Education (2)

CESR workswith policy and community groups to integrate a human rightsperspective into education advocacy in New York City public schools.The international human rights framework recognizes that every childhas the human right to a quality education. This right is codified ininternational treaties and declarations such as the UniversalDeclaration of Human Rights and the Convention on the Rights of theChild. The human rights framework requires governments to fulfill thebasic learning needs of every child, providing them with the skillsnecessary to participate fully in society and the knowledge to developas a human being.

The Right to Education Project emphasizes the need tostrengthen parent and community participation in the management andoversight of the school system in order to strengthen governmentaccountability for providing a quality education.

Report - Civil Society and School Accountability: A Human Rights Approach to Parent and Community Participation

The report Civil Society and School Accountability was produced by the Center for Economic and Social Rights and the New York University Institute for Education and Social Policy.The report argues that parents and communities have a human right toparticipate in the management and oversight of the school system, andthat the effective protection of the right to participation isessential for creating greater accountability at all levels. Itidentifies and critiques the obstacles to participation that currentlyexist in New York City schools and makes recommendations based on humanrights standards for how to better ensure effective civil societyparticipation.

Our research and documentation is based on a series of interviewswith parents, community organizers and education advocates from acrossthe city. The report draws from international declarations, conventionsand other documents to lay out the human rights framework forparticipation and uses international examples to demonstrate the use ofhuman rights standards in school management and oversight around theworld.

Because Mayor Bloomberg and Chancellor Klein have launched anew round of school reform, the Children First initiative, this is aparticularly critical time to discuss the human rights implications ofcivil society participation in school management. While the reformsare, in part, geared towards addressing the question of "parentalinvolvement," they fail to provide parents and communities withadequate information and power to impact educational decision-making.Civil Society and School Accountability offers a broad framework forhow human rights standards for participation can be applied to theChildren First reform processes. It does not address many specificaspects of the reforms, but rather provides the parameters by which anyreform effort must be assessed in relation to human rights obligations.

News Articles about the Report:

Open School Doors to Parents

Adopted by the General Conference of the
United Nations Educational, Scientific and Cultural Organization
on 14 December 1960

The General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 14 November to 15 December 1960, at its eleventh session,

Recalling that the Universal Declaration of Human Rightsasserts the principle of non-discrimination and proclaims that everyperson has the right to education,
Considering that discrimination in education is a violation of rights enunciated in that Declaration,

Considering that, under the terms of its Constitution, theUnited Nations Educational, Scientific and Cultural Organization hasthe purpose of instituting collaboration among the nations with a viewto furthering for all universal respect for human rights and equalityof educational opportunity,

Recognizing that, consequently, the United NationsEducational, Scientific and Cultural Organization, while respecting thediversity of national educational systems, has the duty not only toproscribe any form of discrimination in education but also to promoteequality of opportunity and treatment for all in education,

Having before it proposals concerning the different aspectsof discrimination in education, constituting item 17.1.4 of the agendaof the session,

Having decided at its tenth session that this questionshould be made the subject of an international convention as well as ofrecommendations to Member States,

Adopts this Convention on the fourteenth day of December 1960.

click here for the UDHR in other languages

Preamble

Whereas recognition of the inherent dignity and of theequal and inalienable rights of all members of the human family is thefoundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights haveresulted in barbarous acts which have outraged the conscience ofmankind, and the advent of a world in which human beings shall enjoyfreedom of speech and belief and freedom from fear and want has beenproclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled tohave recourse, as a last resort, to rebellion against tyranny andoppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in theCharter reaffirmed their faith in fundamental human rights, in thedignity and worth of the human person and in the equal rights of menand women and have determined to promote social progress and betterstandards of life in larger freedom,

Whereas Member States have pledged themselves to achieve,in cooperation with the United Nations, the promotion of universalrespect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a commonstandard of achievement for all peoples and all nations, to the endthat every individual and every organ of society, keeping thisDeclaration constantly in mind, shall strive by teaching and educationto promote respect for these rights and freedoms and by progressivemeasures, national and international, to secure their universal andeffective recognition and observance, both among the peoples of MemberStates themselves and among the peoples of territories under theirjurisdiction.

