הזכות לחינוך: קווים לדמותה בעידן של מהפכה חוקתית
(The Right to Education in a Constitutional Revolution Era)

Law & Business 16 151-233 (A Special Issue Denoting 20 Years for the Constitutional Revolution) (2013)

84 Pages Posted: 24 Jun 2013 Last revised: 2 Apr 2014

See all articles by Lotem Perry-Hazan

Lotem Perry-Hazan

University of Haifa - Faculty of Education

Date Written: June 21, 2013

Abstract

Almost two decades after the constitutional revolution, the Supreme Court of Justice ruled in the Tebeka case that the right to education is a constitutional right, which is interrelated with the right to dignity. My article analyzes the norms that shaped the right to education in Israel during the last two decades in order to explore whether and how the Tebeka case reflected the processes that characterized the education policy. The discussion is divided according to four features of the right to education, whose definition is based on a normative framework outlined by the UN Committee on Economic, Social and Cultural Rights: the right to available education, which requires the establishment of functioning public schools and the certification of nonpublic schools that conform to certain educational standards; the right to accessible education, which relates to non-discrimination, physical accessibility and economic accessibility; the right to acceptable forms and substance of education; and the right to adaptable education, which responds to the students' cultural affiliations, learning abilities, and personal preferences. The article shows that several norms contributed to the realization of the right to education, although their application was sometimes slow and gradual. Other norms derogated the right to education, mainly due to the sectoral powers that initiated them. An interim category includes norms that expanded the scope of the right to education, but whose design and implementation diminished their influence. There are also norms that reflected contradictory policies. In addition, the article shows that the realization of the four features of the right to education is unequal, and the multiple layers of inequality integrate and intensify its impact. In light of the above, it seems that the recognition of the right to education as a constitutional right did not reflect substantial changes in the education policy. Its future impact on the realization of the right to education is doubtful without improving the place of education in the political priorities.

Note: Downloadable document is in Hebrew.

Suggested Citation

Perry-Hazan, Lotem, הזכות לחינוך: קווים לדמותה בעידן של מהפכה חוקתית
(The Right to Education in a Constitutional Revolution Era) (June 21, 2013). Law & Business 16 151-233 (A Special Issue Denoting 20 Years for the Constitutional Revolution) (2013), Available at SSRN: https://ssrn.com/abstract=2283191

Lotem Perry-Hazan (Contact Author)

University of Haifa - Faculty of Education ( email )

Haifa 31905
Israel

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