Towards a Right to Digital Education? Constitutional Challenges of Edtech

14 JIPITEC 234 (2023)

17 Pages Posted: 22 Jul 2023

See all articles by Edoardo Celeste

Edoardo Celeste

Dublin City University - School of Law and Government

Giovanni De Gregorio

Católica Global School of Law, Lisbon; Universidade Católica Portuguesa

Date Written: 2023

Abstract

Education is increasingly going digital. The COVID-19 pandemic has compelled students to attend school and college online through the use of often private digital platforms. For many this change has been regarded negatively, yet for some, especially students with disabilities or from remote geographical areas, this opportunity has been essential to access or continue their studies, thus making the right to education, as enshrined in many national and supranational constitutional texts, even more effective. Despite the advantages of introducing a right to access education remotely, this paper examines the constitutional drawbacks of this proposal. The first part of the article argues that a right to digital education should be recognised as a component of the right to quality education in the digital age in terms of possibility for the individual to access educational materials online, as well as a right to acquire sufficient digital skills to fully participate in democratic society. However on the path towards a full implementation of this right lies a structural obstacle: education is not only increasingly digital but also private. The second part of the paper examines the constitutional challenges generated by private actors dominating the edtech sector. While education has usually been conceived of as a public service, increasingly this area of welfare is left in the hands of private actors that have the power to shape the technical and social infrastructures to exercise constitutional rights. The paper concludes with an assessment of existing regulatory frameworks to ensure that private organisations contribute to fostering the right to digital education.

Keywords: Digital Education, Edtech, Fundamental Rights, Online Platforms, Regulation

Suggested Citation

Celeste, Edoardo and De Gregorio, Giovanni, Towards a Right to Digital Education? Constitutional Challenges of Edtech ( 2023). 14 JIPITEC 234 (2023), Available at SSRN: https://ssrn.com/abstract=4515434

Edoardo Celeste

Dublin City University - School of Law and Government ( email )

Dublin
Ireland

HOME PAGE: http://www.dcu.ie/lawandgovernment/people/edoardo-celeste

Giovanni De Gregorio (Contact Author)

Católica Global School of Law, Lisbon ( email )

Lisbon
Portugal

Universidade Católica Portuguesa ( email )

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