THE RIGHT TO EDUCATION (ARTICLE 13)

SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Twenty-first session, Geneva, 15 November-3 December 1999
E/C.12/1999/10, CESCR

1. Education is both a human right in itself and an indispensablemeans of realizing other human rights. As an empowerment right,education is the primary vehicle by which economically and sociallymarginalized adults and children can lift themselves out of poverty andobtain the means to participate fully in their communities. Educationhas a vital role in empowering women, safeguarding children fromexploitative and hazardous labour and sexual exploitation, promotinghuman rights and democracy, protecting the environment, and controllingpopulation growth. Increasingly, education is recognized as one of thebest financial investments States can make. But the importance ofeducation is not just practical: a well-educated, enlightened andactive mind, able to wander freely and widely, is one of the joys andrewards of human existence.

2. The International Covenant on Economic, Social and CulturalRights (ICESCR) devotes two articles to the right to education,articles 13 and 14. Article 13, the longest provision in the Covenant,is the most wide-ranging and comprehensive article on the right toeducation in international human rights law. The Committee has alreadyadopted General Comment 11 on article 14 (plans of action for primaryeducation); General Comment 11 and the present general comment arecomplementary and should be considered together. The Committee is awarethat for millions of people throughout the world, the enjoyment of theright to education remains a distant goal. Moreover, in many cases,this goal is becoming increasingly remote. The Committee is alsoconscious of the formidable structural and other obstacles impeding thefull implementation of article 13 in many States parties.

3. With a view to assisting States parties' implementation of theCovenant and the fulfilment of their reporting obligations, thisgeneral comment focuses on the normative content of article 13 (Part I,paras. 4-42), some of the obligations arising from it (Part II, paras. 43-57), and some illustrative violations (Part II, paras. 58-59). Part III brieflyremarks upon the obligations of actors other than States parties. Thegeneral comment is based upon the Committee's experience in examiningStates parties, reports over many years.

I. NORMATIVE CONTENT OF ARTICLE 13

Article 13 (1): Aims and objectives of education

4. States parties agree that all education, whether public orprivate, formal or non-formal, shall be directed towards the aims andobjectives identified in article 13 (1). The Committee notes that theseeducational objectives reflect the fundamental purposes and principlesof the United Nations as enshrined in Articles 1 and 2 of the Charter.For the most part, they are also found in article 26 (2) of theUniversal Declaration of Human Rights, although article 13 (1) adds tothe Declaration in three respects: education shall be directed to thehuman personality's "sense of dignity", it shall "enable all persons toparticipate effectively in a free society", and it shall promoteunderstanding among all "ethnic" groups, as well as nations and racialand religious groups. Of those educational objectives which are commonto article 26 (2) of the Universal Declaration of Human Rights andarticle 13 (1) of the Covenant, perhaps the most fundamental is that"education shall be directed to the full development of the humanpersonality".

5. The Committee notes that since the General Assembly adopted theCovenant in 1966, other international instruments have furtherelaborated the objectives to which education should be directed.Accordingly, the Committee takes the view that States parties arerequired to ensure that education conforms to the aims and objectivesidentified in article 13 (1), as interpreted in the light of the WorldDeclaration on Education for All (Jomtien, Thailand, 1990) (art. 1),the Convention on the Rights of the Child (art. 29 (1)), the ViennaDeclaration and Programme of Action (Part I, para. 33 and Part II, para.80), and the Plan of Action for the United Nations Decade for HumanRights Education (para. 2). While all these texts closely correspond toarticle 13 (1) of the Covenant, they also include elements which arenot expressly provided for in article 13 (1), such as specificreferences to gender equality and respect for the environment. Thesenew elements are implicit in, and reflect a contemporary interpretationof article 13 (1). The Committee obtains support for this point of viewfrom the widespread endorsement that the previously mentioned textshave received from all regions of the world. 2/

Article 13 (2): The right to receive an education - some general remarks

6. While the precise and appropriate application of the terms willdepend upon the conditions prevailing in a particular State party,education in all its forms and at all levels shall exhibit thefollowing interrelated and essential features: 3/

(a) Availability - functioning educationalinstitutions and programmes have to be available in sufficient quantitywithin the jurisdiction of the State party. What they require tofunction depends upon numerous factors, including the developmentalcontext within which they operate; for example, all institutions andprogrammes are likely to require buildings or other protection from theelements, sanitation facilities for both sexes, safe drinking water,trained teachers receiving domestically competitive salaries, teachingmaterials, and so on; while some will also require facilities such as alibrary, computer facilities and information technology;

