Conceptualising and enforcing the right to quality education for minorities and disadvantaged groups: reflections on the Campaign for Fiscal Equity litigation

Abstract

This chapter examines how the focus on ensuring quality education for all can strengthen both the conceptualisation and enforcement of the right to education for minorities and disadvantaged groups, considering the Campaign for Fiscal Equity litigation in the New York State courts as a case study. The Campaign for Fiscal Equity litigation, which dealt with the constitutionality of New York State's education financing scheme, clearly demonstrates the strategic value that a human rights-based assessment of quality holds for ensuring equality in education provision. While the plaintiffs' argument based on education equality failed, their successful claim based on education adequacy indirectly helped to ensure a more equitable allocation of funding to public schools in New York City. The litigation also shows the close link and challenges between the conceptualisation of the right to quality education and the court's role when enforcing it.