported with public funds. This is due to the historical evolution in Spain.

Therefore it can be concluded that this system guarantees compulsory and free basic education as set standards.

AFFORDABILITY

Therefore, once the Spanish educational system is defined, this question must be asked: State owned public system, i.e., pure public system, or dual public system including private schools as subsidized centers?

The analysis of the affordability of the system towards a pure Spanish public system in the current education system can be analyzed from two aspects. First, and seen from an economic aspect, the question is: can the Spanish state invest to have a system of public centers guaranteeing the right of all Spaniards to free basic education? From my point of view, the answer is that this would be very complicated. The amount of money that should be spent only on required public investment makes it not only unlikely but impossible that this