Education is fundamentally concerned with realising the potential of every child, but an increasing social diversity presents enormous challenges for the state in terms of its commitment to providing an appropriate education for all. Factors such as ethnicity, disability and material deprivation are associated with inequality, social exclusion and the risk of low educational attainment. Diversity also reflects divergent cultural values and norms. In responding to the challenges posed by diversity, public education authorities are to some extent constrained by individual or group rights. This book examines the nature of these rights, including those under the European Convention on Human Rights, and the ways and contexts in which they operate. Their social effects are also considered. Areas discussed include the curriculum, special educational needs and choice of school. A key theme in the book is the promotion and enforcement of equal access to education, including higher education. Issues of multiculturalism, the social integration of minorities, religion in education and the recognition of children's independent rights are among those that are also discussed.
The book centres on England and Wales and covers the evolving legislative framework, including the Education and Inspections Bill 2006, but relevant legal developments in other states are also highlighted.
Rezensionen / Stimmen
This new book adds considerably to the currently available literature. Its interdisciplinary nature is likely to make it of interest to those concerned with the regulation of education from a variety of perspectives. Harris has utilised his expertise in education law to produce a book that is both informative in terms of providing a thorough explanation of the relevant areas of law, and probing in attempting to offer a clearer understanding of the major tensions and difficulties which arise as a result of some of the policies pursued in education in recent years which have sought to advance values such as diversity, choice and inclusion. The analysis contained in the book is thorough, deriving from extensive research into the subject which draws upon legal, political and sociological materials amongst others. Education, Law and Diversity is likely to be a valuable addition to any law or education library. Gary Wilson Liverpool Law Review April 2009 ...provides a critical audit of the education policies of New Labour...its real strength is the way in which it analyses the relationship between the diverse population, school provision and politics. In examining the often contradictory aims of education in a liberal democracy he questions not only whether the school system can reflect the broader population but whether it ought to...This book is rich in detail - with extensive references and analysis of both domestic, ECHR and US case law and of the approach of many of the key thinkers in debates about citizenship and the crisis of western liberalism. It will be of enormous value not just to education lawyers but to anyone with an interest in the relationship between education, families, children and politics. Daniel Monk International Journal of Law, Policy and the Family ...what we have here is more than simply a thesis on the accommodation of diversity in the education system. The book is a treasure trove of expertly handled material - legislative, judicial and academic - which is capable of serving also as a valuable text covering the central issues in English education law, albeit with a particular emphasis...This is a superbly written and researched book by the country's leading commentator on education law, addressing as it does one of the most important general questions in a multi-cultural, pluralistic society...It can be confidently recommended to anyone with a serious interest in education, the position of minorities and the disadvantaged, parents or children. Reviewed by Andrew Bainham Education Law Journal May-07 This is an astonishingly comprehensive review of wide-ranging territory (from 'academics and creationism' via 'Article 14 ECHR' to 'admission authorities and admission arrangements'), with useful comparative material from the USA and elsewhere: Harris is to be congratulated on a fine, scholarly and at the same time practically useful, achievement. David Palfreyman, New College, Oxford Education and the Law Vol. 19, Nos.3/4, September-December 2007 This is an academic text that should be read by all practitioners with an interest in the policy context and objectives of education law. Reviewed by Nick Armstrong who is a barrister at Matrix chambers Education, Public Law and the Individual Vol 11, Issue 1, Spring 2007
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Maße
Höhe: 216 mm
Breite: 138 mm
Dicke: 25 mm
Gewicht
ISBN-13
978-1-84113-252-5 (9781841132525)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Neville Harris is Professor of Law at the University of Manchester.
1 Diversity, Inclusion and the Role of Education INTRODUCTION EDUCATION AND DIVERSITY THE ROLE OF EDUCATION EDUCATION AND POLITICS CONCLUSION 2 The Right to Education INTRODUCTION THE NATURE OF THE RIGHT TO EDUCATION THE RIGHT TO EDUCATION AS A RIGHT OF THE CHILD THE EUROPEAN CONVENTION ON HUMAN RIGHTS CONCLUSION 3 Educational Provision: The Changing Legal Framework INTRODUCTION THE SCHOOLS SYSTEM INHERITED BY NEW LABOUR EDUCATION REFORM POST-1997 THE WHITE PAPER 2005 AND THE EDUCATION AND INSPECTIONS BILL 2006 CONCLUSION 4 Equality of Access to Education INTRODUCTION ANTI-DISCRIMINATION LAW ACCESS TO SCHOOLING ACCESS TO FURTHER AND HIGHER EDUCATION CONCLUSION 5 Choice of School and its Effects INTRODUCTION THE DUTY TO HAVE REGARD TO PARENTS' WISHES LEGISLATING FOR CHOICE IN RELATION TO SCHOOL ADMISSION SCHOOL ADMISSION DECISIONS AND THE LAW THE IMPACT AND EFFECTS OF CHOICE OF SCHOOL CONCLUSION 6 Special Educational Needs: Choice and Inclusion INTRODUCTION THE BASIC FRAMEWORK INCLUSION AND CHOICE CHOICE OF NAMED PLACEMENT DISPUTE RESOLUTION CONCLUSION 7 Educational Content and Cultural Pluralism INTRODUCTION INTEGRATION, CITIZENSHIP, MULTICULTURALISM AND EDUCATION REGULATION AND CONTROL OF SECULAR EDUCATION IN STATE SCHOOLS THE NATIONAL CURRICULUM SEX EDUCATION LANGUAGE AND LINGUISTIC RIGHTS RELIGION IN STATE EDUCATION THE INDEPENDENT SCHOOLS SECTOR ACADEMIES AND CREATIONISM CONCLUSION 8 Conclusion: Education, Law And Diversity-Goals And Challenges