To What Extent can Parental Rights be Limited by “Minimum Educational Standards as may be Laid Down or Approved by the State”?

Abstract

ABSTRACT The Universal Declaration of Human Rights (1948) affirms parental rights in education through a simple statement: “Parents have a prior right to choose the kind of education that shall be given to their children.” However, in subsequent international treaties, this right is framed with greater complexity. Notably, the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the UNESCO Convention against Discrimination in Education (CADE), and the Convention on the Rights of the Child (CRCh) introduce the requirement that this freedom must align with “minimum educational standards” set by the State. In contemporary discussions, the State’s role in regulating and limiting parental rights is increasingly seen as central to the right to education. This raises critical questions about how far such standards can go in restricting parental choice for broader political goals, such as promoting social cohesion. This paper aims to examine the concept of “minimum educational standards” and the extent to which they can be used to curtail parental rights, analyzing key human rights mechanisms and their interpretations. It seeks to clarify the balance between parental freedom in education and State-imposed regulations within the framework of international human rights law.