Constitutional rights to education and their relationship to national policy and school enrolment

TLDR

The study examines how education rights in 191 constitutions have evolved and their link to national policies and enrolment. By 2011, 81 % of constitutions universally protected primary education (53 % free), whereas only 37 % and 35 % protected secondary and higher education; constitutions adopted after 1990—predominantly from low‑ and middle‑income countries—were more likely to safeguard education rights, and those guaranteeing free or primary/secondary education had higher net enrolment and corresponding national policies, independent of GDP and urbanization.

Abstract

This article assesses the status and evolution of education rights in 191 constitutions and analyzes their relationship to educational policies and enrolment rates. As of 2011, 81% of constitutions protected primary education universally and 53% designated it as free. A minority granted secondary (37%) and higher (35%) education or explicitly protected specific groups. Constitutions adopted after 1990, which belong predominantly to low- and middle-income countries, were more likely to protect education rights. Countries that constitutionally protected free education were more likely to have corresponding national policies. Those that constitutionally guaranteed primary and secondary education had significantly higher net enrolment, independent of GDP and urbanization.