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The Right to Education in India – The Importance of Enforceability of a Fundamental Right - Oxford Scholarship Online
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The Right to Education in India: The Importance of Enforceability of a Fundamental Right

Florian Matthey-Prakash

Abstract

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means tha ... More

Keywords: right to education, social rights, socio-economic rights, access to justice, rights-based approach, legal empowerment, elementary education, fundamental rights enforcement

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780199494286
Published to Oxford Scholarship Online: January 2020 DOI:10.1093/oso/9780199494286.001.0001

Authors

Affiliations are at time of print publication.

Florian Matthey-Prakash, author
Judge, State of Hessen, Germany