Review: The Education Rights of Students: International Perspectives on Demystifying the Legal Issues edited by Charles J. Russo, Douglas J. Stewart and Jan De Groof

Abstract

The Education Rights of Students: International Perspectives on Demystifying the Legal Issues edited by Charles J. Russo, Douglas J. Stewart and Jan De Groof. Lanham, MN: Rowman & Littlefield Education, 2007, 262 pp. ISBN-10: 1578865093. Do children have rights? This simple question may raise philosophical and moral inquiries in a globalized world when human rights issues are closely watched, especially when it comes to vulnerable groups such as minors or children with disabilities. If one answers “yes” to this question, one must then ask what kind of rights do students/children have around the world? Are they enforced? Are they respected? Contributors to the Educational Rights of Students: International Perspectives on Demystifying the Legal Issues, who are leading education law experts, try to answer these and other questions regarding the rights of children in a straightforward, non-legalistic manner. In the introduction, Charles J. Russo, Douglas J. Stewart, and Jan De Groof give a brief historical perspective on the children’s rights movement and admit that it is difficult to define “rights” and “students” because the terms are social constructs that are shaped by both geography and time. The editors equate “students” with “children” and tend to use the terms interchangeably, but what they mean is children under the age of 18. They divide children’s rights into protection or welfare rights and participation or liberty rights. Protection rights include food, a safe environment, and access to health care and education, while participation rights concern those rights enjoyed by adults, such as political, free speech and free association rights. There is disagreement as to whether children are competent to fully enjoy participation rights. The editors point to the 1979 United Nations Convention on the Rights of the Child as the international standard for children rights. They then narrow the focus to students, pointing out that at least 30 of the Convention’s 54 Articles have a bearing on students in schools. They describe 7 themes from the Convention that are examined in the book: the right to an education, freedom of speech, religious freedom, student discipline, privacy rights, the right to a secure and safe learning environment, and children with special needs. The book discusses the rights of children in selected countries and continents such as Europe, Asia, Australia and New Zealand, the Russian Federation, the United States and South Africa. Each chapter is organized independently and gives a glimpse into the laws for children that are embedded in the social organization and historical precedents of each country. For example, before discussing children’s rights, Stewart presents an overview of the common law originated in Great Britain, the dual system of schools, and human rights to provide a context for concepts of morality and justice in Australia. His discussion includes the rights of children with special needs. He illustrates Australia’s