ASU 111: Human Rights - Lecture 7

The Right to Education

• Everyone has the right to education, which shall be free at least in elementary and fundamental stages, according to Article 26(1) of the Universal Declaration of Human Rights (UDHR).
• Elementary education shall be compulsory, and technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

The Right to Education in the Covenant on Economic, Social and Cultural Rights (CESCR)

• Article 13 of CESCR recognizes the right to education, which includes:
  • Primary education shall be compulsory and available free to all
  • Secondary education shall be made generally available and accessible to all by every appropriate means, including the progressive introduction of free education
  • Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means
  • Fundamental education shall be encouraged or intensified for those who have not received or completed primary education
  • The development of a system of schools at all levels shall be actively pursued, and an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved

The Liberty of Parents and Individuals

• States Parties to the CESCR undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to minimum educational standards
• No part of Article 13 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject to the observance of the principles set forth in paragraph 1 of Article 13 and to the requirement that the education given in such institutions shall conform to minimum standards laid down by the State

The Progressive Implementation of Compulsory Education

• States Parties to the CESCR that have not been able to secure compulsory primary education, free of charge, undertake to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, of the principle of compulsory education free of charge for all

Components of the Right to Education

• The right to education can be broken down into two components:
  • Enhancement of access to education
  • Freedom to choose the type and content of education

Obligations for States

• These two components can be further subdivided into four areas of obligation:
  • Availability:
    • Functioning educational institutions and programs
    • Obligatory and free primary education for all
    • Teacher training programs
    • Adequate working conditions for teachers
  • Accessibility:
    • Economically affordable secondary and higher education
    • Non-discriminatory access to education
    • Adequate education-grant system for disadvantaged groups
    • Adequate funding for education in rural areas
    • Mechanisms for monitoring policies, institutions, programs, spending patterns, and other practices in the education sector
  • Acceptability:
    • Legislation guaranteeing the quality of curricula and teaching methods
    • Minimum educational standards and related monitoring mechanisms
    • Guarantee of the right to establish private institutions
  • Adaptability:
    • Curriculum design and education funding in conformity with the pupils' and students' actual needs

Plans of Action

• State efforts to realize the right to education should be progressive, effective, and expeditious to a warranted degree
• States that have not been able to secure compulsory and free primary education should adopt and implement a national educational plan, as laid down in Article 14 of the CESCR, within two years for the progressive implementation, within a reasonable number of years to be fixed in that plan, of the principle of compulsory education free of charge for all