(b) Accessibility - educational institutions andprogrammes have to be accessible to everyone, without discrimination,within the jurisdiction of the State party. Accessibility has threeoverlapping dimensions:

Non-discrimination - education must be accessible to all, especiallythe most vulnerable groups, in law and fact, without discrimination onany of the prohibited grounds (see paras. 31-37 on non-discrimination);

Physical accessibility - education has to be within safe physicalreach, either by attendance at some reasonably convenient geographiclocation (e.g. a neighbourhood school) or via modern technology (e.g.access to a "distance learning" programme);

Economic accessibility - education has to be affordable to all. Thisdimension of accessibility is subject to the differential wording ofarticle 13 (2) in relation to primary, secondary and higher education:whereas primary education shall be available "free to all", Statesparties are required to progressively introduce free secondary andhigher education;

?? Acceptability - the form and substance ofeducation, including curricula and teaching methods, have to beacceptable (e.g. relevant, culturally appropriate and of good quality)to students and, in appropriate cases, parents; this is subject to theeducational objectives required by article 13 (1) and such minimumeducational standards as may be approved by the State (see art. 13 (3)and (4));

(d) Adaptability - education has to be flexible soit can adapt to the needs of changing societies and communities andrespond to the needs of students within their diverse social andcultural settings.

7. When considering the appropriate application of these"interrelated and essential features" the best interests of the studentshall be a primary consideration.

Article 13 (2) (a): The right to primary education

8. Primary education includes the elements of availability,accessibility, acceptability and adaptability which are common toeducation in all its forms and at all levels. 4/

9. The Committee obtains guidance on the proper interpretation ofthe term "primary education" from the World Declaration on Educationfor All which states: "The main delivery system for the basic educationof children outside the family is primary schooling. Primary educationmust be universal, ensure that the basic learning needs of all childrenare satisfied, and take into account the culture, needs andopportunities of the community" (art. 5). "[B]asic learning needs" aredefined in article 1 of the World Declaration. 5/

While primary education is not synonymous with basic education,there is a close correspondence between the two. In this regard, theCommittee endorses the position taken by UNICEF: "Primary education is the most important component of basic education." 6/

10. As formulated in article 13 (2) (a), primary education has twodistinctive features: it is "compulsory" and "available free to all".For the Committee's observations on both terms, see paragraphs 6 and 7of General Comment 11 on article 14 of the Covenant.

Article 13 (2) (b): The right to secondary education

11. Secondary education includes the elements of availability,accessibility, acceptability and adaptability which are common toeducation in all its forms and at all levels. 7/

12. While the content of secondary education will vary among Statesparties and over time, it includes completion of basic education andconsolidation of the foundations for life-long learning and humandevelopment. It prepares students for vocational and higher educationalopportunities. 8/

Article 13 (2) (b) applies to secondary education "in its differentforms", thereby recognizing that secondary education demands flexiblecurricula and varied delivery systems to respond to the needs ofstudents in different social and cultural settings. The Committeeencourages "alternative" educational programmes which parallel regularsecondary school systems.

13. According to article 13 (2) (b), secondary education "shall bemade generally available and accessible to all by every appropriatemeans, and in particular by the progressive introduction of freeeducation". The phrase "generally available" signifies, firstly, thatsecondary education is not dependent on a student's apparent capacityor ability and, secondly, that secondary education will be distributedthroughout the State in such a way that it is available on the samebasis to all. For the Committee's interpretation of "accessible", seeparagraph 6 above. The phrase "every appropriate means" reinforces thepoint that States parties should adopt varied and innovative approachesto the delivery of secondary education in different social and culturalcontexts.

14. "[P]rogressive introduction of free education" means that whileStates must prioritize the provision of free primary education, theyalso have an obligation to take concrete steps towards achieving freesecondary and higher education. For the Committee's generalobservations on the meaning of the word "free", see paragraph 7 ofGeneral Comment 11 on article 14.

