Using Courts to Realize Education Rights : Reflections from India and Indonesia
This paper examines the role of courts in promoting fulfillment of the right to education in developing country democracies, focusing on India and Indonesia—two countries that have experienced increased education rights litigation in recent years....
| Main Authors: | , |
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| Format: | Working Paper |
| Language: | English |
| Published: |
World Bank, Washington, DC
2018
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| Subjects: | |
| Online Access: | http://documents.worldbank.org/curated/en/430461526912602601/Using-courts-to-realize-education-rights-reflections-from-India-and-Indonesia http://hdl.handle.net/10986/29858 |
| Summary: | This paper examines the role of courts
in promoting fulfillment of the right to education in
developing country democracies, focusing on India and
Indonesia—two countries that have experienced increased
education rights litigation in recent years. The paper
argues that this litigation has been part of broader
struggles over education policy, inequality, and the capture
of educational institutions by political and bureaucratic
forces; and that the extent to which litigation has been
used and led to policy changes has depended significantly on
the nature of, and access to, the court system; the presence
of support structures for legal mobilization; the ideology
of the courts and judges; and the roles and willingness of
litigants to pursue redress. Broadly, litigation has served
the interests of the poor and marginalized, although gains
have largely come through better access to education, while
issues of improving quality have been less prominent. |
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