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.
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.
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|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|
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