Technical and vocational education

15. Technical and vocational education (TVE) forms part of both theright to education and the right to work (art. 6 (2)). Article 13 (2)(b) presents TVE as part of secondary education, reflecting the particular importance of TVE at this level of education. Article 6 (2), however, does not refer to TVE in relation to a specific level of education; it comprehends that TVE hasa wider role, helping "to achieve steady economic, social and culturaldevelopment and full and productive employment". Also, the UniversalDeclaration of Human Rights states that "[t]echnical and professionaleducation shall be made generally available" (art. 26 (1)).Accordingly, the Committee takes the view that TVE forms an integral element of all levels of education. 9/

16. An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consistsof "all forms and levels of the educational process involving, inaddition to general knowledge, the study of technologies and relatedsciences and the acquisition of practical skills, know-how, attitudesand understanding relating to occupations in the various sectors ofeconomic and social life" (art. 1 (a)). This view is also reflected incertain ILO Conventions. 10/ Understood in this way, the right to TVE includes the following aspects:

(a) It enables students to acquire knowledge and skills whichcontribute to their personal development, self-reliance andemployability and enhances the productivity of their families andcommunities, including the State party's economic and socialdevelopment;

(b) It takes account of the educational, cultural and socialbackground of the population concerned; the skills, knowledge andlevels of qualification needed in the various sectors of the economy;and occupational health, safety and welfare;

?? Provides retraining for adults whose current knowledge and skillshave become obsolete owing to technological, economic, employment,social or other changes;

(d) It consists of programmes which give students, especially those from developing countries, the opportunity to receive TVE in other States, with a view to the appropriate transfer and adaptation of technology;

(e) It consists, in the context of the Covenant's non-discrimination and equality provisions, of programmes which promote the TVE ofwomen, girls, out-of-school youth, unemployed youth, the children ofmigrant workers, refugees, persons with disabilities and otherdisadvantaged groups.

Article 13 (2) ??: The right to higher education

17. Higher education includes the elements of availability,accessibility, acceptability and adaptability which are common toeducation in all its forms at all levels. 11/

18. While article 13 (2) ?? is formulated on the same lines asarticle 13 (2) (b), there are three differences between the twoprovisions. Article 13 (2) ?? does not include a reference to eithereducation "in its different forms" or specifically to TVE.In the Committee's opinion, these two omissions reflect only adifference of emphasis between article 13 (2) (b) and ??. If highereducation is to respond to the needs of students in different socialand cultural settings, it must have flexible curricula and varieddelivery systems, such as distance learning; in practice, therefore,both secondary and higher education have to be available "in differentforms". As for the lack of reference in article 13 (2) ?? to technicaland vocational education, given article 6 (2) of the Covenant andarticle 26 (1) of the Universal Declaration, TVE forms an integral component of all levels of education, including higher education. 12/

19. The third and most significant difference between article 13 (2)(b) and ?? is that while secondary education "shall be made generallyavailable and accessible to all", higher education "shall be madeequally accessible to all, on the basis of capacity". According toarticle 13 (2) ??, higher education is not to be "generally available",but only available "on the basis of capacity". The "capacity" ofindividuals should be assessed by reference to all their relevantexpertise and experience.

20. So far as the wording of article 13 (2) (b) and ?? is the same(e.g. "the progressive introduction of free education"), see theprevious comments on article 13 (2) (b).

Article 13 (2) (d): The right to fundamental education

21. Fundamental education includes the elements of availability,accessibility, acceptability and adaptability which are common toeducation in all its forms and at all levels. 13/

22. In general terms, fundamental education corresponds to basiceducation as set out in the World Declaration on Education For All. 14/By virtue of article 13 (2) (d), individuals "who have not received orcompleted the whole period of their primary education" have a right tofundamental education, or basic education as defined in the WorldDeclaration on Education For All.

23. Since everyone has the right to the satisfaction of their "basiclearning needs" as understood by the World Declaration, the right tofundamental education is not confined to those "who have not receivedor completed the whole period of their primary education". The right tofundamental education extends to all those who have not yet satisfiedtheir "basic learning needs".

24. It should be emphasized that enjoyment of the right tofundamental education is not limited by age or gender; it extends tochildren, youth and adults, including older persons. Fundamentaleducation, therefore, is an integral component of adult education andlife-long learning. Because fundamental education is a right of all agegroups, curricula and delivery systems must be devised which aresuitable for students of all ages.

Article 13 (2) (e): A school system; adequate fellowship system; material conditions of teaching staff

25. The requirement that the "development of a system of schools atall levels shall be actively pursued" means that a State party isobliged to have an overall developmental strategy for its schoolsystem. The strategy must encompass schooling at all levels, but theCovenant requires States parties to prioritize primary education (seepara. 51). "[A]ctively pursued" suggests that the overall strategyshould attract a degree of governmental priority and, in any event,must be implemented with vigour.

