A human rights analysis of a claim for educational negligence in Australian schools

Dalby, Rosemary Antonia (2013) A human rights analysis of a claim for educational negligence in Australian schools. Professional Doctorate thesis, Queensland University of Technology.

Abstract

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.

Impact and interest:

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

997 since deposited on 13 Aug 2013
253 in the past twelve months

Full-text downloads displays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 61834
Item Type: QUT Thesis (Professional Doctorate)
Supervisor: Butler, Des & Cockburn, Tina
Keywords: educational negligence, human right to education, educational policy, adequate education, schools' practices, teachers' practices, literacy curriculum
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Institution: Queensland University of Technology
Deposited On: 13 Aug 2013 05:45
Last Modified: 04 Sep 2015 02:53

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page