Legal Philosophy and Rights Report Sartaj 1
Right to education
Sartaj Gill
North Park Secondary School
CLN4UR
October 27, 2023
Legal Philosophy and Rights Report Sartaj 2
Abstract
This report explores the history, ideologies, and Canadian impact of the human right to
education. The right to education is a fundamental human right, closely aligned with the
philosophy of natural law. It is rooted in the inherent dignity of individuals and their capacity for
reason and morality, aiming to promote the common good.
Legal Philosophy and Rights Report Sartaj 3
What’s the Right to Education
In simple terms, the right to education is a fundamental human right which states every
person has the right to an education. The terms include free elementary education, regardless of
gender, race, nationality, ethnicity, social origin, religion, political preference, age, or disability.
The United Nations enforces this basic human right. It has been reflected in Article 26 of the
Universal Declaration of Human Rights. This is a global declaration endorsed by the UN General
Assembly that upholds the liberties and rights of every person (Theirworld, 2020).
What’s Natural Law?
Natural law is a fundamental concept that suggests there are inherent principles of
morality and justice. These exist independently of human-made laws. Principles guide our
actions based on the idea that certain things are inherently right or wrong, regardless of culture or
time. Natural law proposes that we can discover these universal moral truths through reason and
reflection, helping us make ethical choices and build societies rooted in fairness and respect for
each other.
Connections Between Natural Law and Positive Law
The right to education, a fundamental human right, is closely aligned with the philosophy
of natural law. Natural law philosophy suggests that certain rights and principles are natural to
human nature. In this perspective, the right to education is seen as a basic and rooted part of
being human, based on the idea that people naturally seek to develop their knowledge and
morality.
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Natural law philosophy emphasizes the inherent dignity and worth of every human being.
The right to education is built upon the idea that access to knowledge and learning is essential for
the development and fulfillment of individual potential. Education helps individuals realize their
full capabilities and contributes to their overall well-being.
Natural law advocates using reason and moral principles to discern what is right and just.
It argues that education is essential for developing an individual's rational faculties and moral
understanding, enabling them to make informed decisions and contribute to a just and ethical
society.
Natural law philosophy strongly emphasizes the common good and the well-being of
society as a whole. Education is seen as a means to promote the common good by producing
informed, responsible, and engaged citizens who can contribute to improving their communities
and society.
The Philosophical Writings With the Right to Education
The Second Treatise of Civil Government is a writing of John Locke. John Locke was a
prominent figure in the upcoming natural law. In writing The Second Treatise of Civil
Government, he highlights that individuals have certain inherent rights, including the right to
life, liberty, and property. Although there is no mention of the right to education in this writing, it
was later used as inspiration for the establishment of the human right to education (Wikipedia
Contributors, 2019).
Jean-Jacques Rousseau was a Genevan philosopher, writer, and composer whose best
writing was his novel, Emile, or On Education. It describes an approach to education aimed at
promoting people's natural goodness and qualities rather than allowing them to become
Legal Philosophy and Rights Report Sartaj 5
corrupted by society. The writing showcases how a natural education, enables Émile to become
social, moral, and rational while remaining true to his original nature. This writing has
influenced the creation of the human right to education by stating the importance of education to
correct this corrupt world (Ashburn, 2019).
In-depth Details of These Writings
Locke's Second Treatise primarily focuses on the principles of natural rights and the
social contract. Concerning education, he emphasizes the importance of education in the
formation of rational individuals capable of exercising their natural rights. This is seen in quotes
such as, "The great art of education is, I think, to give a direction to the first desires, to enlarge,
and inflame them, and to set the mind forward in a right course." This is one of many quotes
which sets a base for the human right to education (Wikipedia Contributors, 2019).
Emile is a hybrid work that combines elements of both a treatise and a novel. It presents
Rousseau's educational philosophy through the fictional character of Emile, following his
education from infancy to adulthood. The hybrid work includes important quotes such as, "We
are born weak, we need strength; helpless, we need aid; foolish, we need reason. All that we lack
at birth, all that we need when we come to man's estate, is the gift of education." These types of
quotes laid an important base for the human right to education (Ashburn, 2019).