26. The requirement that "an adequate fellowship system shall beestablished" should be read with the Covenant's non-discrimination andequality provisions; the fellowship system should enhance equality ofeducational access for individuals from disadvantaged groups.

27. While the Covenant requires that "the material conditions ofteaching staff shall be continuously improved", in practice the generalworking conditions of teachers have deteriorated, and reachedunacceptably low levels, in many States parties in recent years. Notonly is this inconsistent with article 13 (2) (e), but it is also amajor obstacle to the full realization of students' right to education.The Committee also notes the relationship between articles 13 (2) (e),2 (2), 3 and 6-8 of the Covenant, including the right of teachers toorganize and bargain collectively; draws the attention of Statesparties to the joint UNESCO-ILO Recommendation Concerning the Status of Teachers (1966) and the UNESCORecommendation Concerning the Status of Higher-Education TeachingPersonnel (1997); and urges States parties to report on measures theyare taking to ensure that all teaching staff enjoy the conditions andstatus commensurate with their role.

Article 13 (3) and (4): The right to educational freedom

28. Article 13 (3) has two elements, one of which is that Statesparties undertake to respect the liberty of parents and guardians toensure the religious and moral education of their children inconformity with their own convictions. 15/

The Committee is of the view that this element of article 13 (3)permits public school instruction in subjects such as the generalhistory of religions and ethics if it is given in an unbiased andobjective way, respectful of the freedoms of opinion, conscience andexpression. It notes that public education that includes instruction ina particular religion or belief is inconsistent with article 13 (3)unless provision is made for non-discriminatory exemptions oralternatives that would accommodate the wishes of parents andguardians.

29. The second element of article 13 (3) is the liberty of parentsand guardians to choose other than public schools for their children,provided the schools conform to "such minimum educational standards asmay be laid down or approved by the State". This has to be read withthe complementary provision, article 13 (4), which affirms "the libertyof individuals and bodies to establish and direct educationalinstitutions", provided the institutions conform to the educationalobjectives set out in article 13 (1) and certain minimum standards.These minimum standards may relate to issues such as admission,curricula and the recognition of certificates. In their turn, thesestandards must be consistent with the educational objectives set out inarticle 13 (1).

30. Under article 13 (4), everyone, including non-nationals, has theliberty to establish and direct educational institutions. The libertyalso extends to "bodies", i.e. legal persons or entities. It includesthe right to establish and direct all types of educationalinstitutions, including nurseries, universities and institutions foradult education. Given the principles of non-discrimination, equalopportunity and effective participation in society for all, the Statehas an obligation to ensure that the liberty set out in article 13 (4)does not lead to extreme disparities of educational opportunity forsome groups in society.

Article 13: Special topics of broad application

Non-discrimination and equal treatment

31. The prohibition against discrimination enshrined in article 2(2) of the Covenant is subject to neither progressive realization northe availability of resources; it applies fully and immediately to allaspects of education and encompasses all internationally prohibitedgrounds of discrimination. The Committee interprets articles 2 (2) and3 in the light of the UNESCO Conventionagainst Discrimination in Education, the relevant provisions of theConvention on the Elimination of All Forms of Discrimination againstWomen, the International Convention on the Elimination of All Forms ofRacial Discrimination, the Convention on the Rights of the Child andthe ILO Indigenous and Tribal PeoplesConvention, 1989 (Convention No. 169), and wishes to draw particularattention to the following issues.

32. The adoption of temporary special measures intended to bringabout de facto equality for men and women and for disadvantaged groupsis not a violation of the right to non-discrimination with regard toeducation, so long as such measures do not lead to the maintenance ofunequal or separate standards for different groups, and provided theyare not continued after the objectives for which they were taken havebeen achieved.

33. In some circumstances, separate educational systems orinstitutions for groups defined by the categories in article 2 (2)shall be deemed not to constitute a breach of the Covenant. In thisregard, the Committee affirms article 2 of the UNESCO Convention against Discrimination in Education (1960). 16/

34. The Committee takes note of article 2 of the Convention on the Rights of the Child and article 3 (e) of the UNESCOConvention against Discrimination in Education and confirms that theprinciple of non-discrimination extends to all persons of school ageresiding in the territory of a State party, including non-nationals,and irrespective of their legal status.

35. Sharp disparities in spending policies that result in differingqualities of education for persons residing in different geographiclocations may constitute discrimination under the Covenant.

