Tertiary institutions and human rights obligations |
| |
| Authors: | Kris Gledhill |
| |
| Institution: | 1. AUT Law School, Auckland, New Zealandkris.gledhill@aut.ac.nz |
| |
| Abstract: | One question arising in the context of universities as corporate entities is the reason why being an ‘entity’ is important. One relevant consideration is whether it is necessary or sensible that a ‘community of scholars’ has the status of a ‘corporation of scholars’ because that ensures that the community abides by various obligations, including those based on considerations of equity and rights. This article examines universities as legal entities in light of the human rights framework, with a focus on the right to tertiary education to illustrate the more general question of rights. It does so by setting out, first, the use of legal personhood for corporations generally and universities particularly. Secondly, it notes that the modern international regime for the protection of human rights commenced with the idea that its obligations should rest on all elements of society, including corporations. Thirdly, it point out that the developed regime has a focus on the obligations of states to secure rights, including through ensuring remedies against corporate and other private actors. Finally, the main part of the article examines the substance of the right to education and suggests that its realisation is most likely if there are obligations on universities, which they can adopt themselves. |
| |
| Keywords: | Universities human rights |
|
|
