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Education rights

Education rights pertain to access to and equality in education, including legal protections against gender-based discrimination, sexual harassment in schools, and policies ensuring the inclusion of girls, pregnant students, and gender-expansive individuals.

BVerwG 6 C 25.12 Bundesverwaltungsgericht (Federal Administrative Court)

The Court rejected the appeal and upheld the decision of the lower court that a female Muslim high school student was not exempt from compulsory swimming lessons on the grounds of her religion. In the circumstances, there was not sufficient reason to undermine compulsory school attendance of children. The girl's parents had applied to the school for an exemption from swimming lessons on the grounds that Islamic dress custom did not allow their daughter to participate in co-educational swimming lessons.

Campus Sexual Assault, Dating Violence, Domestic Violence, and Stalking Prevention and Response Act, N.Y. S5965

The Campus Sexual Assault, Dating Violence, Domestic Violence, and Stalking Prevention and Response Act modernizes New York State's sexual-assault response programs by requiring all New York State colleges and universities to adopt uniform policies for preventing and responding to sexual assault, dating violence, domestic violence, and stalking. It mandates a comprehensive system of definitions, rights, procedures, and reporting obligations that apply to every institution chartered by the Regents or created by legislative act.

Case No. GRA 2017/56 – The Swedish Equality Ombudsman v. “the Foundation”: Decision from the Swedish Equality Ombudsman regarding gender -based separation on school bus and in gymnastics classes

Five notifications regarding discrimination of students by a Foundation were made to the Equality Ombudsman after the broadcast of a TV program. In the program, the students of a school owned by the Foundation were separated by gender on the school bus. The Equality Ombudsman’s investigation noted that a gender-based separation was also made in the gymnastics classes.

Caso Rol N° 465-2006 Tribunal Constitucional de Chile

In Case No. 465, challenging the constitutionality of a Ministry of Education directive setting minimum standards for preschool institutions, the Constitutional Court reaffirmed the right of children to receive at least a constitutionally guaranteed minimum level of education. The Court emphasized the State’s duty to ensure basic conditions that enable all children to access adequate early childhood education, in line with the principle of equality and the best interests of the child.

Christensen v. Royal School District, 156 Wash. 2d 62 (2005)

The plaintiff-child and parents sued the defendant-school district, the principal, and a teacher, alleging that the teacher had sexually abused the child, and that the district and principal were negligent in hiring and supervising the teacher. In a responsive pleading, the defendant-school district and principal asserted as an affirmative defense that the child's voluntary participation in the sexual relationship with the teacher constituted contributory fault.

Code of Virginia: Treatment of Transgender Students; Policies (§ 22.1-23.3)

The Virginia Department of Education (VDOE) is directed to create model policies for local school boards on the treatment of transgender students in public elementary and secondary schools. These model policies must reflect evidence-based best practices and address a range of issues, including compliance with nondiscrimination laws, ensuring safe and supportive learning environments, and protecting students from bullying and harassment.

Código Civil y Comercial Arts. 638-639, 642, 646-647, 654 on Parental Responsibility

Article 638 defines parental responsibility as the set of parental duties and rights relating to the person and property of the children for the children’s protection, development, and education while they are minors. These responsibilities are governed by three principles set out in article 639: a) the best interests of the child; b) the progressive autonomy of the child based on their psychophysical characteristics, aptitudes, and development.

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