36. The Committee affirms paragraph 35 of its General Comment 5,which addresses the issue of persons with disabilities in the contextof the right to education, and paragraphs 36-42 of its General Comment6, which address the issue of older persons in relation to articles13-15 of the Covenant.

37. States parties must closely monitor education - including allrelevant policies, institutions, programmes, spending patterns andother practices - so as to identify and take measures to redress any defacto discrimination. Educational data should be disaggregated by theprohibited grounds of discrimination.

Academic freedom and institutional autonomy 17/

38. In the light of its examination of numerous States parties'reports, the Committee has formed the view that the right to educationcan only be enjoyed if accompanied by the academic freedom of staff andstudents. Accordingly, even though the issue is not explicitlymentioned in article 13, it is appropriate and necessary for theCommittee to make some observations about academic freedom. Thefollowing remarks give particular attention to institutions of highereducation because, in the Committee's experience, staff and students inhigher education are especially vulnerable to political and otherpressures which undermine academic freedom. The Committee wishes toemphasize, however, that staff and students throughout the educationsector are entitled to academic freedom and many of the followingobservations have general application.

39. Members of the academic community, individually or collectively,are free to pursue, develop and transmit knowledge and ideas, throughresearch, teaching, study, discussion, documentation, production,creation or writing. Academic freedom includes the liberty ofindividuals to express freely opinions about the institution or systemin which they work, to fulfil their functions without discrimination orfear of repression by the State or any other actor, to participate inprofessional or representative academic bodies, and to enjoy all theinternationally recognized human rights applicable to other individualsin the same jurisdiction. The enjoyment of academic freedom carrieswith it obligations, such as the duty to respect the academic freedomof others, to ensure the fair discussion of contrary views, and totreat all without discrimination on any of the prohibited grounds.

40. The enjoyment of academic freedom requires the autonomy ofinstitutions of higher education. Autonomy is that degree ofself-governance necessary for effective decision-making by institutionsof higher education in relation to their academic work, standards,management and related activities. Self-governance, however, must beconsistent with systems of public accountability, especially in respectof funding provided by the State. Given the substantial publicinvestments made in higher education, an appropriate balance has to bestruck between institutional autonomy and accountability. While thereis no single model, institutional arrangements should be fair, just andequitable, and as transparent and participatory as possible.

Discipline in schools 18/

41. In the Committee's view, corporal punishment is inconsistentwith the fundamental guiding principle of international human rightslaw enshrined in the Preambles to the Universal Declaration of HumanRights and both Covenants: the dignity of the individual. 19/ Otheraspects of school discipline may also be inconsistent with humandignity, such as public humiliation. Nor should any form of disciplinebreach other rights under the Covenant, such as the right to food. AState party is required to take measures to ensure that disciplinewhich is inconsistent with the Covenant does not occur in any public orprivate educational institution within its jurisdiction. The Committeewelcomes initiatives taken by some States parties which activelyencourage schools to introduce "positive", non-violent approaches toschool discipline.

Limitations on article 13

42. The Committee wishes to emphasize that the Covenant'slimitations clause, article 4, is primarily intended to be protectiveof the rights of individuals rather than permissive of the impositionof limitations by the State. Consequently, a State party which closes auniversity or other educational institution on grounds such as nationalsecurity or the preservation of public order has the burden ofjustifying such a serious measure in relation to each of the elementsidentified in article 4.

II. STATES PARTIES' OBLIGATIONS AND VIOLATIONS

General legal obligations

43. While the Covenant provides for progressive realization andacknowledges the constraints due to the limits of available resources,it also imposes on States parties various obligations which are ofimmediate effect. 20/

States parties have immediate obligations in relation to the rightto education, such as the "guarantee" that the right "will be exercisedwithout discrimination of any kind" (art. 2 (2)) and the obligation "totake steps" (art. 2 (1)) towards the full realization of article 13.21/

Such steps must be "deliberate, concrete and targeted" towards the full realization of the right to education.

