The EU & Their Fundamental Right to Education

Well, since it is summer, my reading list has a decidedly non-academic
tone, at least not an education law related tone. Anyway, this weekend
I took up The United State of Europe,
by T.R. Reid (2004), which I have been wanting to get to for a while.
If you don't want to read the whole book, here is a decent interview
with Terry Gross on NPR's Fresh Air. I recommend the book, although the author frequently repeats himself and dwells on some things too long.

Anyway, the point I wanted to make is that the EU has decided that there shall be a fundamental right to a free education (164). Here is the relevant text from the EU Charter on Fundamental Rights.

Article 14

Right to education

1. Everyone has the right to education
and to have access to vocational and continuing training.

2. This right includes the possibility to receive free
compulsory education.

3. The freedom to found educational establishments with
due respect for democratic principles and the right of
parents to ensure the education and teaching of their
children in conformity with their religious, philosophical
and pedagogical convictions shall be respected, in accordance
with the national laws governing the exercise of such
freedom and right.

Also, here is the EU's page on education.
Yes, you are right that the individual states of the EU still get to
set most of their specifics on education and the EU's Charter can be
somewhat seen as merely guidance. However, the EU does have a Court of Justice of the EU Communities to enforce these fundamental rights.

I knew that education was more valued in other countries, even though the US was the first to make public education work (see my July 4th post),
but making education a fundamental right has extremely serious
implications. The US has decided that education shall not be a
fundamental right, at least that is the present precedence existing in
the US Supreme Court from the case San Antionio v. Rodriguez. In
the wake of the latest Supreme Court rulings, the U.S. seems to be
going the opposite direction from the EU. While it is impossible to
know which approach is better given all the considerations and
implications that flow from this type of difference, the EU's rise and
their fundamental social guarentees certainly now stand in stark
contrast to U.S. education policy.

By the way, want to know who is a protected class in the EU? Check this out:

Article 20

Equality before the law

Everyone is equal before the law.

Article 21

Non-discrimination

1. Any discrimination based on any
ground such as sex, race, colour, ethnic or social origin,
genetic features, language, religion or belief, political
or any other opinion, membership of a national minority,
property, birth, disability, age or sexual orientation
shall be prohibited.

2. Within the scope of application of the Treaty establishing
the European Community and of the Treaty on European Union,
and without prejudice to the special provisions of those
Treaties, any discrimination on grounds of nationality
shall be prohibited.

Article 22

Cultural, religious and linguistic diversity

The Union shall respect cultural,
religious and linguistic diversity.

Article 23

Equality between men and women

Equality between men and women must
be ensured in all areas, including employment, work and
pay.

The principle of equality shall not prevent the maintenance
or adoption of measures providing for specific advantages
in favour of the under-represented sex.

Article 24

The rights of the child

1. Children shall have the right
to such protection and care as is necessary for their
well-being. They may express their views freely. Such
views shall be taken into consideration on matters which
concern them in accordance with their age and maturity.

2. In all actions relating to children, whether taken
by public authorities or private institutions, the child's
best interests must be a primary consideration.

3. Every child shall have the right to maintain on a regular
basis a personal relationship and direct contact with
both his or her parents, unless that is contrary to his
or her interests.

Article 25

The rights of the elderly

The Union recognises and respects
the rights of the elderly to lead a life of dignity and

independence and to participate in social and cultural
life.

Article 26

Integration of persons with disabilities

The Union recognises and respects
the right of persons with disabilities to benefit from
measures designed to ensure their independence, social
and occupational integration and participation in the
life of the community.