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Towards a right to digital education? Constitutional challenges of edtech

dc.contributor.authorCeleste, Edoardo
dc.contributor.authorGregorio, Giovanni De
dc.date.accessioned2023-09-13T11:58:37Z
dc.date.available2023-09-13T11:58:37Z
dc.date.issued2023-06
dc.description.abstractEducation 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.pt_PT
dc.description.versioninfo:eu-repo/semantics/publishedVersionpt_PT
dc.identifier.eid85167911605
dc.identifier.issn2190-3387
dc.identifier.urihttp://hdl.handle.net/10400.14/42312
dc.language.isoengpt_PT
dc.peerreviewedyespt_PT
dc.subjectDigital educationpt_PT
dc.subjectEdtechpt_PT
dc.subjectOnline platformspt_PT
dc.subjectRegulationpt_PT
dc.subjectFundamental rightspt_PT
dc.titleTowards a right to digital education? Constitutional challenges of edtechpt_PT
dc.typejournal article
dspace.entity.typePublication
oaire.citation.endPage250pt_PT
oaire.citation.issue2pt_PT
oaire.citation.startPage234pt_PT
oaire.citation.titleJournal of Intellectual Property, Information Technology and Electronic Commerce Lawpt_PT
oaire.citation.volume14pt_PT
rcaap.rightsopenAccesspt_PT
rcaap.typearticlept_PT

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