Too many people, especially children, do not have full access to their right to education, a new report, authored by the University of Newcastle’s Centre for Law and Social Justice in collaboration with the Human Rights Law Centre, has found.

Despite a long history of commitment to both human rights and education, Australia does not recognise an enforceable right to education in federal law. Not only is this inconsistent with Australia’s obligations under international human rights law, but it also has real consequences for people whose right to education is infringed upon.

The Right to Education in Australia highlights that where that right exists at the state and territory level it has improved education, including preventing upfront fees being charged for children seeking asylum to attend the ACT public education system.

The report calls for a national Charter of Human Rights to help redress the obstacles faced by people, especially children with disability and Aboriginal and Torres Strait Island people, in accessing education.

A federal Charter of Human Rights including the right to education would:

1. Provide a clear statement of all our rights and freedoms in one place, so that all Australians can know their rights and advocate for their realisation.

2. Ensure that human rights are given proper consideration by public officials in any actions or decisions made regarding law, policy and service provision.

3. Enable people to take action and seek justice if their human rights are violated.

Associate Professor Amy Maguire, Director of the Centre for Law and Social Justice at the University of Newcastle said:

“This report pulls together a range of issues with a common thread – the need for an enforceable right to education to ensure every child have a great education regardless of their personal circumstances or their background.

“Our report shows that the disadvantages and marginalisation faced by children in the education system, like for children with disability and Aboriginal and Torres Strait Islander children, is because there isn’t a right to education to improve decision making and service delivery by government education departments.”

Arif Hussein, Senior Lawyer, Human Rights Law Centre said:

“Australians greatly value education, but we often take our access to education for granted. Although the right to education is held equally by all people, some groups face additional barriers that prevent their enjoyment of the right on an equal basis. An enforceable right to education through a national Charter of Human Rights is the missing link and will make a huge difference for children across the country to enjoy their right to education.”

Read the Right to Education in Australia report here

Media contacts:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au

Madelaine Love
University of Newcastle
0423 743 970 madelaine.love@newcastle.edu.au