ARTICLE: International Human Rights Perspectives on the Fundamental Right to Education--Integration of Human Rights and Human Development in the Indian Constitution Skip over navigation
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Copyright (c) 2004 Tulane Journal of International and Comparative Law
Tulane Journal of International and Comparative Law

ARTICLE: International Human Rights Perspectives on the Fundamental Right to Education--Integration of Human Rights and Human Development in the Indian Constitution

Spring, 2004

12 Tul. J. Int'l & Comp. L. 237

Author

C. Raj Kumar*

Excerpt



I. Introduction
 
Education is the most important value by which human beings engage and interact with society, and through which the human mind develops. The dynamic process of education remains one of the most important issues for both developing and developed countries in order to uplift humanity. While education has remained a policy goal in numerous countries for many decades, the recognition of a right to education with possible national and international law enforcement mechanisms is of recent origin. The fact that countries attempt to enforce policy issues through rights-based approaches underlines the empowering dimension of rights in public policy discourse. The world cannot afford to tolerate the poverty, injustice, and waste associated with the mass violation of the right to education. 2 As Justice Cardozo said:


 
We are free only if we know, and so in proportion to our knowledge. There is no freedom without choice, and there is no choice without knowledge, - or none that is not illusory. Implicit, therefore, in the very notion of liberty is the liberty of the mind to absorb and to beget. 3
 
The freedom to acquire knowledge through which one can pursue liberty is one of the fundamental goals of any contemporary society. To use Amartya Sen's words, "Development consists of the removal of various types of unfreedoms that leave people with little choice and little opportunity of exercising their reasoned agency." 4 Illiteracy is obviously one of the troubling unfreedoms that has affected the people of developing countries like ...
 
 
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