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Analytical Starting Points

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Chapter Summary

This book seeks guidelines from international human rights law, minority rights law and anti-discrimination law on the question of when the domestic legal framework on education is sound and non-discriminatory. The starting point for the book in hand is, however, that the contracting parties assume the international regimes to which they commit themselves are sound. Four interconnected aspects are suggested, disregard of which cumulatively create and maintain exclusion of individuals of disadvantaged groups from educational qualifications with proper functional value for them and their communities. The aim is to understand what role international law plays in the comprehension of each of these aspects: 1) how and where rights are defined; 2) how essentialism and otherism are created and maintained; 3) how resources needed for the fulfillment of rights are described; and 4) how decision-making authority in the area of the present study is determined.

Keywords: educational rights; international human rights law



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