Although there is no federal right to education, there is a strong tradition of support for public schools as evidenced by the recognition of the right to education in all fifty state constitutions.4 Ratified (formally incorporated into domestic law) treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) also commit the federal government to certain standards of equity and can be used as a foundation for accountability. Despite these formal commitments, millions of young people are not protected from violations of their human right to a quality education.
U.S. GOVERNMENT OBLIGATIONS
To ensure the right to education, the United States has the following obligations:
RESPECT – governments must not deprive anyone of access to education and must refrain from taking retrogressive measures (take-backs) that are incompatible with the enjoyment of the right to education.
PROTECT – governments must take measures to prevent individuals or third parties, such as corporations, from interfering in any way with the enjoyment of the right to education.
FULFILL – governments must adopt the necessary measures to achieve the full realization of the right to education.
TAKE STEPS – the government must use the maximum amount of resources available to ensure the right to education based on the resources of society as a whole, not only the resources within the current budget.
MEET MINIMUM CORE – the government must ensure the right to education based on minimum standards that are shaped and informed by the specific learning needs of students and communities in particular socio-economic contexts.
NON-DISCRIMINATION – the government must ensure equity and non-discrimination in the right to education in order to prevent inferior educational opportunities and outcomes for particular communities, whether due to class, race, gender, language or other factors.
PROTECT MOST VULNERABLE – the government must actively reach out to marginalized and excluded people, who face the greatest barriers in realizing the right to education.
MONITOR AND REPORT – the government must monitor and report on the right to education in relation to both conduct and results, so that the government is held accountable for its action and inaction, as well as for educational results and outcomes.52