Juridification and choice of education. Consequences of student rights

Abstract

Increased regulation by law, specification of laws and individual legal entitlements has been described as processes of juridification. In Sweden this is evident in how student rights have become more prominent in governing education. In this article, I explore aspects of juridification that apply to student rights. I argue that juridification and the practice of parental and student choice of schools and education are interlinked, and they emphasise and strengthen an understanding of education as a ‘private good’, where rights’ violations should be solved with reference to law and judicial procedures. I do this by analysing two cases of student appeals in education. The two cases show prevalence of a rights discourse that benefit privileged rather than marginalised groups. Students are positioned as rights-holding consumers constructing a tension between the right to school choice and the right not to be harassed.