44. The realization of the right to education over time, that is"progressively", should not be interpreted as depriving States parties'obligations of all meaningful content. Progressive realization meansthat States parties have a specific and continuing obligation "to moveas expeditiously and effectively as possible" towards the fullrealization of article 13. 22/

45. There is a strong presumption of impermissibility of anyretrogressive measures taken in relation to the right to education, aswell as other rights enunciated in the Covenant. If any deliberatelyretrogressive measures are taken, the State party has the burden ofproving that they have been introduced after the most carefulconsideration of all alternatives and that they are fully justified byreference to the totality of the rights provided for in the Covenantand in the context of the full use of the State party's maximumavailable resources. 23/

46. The right to education, like all human rights, imposes threetypes or levels of obligations on States parties: the obligations torespect, protect and fulfil. In turn, the obligation to fulfilincorporates both an obligation to facilitate and an obligation toprovide.

47. The obligation to respect requires States parties to avoidmeasures that hinder or prevent the enjoyment of the right toeducation. The obligation to protect requires States parties to takemeasures that prevent third parties from interfering with the enjoymentof the right to education. The obligation to fulfil (facilitate)requires States to take positive measures that enable and assistindividuals and communities to enjoy the right to education. Finally,States parties have an obligation to fulfil (provide) the right toeducation. As a general rule, States parties are obliged to fulfil(provide) a specific right in the Covenant when an individual or groupis unable, for reasons beyond their control, to realize the rightthemselves by the means at their disposal. However, the extent of thisobligation is always subject to the text of the Covenant.

48. In this respect, two features of article 13 require emphasis.First, it is clear that article 13 regards States as having principalresponsibility for the direct provision of education in mostcircumstances; States parties recognize, for example, that the"development of a system of schools at all levels shall be activelypursued" (art. 13 (2) (e)). Secondly, given the differential wording ofarticle 13 (2) in relation to primary, secondary, higher andfundamental education, the parameters of a State party's obligation tofulfil (provide) are not the same for all levels of education.Accordingly, in light of the text of the Covenant, States parties havean enhanced obligation to fulfil (provide) regarding the right toeducation, but the extent of this obligation is not uniform for alllevels of education. The Committee observes that this interpretation ofthe obligation to fulfil (provide) in relation to article 13 coincideswith the law and practice of numerous States parties.

Specific legal obligations

49. States parties are required to ensure that curricula, for alllevels of the educational system, are directed to the objectivesidentified in article 13 (1). 24/ They are also obliged to establishand maintain a transparent and effective system which monitors whetheror not education is, in fact, directed to the educational objectivesset out in article 13 (1).

50. In relation to article 13 (2), States have obligations torespect, protect and fulfil each of the "essential features"(availability, accessibility, acceptability, adaptability) of the rightto education. By way of illustration, a State must respect theavailability of education by not closing private schools; protect theaccessibility of education by ensuring that third parties, includingparents and employers, do not stop girls from going to school; fulfil(facilitate) the acceptability of education by taking positive measuresto ensure that education is culturally appropriate for minorities andindigenous peoples, and of good quality for all; fulfil (provide) theadaptability of education by designing and providing resources forcurricula which reflect the contemporary needs of students in achanging world; and fulfil (provide) the availability of education byactively developing a system of schools, including building classrooms,delivering programmes, providing teaching materials, training teachersand paying them domestically competitive salaries.

51. As already observed, the obligations of States parties inrelation to primary, secondary, higher and fundamental education arenot identical. Given the wording of article 13 (2), States parties areobliged to prioritize the introduction of compulsory, free primaryeducation. 25/ This interpretation of article 13 (2) is reinforced bythe priority accorded to primary education in article 14. Theobligation to provide primary education for all is an immediate duty ofall States parties.

52. In relation to article 13 (2) (b)-(d), a State party has animmediate obligation "to take steps" (art. 2 (1)) towards therealization of secondary, higher and fundamental education for allthose within its jurisdiction. At a minimum, the State party isrequired to adopt and implement a national educational strategy whichincludes the provision of secondary, higher and fundamental educationin accordance with the Covenant. This strategy should includemechanisms, such as indicators and benchmarks on the right toeducation, by which progress can be closely monitored.

53. Under article 13 (2) (e), States parties are obliged to ensurethat an educational fellowship system is in place to assistdisadvantaged groups. 26/ The obligation to pursue actively the"development of a system of schools at all levels" reinforces theprincipal responsibility of States parties to ensure the directprovision of the right to education in most circumstances. 27/

54. States parties are obliged to establish "minimum educationalstandards" to which all educational institutions established inaccordance with article 13 (3) and (4) are required to conform. Theymust also maintain a transparent and effective system to monitor suchstandards. A State party has no obligation to fund institutionsestablished in accordance with article 13 (3) and (4); however, if aState elects to make a financial contribution to private educationalinstitutions, it must do so without discrimination on any of theprohibited grounds.

