Chapter 21. State Education Law Compared To Rights Under The U.N. Convention On The Rights Of The Child

Abstract

The U. N. Convention on the Rights of the Child (CRC) includes two articles that seek to protect children's right to education. The Convention directs states parties to provide children with appropriate and accessible education to the highest level; and to ensure that school curriculae promote respect for human rights of all peoples and for the child's cultural and national identity. While the United States has not ratified the CRC, debates on education issues such as school choice, student testing, school violence and drop-out rates indicate a strong national desire to ensure quality education for children. This chapter examines Articles 28 and 29 in relation to current U. S. state and federal education laws, and highlights areas of potential compatibility or conflict in the event of U. S. ratification of the Convention. Some states' existing statutory laws are compatible with the requirements of CRC Articles 28 and 29.Keywords: CRC; human rights; state education laws; United States