Know Your Rights Series: Different Types of Rights in Learning and Development
You may have heard the phrase “know your rights” as it relates to the criminal justice system, but do you know your rights when it comes to learning and development? Whether you’re a parent striving to provide your child with access to a well-rounded education, a professional looking to upskill in a competitive job market, or a young person trying to understand topics necessary for adulthood, knowing your rights in the realm of learning and development is crucial. A right is a power, privilege, or enforceable claim of people based on “constitution, statute, regulation, judicial precedent, or other type of law”. Various types of laws work together to create a body of rights that can help people get access to different resources and processes along their learning and development journeys. This blog, which will be the first in a series on learning and development rights, will explore three important types of rights- human rights; federal rights; and states’ rights.
Human Rights in Learning & Development
The Universal Declaration on Human Rights (“UDHR”) is a document from the 1948 United Nations General Assembly that includes a section on what the human right to education entails. Section 26 of the UDHR, details a right to education that includes the free and compulsory elementary education; generally available technical and professional education; and equally accessible, merit-based higher education. It also goes on to declare that education includes full human development and a parental right to choose the kind of education children receive. There are international efforts to expand and protect learning and development as a human right. For example, the United Nations Educational, Scientific, and Cultural Organization “UNESCO” promotes “international cooperation in education, sciences, culture, communication, and information”.
Federal Rights in Learning & Development
Each country has different laws governing the rights of their citizens to learn and develop. In the United States, there is no Constitutional right to education. In San Antonio Independent School District v. Rodriguez, the Supreme Court said, “Education, of course, is not among the rights afforded explicit protection under our Federal Constitution. Nor do we find any basis for saying it is implicitly so protected.” However, the United States does have an administrative body dedicated to education. The mission of the United States Department of Education is “to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access”. There is also federal protection against discrimination that secures the rights of learners in various educational environments.
States Rights in Learning & Development
“Education is primarily a State and local responsibility in the United States.” States and the districts within their jurisdictions establish, operate, and maintain public schools. The constitutions of each state, as well as, other state level authorities outline the rights of their residents regarding education and learning. States may also pass legislation that creates a duty to train in certain professions or aspects of employment that effectively creates a right to some professional development for some employees.
In summary, different laws give rise to different rights. There are various laws that create human, federal, and states’ rights that impact learning and development. Understanding these different rights is important for people to access resources and processes at various points of their learning journeys. Be sure to follow us and check out future blogs in this series as we dive deeper into knowing your rights related to learning and development.