The Time Period, Place and Era Where the Right to Education Came Into Prominence
Education has been around for a very long time. There is no exact place where education
first started as it is hard to say which place was teaching first. But a good place to look at first is
the Xia dynasty. It was said that the first formal education system was created in the Xia dynasty
Legal Philosophy and Rights Report Sartaj 6
between 2076–1600 BC. After this point in time, other nations started to develop their forms of
education. A trend has started to appear in most of these nations though. The people who were
able to attend these educational institutions were predominantly males who came from wealthy
families. Fast forwarding to the 20th century, the cry for equal education had struck. It was then
that Article 26 of the Universal Declaration of Human Rights stated that the right to education is
a human right for all humans (Jing Lin, 2021).
How Did the Right to Education Gain Widespread Acceptance in Western Legal Systems?
In Western society, especially in Canada, education has always been around. However,
the concept of schooling became more widespread during the early 19th century. The
establishment of school systems across Canada during the 19th century followed a strikingly
similar form and chronology due to official educators' and parents' complex and often competing
ambitions. To add even more, since Canada and most of these Western legal systems are
developed countries forms have education have been around before the human right to education
was formed.
Where and How is the Right to Education Accepted or Being Advocated for Today?
Today almost all countries in the world have accepted that there is a need for education in
society in order for there to be a bright future. Due to that many implications have been put to try
to get all kids in the world education. But yet statistics have shown that of the world’s 787
million children of primary school age about 8% do not go to school. This percentage translates
to about 58.4 million children. The root cause of this problem can be traced back from 2 areas.
The first is the lack of funding and the second is gender inequality. A large number of children
Legal Philosophy and Rights Report Sartaj 7
who can not get an education come from developing countries mainly in sub-Saharan Africa.
Moreover, in terms of gender inequality, females are still in 2023 not able to have an education
solely based on them being females. According to the United Nations, 130 million girls are
denied the human right to education around the world currently. Most of these girls are from
countries that are developing in Africa like South Sudan or Middle Eastern countries like
Afghanistan (Roser, 2021).
Where and How is the Right to Education Being Suppressed or Threatened Today?
The right to education has been a threat since the beginning of time. But in recent times,
females even with many rights are still being held back from education in many countries that
are developing and mostly run by terrorist organizations. These terrorist organizations such as
the Taliban believe women should not have education due to old beliefs and traditions of all
women being housewives and providing for the men. Moreover, they believe that women are
simply not worthy of an education which is a violation of the human right to education (Roser,
2017).
Conclusion
To conclude, the human right to education has had its history since the beginning of time.
Passed on from generation to generation, it has been seen to be closely tied to the legal
philosophy of natural law.
Legal Philosophy and Rights Report Sartaj 8
References
Ashburn, Emile: or, On Education | work by Rousseau | Britannica. (2019). In Encyclopædia
Britannica. https://www.britannica.com/topic/Emile-or-On-Education
Gaffield, C. (2017). History of Education in Canada | The Canadian Encyclopedia.
Thecanadianencyclopedia.ca.
https://www.thecanadianencyclopedia.ca/en/article/history-of-education
Jing Lin. History of education. (2021, August 4). Wikipedia.
https://en.wikipedia.org/wiki/History_of_education#:~:text=The%20first%20education%
20system%20was
Montin. Emil. (2020, October 23). Wikipedia. https://en.wikipedia.org/wiki/Emile
Roser, M. (2021, November 2). Access to basic education: Almost 60 million children in primary
school age are not in school. Our World in Data.
https://ourworldindata.org/children-not-in-school
Theirworld. Right to education. (2020). Theirworld.
https://theirworld.org/resources/right-to-education/
Wikipedia Contributors. (2019, April 13). Two Treatises of Government. Wikipedia; Wikimedia
Foundation. https://en.wikipedia.org/wiki/Two_Treatises_of_Government
Wikipedia Contributors. (2019, April 14). Right to education. Wikipedia; Wikimedia Foundation.
https://en.wikipedia.org/wiki/Right_to_education
