Abstract:
Education has been viewed as public right and, simultaneously, as service and public good. Those are distinct concepts, albeit appearing intertwined in current academic and political discourse. On this premise, those distinctions are approached by analyzing the treatment of the right to education within the scope of the State’s positive obligation. The notion of public service as a form of government intervention is presented, the legal treatment of the right to education is discussed and, ultimately, the principles under which education is given a public good status are analyzed. To do so, administrative law grounds are used. The findings reveal a need for further discussions on the legal understanding of education, government intervention and the risks in calling education a public good.
Keywords:
right to education; education and public service; education and public good