De theorie van curriculaire rechten

The Theory of Curricular Rights This thesis develops a comprehensive theory of curricular rights within the framework of international human rights law, arguing that the curriculum—comprising objectives, content, pedagogy, and assessment—constitutes a justiciable dimension of the human right to education. The central research question asks: what is the relationship between the general right to education and curricular rights, and what are the components and scope of these rights? The thesis is structured in two parts. Part I establishes the legal and philosophical foundations of the right to education across four chapters. Chapter I proposes a legal definition of education as an ethical, formative, and lifelong process oriented toward holistic human development, distinguishing it from schooling and indoctrination. Chapter II examines the aims of education as articulated in Article 29 of the Convention on the Rights of the Child (CRC), introducing the concept of teleophobia—the systematic avoidance of purpose in educational and legal discourse—and argues that education is a purpose-driven phenomenon defined by its aims rather than by its causes or components. Chapter III situates the right to education within international human rights law, analyzing its civil, political, economic, social, and cultural dimensions through the 4-A framework (availability, accessibility, acceptability, adaptability) and exposing the risks of reductionist interpretations. Chapter IV contextualizes the right to education within three contemporary global paradigms: global educational planning (SDG 4), lifelong learning, and digitalization. Part II translates these foundations into curricular theory. Chapter V advances the claim that literacy—encompassing traditional, digital, and financial dimensions—constitutes a fundamental human right integral to the right to education, supported by both human rights law and comparative legal analysis. Chapter VI presents the thesis's central contribution: a theory of curricular rights. It examines curriculum concepts, components, and ideologies through a human rights lens, and introduces two key dimensions of curricular rights: curricular freedom (the right of educational providers and families to shape curricular choices within human rights boundaries) and the right to minimum curriculum standards (a legally enforceable floor of learning entitlements). The chapter proposes a ten-step national strategy for implementing curricular rights, emphasizing participatory governance, evidence-based practices, inclusive pedagogy, and transparent assessment. The Annex presents a Global Curriculum Framework that operationalizes the theory into four interlocking domains—core learning competencies, foundational knowledge, skills for autonomy and life, and civic and environmental engagement—constituting the minimum core curricular content that States must guarantee under their treaty obligations. The thesis employs a methodology combining legal doctrinal analysis, philosophical inquiry, educational theory, and comparative law, bridging the fields of law and education in a manner that aims to be both theoretically rigorous and practically actionable.