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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Education, Law and Diversity


ISBN13: 9781841132525
New Edition ISBN: 9781509906703
Published: January 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £54.99



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Education is fundamentally concerned with realising the potential of every child, but an increasing social diversity presents enormous challenges for the state in terms of its commitment to providing an appropriate education for all. Factors such as ethnicity, disability and material deprivation are associated with inequality, social exclusion and the risk of low educational attainment. Diversity also reflects divergent cultural values and norms. In responding to the challenges posed by diversity, public education authorities are to some extent constrained by individual or group rights. This book examines the nature of these rights, including those under the European Convention on Human Rights, and the ways and contexts in which they operate. Their social effects are also considered. Areas discussed include the curriculum, special educational needs and choice of school. A key theme in the book is the promotion and enforcement of equal access to education, including higher education. Issues of multiculturalism, the social integration of minorities, religion in education and the recognition of children's independent rights are among those that are also discussed. The book centres on England and Wales and covers the evolving legislative framework, including the Education and Inspections Bill 2006, but relevant legal developments in other states are also highlighted.

Subjects:
Education Law
Contents:
1. Diversity, Inclusion and the Role of Education
INTRODUCTION
EDUCATION AND DIVERSITY
THE ROLE OF EDUCATION
EDUCATION AND POLITICS
CONCLUSION
2. The Right to Education
INTRODUCTION
THE NATURE OF THE RIGHT TO EDUCATION
THE RIGHT TO EDUCATION AS A RIGHT OF THE CHILD
THE EUROPEAN CONVENTION ON HUMAN RIGHTS
CONCLUSION
3. Educational Provision: The Changing Legal Framework
INTRODUCTION
THE SCHOOLS SYSTEM INHERITED BY NEW LABOUR
EDUCATION REFORM POST-1997
THE WHITE PAPER 2005 AND THE EDUCATION AND INSPECTIONS BILL 2006
CONCLUSION
4. Equality of Access to Education
INTRODUCTION
ANTI-DISCRIMINATION LAW
ACCESS TO SCHOOLING
ACCESS TO FURTHER AND HIGHER EDUCATION
CONCLUSION
5. Choice of School and its Effects
INTRODUCTION
THE DUTY TO HAVE REGARD TO PARENTS' WISHES
LEGISLATING FOR CHOICE IN RELATION TO SCHOOL ADMISSION
SCHOOL ADMISSION DECISIONS AND THE LAW
THE IMPACT AND EFFECTS OF CHOICE OF SCHOOL
CONCLUSION
6. Special Educational Needs: Choice and Inclusion
INTRODUCTION
THE BASIC FRAMEWORK
INCLUSION AND CHOICE
CHOICE OF NAMED PLACEMENT
DISPUTE RESOLUTION
CONCLUSION
7. Educational Content and Cultural Pluralism
INTRODUCTION
INTEGRATION, CITIZENSHIP, MULTICULTURALISM AND EDUCATION
REGULATION AND CONTROL OF SECULAR EDUCATION IN STATE SCHOOLS
THE NATIONAL CURRICULUM
SEX EDUCATION
LANGUAGE AND LINGUISTIC RIGHTS
RELIGION IN STATE EDUCATION
THE INDEPENDENT SCHOOLS SECTOR
ACADEMIES AND CREATIONISM
CONCLUSION
8. Conclusion: Education, Law And Diversity—Goals And Challenges