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In a companion article, we considered legal issues in language and culture in private schooling in two U.S. contexts: Silva v. St. Anne Catholic School and Doe v. Kamehameha Schools. In this article, we consider the facts and findings of these two cases under the human rights and anti-discrimination legal frameworks of Australia to consider whether the same or different outcomes would emerge. Australia and the United States are multicultural countries with indigenous populations and have similar legal frameworks. However, the analysis shows that a different framework for considering the rights of individuals could lead to different judicial outcomes. The discussion highlights the way that fundamental differences influence the way that societal values are reflected in education.


Institute for Learning Sciences and Teacher Education

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Journal Article

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