ABSTRACT
Article 26 of the United Nations Universal Declaration of Human Rights (1948) recognised that ‘everyone has the right to education’. In England and Wales this right is protected through the Education Reform Act (ERA) 1988, which acknowledged that all pupils are entitled to an education which allows access to a broadly based and balanced curriculum. This curriculum should promote the ‘spiritual, moral, cultural, mental and physical development of pupils’ and prepare ‘pupils for the opportunities, responsibilities and experiences of adult life’ (Department of Education and Science (DES) 1989b: 2.1). Within this broad and balanced curriculum, physical education was recognised as having a unique role to play in catering for particular aspects of pupils’ physical learning and development. Hence, physical education was included as one of the foundation subjects of the National Curriculum, established under the terms of the ERA. The law therefore protects the rights of all children in maintained schools to have access to an education, including physical education, regardless of economic status, gender, race, ethnicity, or ability. But does right of access ensure equality of opportunity?
