What We Know On Purpose: Understanding the "purpose" element of the right to education in International Law.

Sammanfattning: The right to education in International Human Rights Law has found much discussion in terms of access and compulsion. This right is the only right in the Instruments that carries with it a “purpose” element, which however has been left undefined and under discussed. This study has two layers, the first being to rightly understand the “purpose” element of the right to education. The second is an examination of whether the “purpose” element of the right to education is comprehensive and how it applies on the practical level. The objective of the study is to find out what the right to education is supposed to do or what a person will be claiming when they claim their right to education. To do this, an analysis of the drafting documents of the UDHR, ICESCR, CRC, UNESCO CDE and the CRPD is imperative so as to gain a clear fundamental understanding of the “purpose” element of the right to education. An exploration of the information from a Human Rights fundamental perspective and case studies of South Sudan and a New York State case will be used to better understand the problem and move towards a solution. The core issues found in this paper are that the “purpose” element of the right to education may be the key to developing and enhancing the right to education yet at the same time could be the downfall of free thinking of individuals if either misunderstood or misinterpreted. The research shows that there is need for a better understanding of the “purpose” element of the right to education, to allow for a development of the right to education to be more holistic in giving dignity to the right holder. The discussion on the “purpose” element of the right to education should only be pursued where a proper balance of autonomisation and socialisation can be achieved because it can be a dangerous tool in the hands of the powerful as much as it can be the key to realising a fuller, holistic and equal right to education.