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.