New U.S. Training Material on the Right to Education

The universal vision of human rights can only be realized when communities become an integral part of fulfilling that vision. For this reason, the right to participation is an essential aspect of the human rights framework and a critical component for ensuring government accountability. The right to participation is guaranteed by the International Covenant on Civil and Political Rights, which was the first major human rights convention ratified by the United States. [español]

The right to education can only be met when students feel safe and able to express themselves in school. Human rights guarantee that school policies protect the child’s right to human dignity and create an environment in which children can learn and develop to their fullest potential, without discrimination. These rights are protected in the Universal Declaration of Human Rights, the Convention on the Rights of the Child, and the International Covenant on Economic, Social and Cultural Rights. [español]

The Independent Commission on Public Education works within a human rights framework, which guarantees that every child in New York City has the right to education. Children have the right to quality teachers and curricula, and to a school environment that respects the dignity of every child. This right is not only found in our State Constitution, it is recognized around the world in the Universal Declaration of Human Rights, the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights. [español]

In the United States, it is hard to use direct legal action to enforce human rights obligations. The U.S. has not ratified the several major human rights treaties, including those protecting the right to education. As a result, international treaties have not become part of our domestic law and do not provide a cause of action in court. Even when the U.S. does ratify a treaty, Congress makes what are called “reservations,” “understandings” and “declarations” that prevent individuals from using the treaties in U.S. courts. So, what are other ways that can we use human rights in the U.S.?