A human rights analysis of a claim for educational negligence in Australian schools / Rosemary Antonia Dalby.
2013
Online
Details
Title
A human rights analysis of a claim for educational negligence in Australian schools / Rosemary Antonia Dalby.
Imprint
Brisbane : Faculty of Law, Queensland University of Technology, 2013.
Language
English
Description
1 online resource (448 pages) : digital, PDF
Call Number
Online
Summary
This thesis argues that an action in educational negligence should be available in Australia to provide a remedy for failure by schools and teachers to provide an adequate education as required by Australia's human rights obligations. The thesis substantiates a duty of care to provide an adequate education under general principles of the law of negligence in appropriate cases. Although some protection exists for disabled students in Australia's anti-discrimination and other legislation, non-disabled students are not afforded redress under existing causes of action. The educational negligence action provides a suitable remedy in an era of professional educational accountability. - Description of thesis.
Bibliography, etc. Note
Includes biblographic references.
Formatted Contents Note
PART 1: introduction
1. What is educational negligence?
PART 2: educational negligence: the overseas experience
2. The United States
3. The United Kingdom
PART 3: a human right to education
4. Australia's obligations
5. Australia's response
PART 4: a remedy for inadequate education in Australia
6. An Australian action in educational negligence
7. Policy factors in an action for educational negligence
8. Other causes of action
9. Implications for education in Australia
PART 5: conclusion
10. Conclusion.
1. What is educational negligence?
PART 2: educational negligence: the overseas experience
2. The United States
3. The United Kingdom
PART 3: a human right to education
4. Australia's obligations
5. Australia's response
PART 4: a remedy for inadequate education in Australia
6. An Australian action in educational negligence
7. Policy factors in an action for educational negligence
8. Other causes of action
9. Implications for education in Australia
PART 5: conclusion
10. Conclusion.
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