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Setting the scene

Education, welfare, market and the right to non discrimination Associate Professor, Ph.D Stine Jørgensen Conference on Education and Law, Oslo 26-27 April. Education has gained in importance - EU level (Europe 2020)

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Setting the scene

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  1. Education, welfare, market and the right to non discrimination Associate Professor, Ph.D Stine JørgensenConference on Education and Law, Oslo 26-27 April

  2. Education has gained in importance - EU level (Europe 2020) - nation states (moving towards knowledge based societies, a well educated population is fundamental for economic growth and prosperity) - individuals the legal concepts - decision (one sided) - welfare states as provider of pubic goods - agreement (reciprocity) - ECJ caselaw wether public funded education is considered remuneration for purpose of the TFEU Article 49 Setting the scene

  3. Labour markets are sensitive towards external changes European education systems are generally very slow adapters to market changes EU Commission 2008 maching skills and education to labour market needs Legal figures - education as an individual human right - the principle of non discrimination - the principle of free movement Setting the scene

  4. Ponomaryov and Ponomaryov v Bulgaria, Appl. 5335/05 (june 2011) -concerned a cross border situation - dicrimination on grounds of nationaity and immigrant status - with regard to the right to secondary education ”secondary education plays an ever increasing role in succesful personal and professionaldveoplment (..), para 57 Education

  5. Principle of non discrimination and education - EU - ECHR, UN Conventions (CRC, Cedaw ect) - visualised at the national level Education and the principle of non discrimination

  6. Gender discrimination and stereotyping - Education is highly gendered in its structure. Discriminatory entrancerestrictions - Education based on fundamental democratic values, - i.e equality between men and women (CRC art. 29) - Elimination of gender stereotypes (Cedaw article 5a) Education and gender discrimination

  7. Cedaw article: 10 c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods; Education and gender discrimination

  8. - ECHR Aksu, App 4149/04 and 41029/04 - description of romas in a dictionary intented for use in a primary education facilities. Education and gender discrimination

  9. Normative structures - Edcation as commodity on the market - within the EU and word wide - Education as an individual right on a non discriminatiory basis - Education law under dveopment

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