The state's liability under civil law arising from the breach of the right to education due to the poor implementation of internet services to conduct distance learning during a pandemic.

Abstract

The article's objective is to examine the possible liability arising from the breach of the right to education of children and adolescents attending primary and secondary public schools against the State under civil law due to the poor implementation of internet services and thus limited access to distance learning, by seeking to prove the existence of real damage caused by the lack of foresight of the State when implementing distance learning in the context of COVID-19. It is structured in three chapters: The first sets out the children and adolescents' right to education and the applicable regulatory framework. The second analyses and explains the competent State Administration bodies' breaches of the right to education in the context of a pandemic. The third explores the possibility of amending the liability of the State under civil law arising from the breach of the fundamental right to education during a pandemic.