Annual Survey of International & Comparative Law


The author argues that U.S. as well as international law on educational rights needs to incorporate an important, but heretofore neglected, dimension. U.S. legislation and court decisions, as well as existing international instruments on educational rights focus chiefly on educational access and assign responsibility and authority over educational content and methods almost exclusively to the state and parents. The ideas, concerns and wishes of the young people being educated remain largely unacknowledged and disregarded. The author maintains that only to the extent our understanding of educational rights is rethought to include "youth's self-determination of education for citizenship" can we expect to improve academic performance, overcome negative attitudes toward school, and adequately prepare children and youth for life in a democratic, pluralistic society and an increasingly interdependent world.

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