Uguaglianza nell’emergenza? Il Persönlichkeitsrecht della Grundgesetz e la Due Process Clause del XIV Emendamento alla prova dei limiti al diritto all’istruzione in tempo di pandemia da COVID-19

Equality in Emergency. The Persönlichkeitsrecht Under the German Basic Law and the Due Process Clause of the U.S. Fourteenth Amendment Testing the Limits to the Right to Education in Times of COVID-19 Pandemic

Abstract

Abstract: Equality in Emergency. The Persönlichkeitsrecht Under the German Basic Law and the Due Process Clause of the U.S. Fourteenth Amendment Testing the Limits to the Right to Education in Times of COVID-19 Pandemic – The inconveniences that the school closures caused undermined the full enjoyment of the right to education and generated a number of appeals before the courts in many jurisdictions, including Germany and the United States. In the first case, the challenge of the Schulschließungen before the Bundesverfassungsgericht became an opportunity to constitutionalise the right to education at the federal level. In the second case, the failure to provide for a right to public education in the Federal Constitution gave rise before the U.S. Court of Appeals for the Ninth Circuit to a differentiated level of constitutional protection between public and public school students

Keywords: Education; COVID-19; Bundersverfassungsgericht; U.S. Courts of Appeals .