55. States parties have an obligation to ensure that communities andfamilies are not dependent on child labour. The Committee especiallyaffirms the importance of education in eliminating child labour and theobligations set out in article 7 (2) of the Worst Forms of Child LabourConvention, 1999 (Convention No. 182). 28/ Additionally, given article2 (2), States parties are obliged to remove gender and otherstereotyping which impedes the educational access of girls, women andother disadvantaged groups.

56. In its General Comment 3, the Committee drew attention to theobligation of all States parties to take steps, "individually andthrough international assistance and cooperation, especially economicand technical", towards the full realization of the rights recognizedin the Covenant, such as the right to education. 29/ Articles 2 (1) and23 of the Covenant, Article 56 of the Charter of the United Nations,article 10 of the World Declaration on Education for All, and Part I,paragraph 34 of the Vienna Declaration and Programme of Action allreinforce the obligation of States parties in relation to the provisionof international assistance and cooperation for the full realization ofthe right to education. In relation to the negotiation and ratificationof international agreements, States parties should take steps to ensurethat these instruments do not adversely impact upon the right toeducation. Similarly, States parties have an obligation to ensure thattheir actions as members of international organizations, includinginternational financial institutions, take due account of the right toeducation.

57. In its General Comment 3, the Committee confirmed that Statesparties have "a minimum core obligation to ensure the satisfaction of,at the very least, minimum essential levels" of each of the rightsenunciated in the Covenant, including "the most basic forms ofeducation". In the context of article 13, this core includes anobligation: to ensure the right of access to public educationalinstitutions and programmes on a non-discriminatory basis; to ensurethat education conforms to the objectives set out in article 13 (1); toprovide primary education for all in accordance with article 13 (2)(a); to adopt and implement a national educational strategy whichincludes provision for secondary, higher and fundamental education; andto ensure free choice of education without interference from the Stateor third parties, subject to conformity with "minimum educationalstandards" (art. 13 (3) and (4)).

Violations

58. When the normative content of article 13 (Part I) is applied tothe general and specific obligations of States parties (Part II), adynamic process is set in motion which facilitates identification ofviolations of the right to education. Violations of article 13 mayoccur through the direct action of States parties (acts of commission)or through their failure to take steps required by the Covenant (actsof omission).

59. By way of illustration, violations of article 13 include: theintroduction or failure to repeal legislation which discriminatesagainst individuals or groups, on any of the prohibited grounds, in thefield of education; the failure to take measures which address de factoeducational discrimination; the use of curricula inconsistent with theeducational objectives set out in article 13 (1); the failure tomaintain a transparent and effective system to monitor conformity witharticle 13 (1); the failure to introduce, as a matter of priority,primary education which is compulsory and available free to all; thefailure to take "deliberate, concrete and targeted" measures towardsthe progressive realization of secondary, higher and fundamentaleducation in accordance with article 13 (2) (b)-(d); the prohibition ofprivate educational institutions; the failure to ensure privateeducational institutions conform to the "minimum educational standards"required by article 13 (3) and (4); the denial of academic freedom ofstaff and students; the closure of educational institutions in times ofpolitical tension in non-conformity with article 4.

III. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES

60. Given article 22 of the Covenant, the role of the United Nationsagencies, including at the country level through the United NationsDevelopment Assistance Framework (UNDAF), is of special importance inrelation to the realization of article 13. Coordinated efforts for therealization of the right to education should be maintained to improvecoherence and interaction among all the actors concerned, including thevarious components of civil society. UNESCO, the United Nations Development Programme, UNICEF, ILO, theWorld Bank, the regional development banks, the International MonetaryFund and other relevant bodies within the United Nations system shouldenhance their cooperation for the implementation of the right toeducation at the national level, with due respect to their specificmandates, and building on their respective expertise. In particular,the international financial institutions, notably the World Bank and IMF, shouldpay greater attention to the protection of the right to education intheir lending policies, credit agreements, structural adjustmentprogrammes and measures taken in response to the debt crisis. 30/ Whenexamining the reports of States parties, the Committee will considerthe effects of the assistance provided by all actors other than Statesparties on the ability of States to meet their obligations underarticle 13. The adoption of a human rights-based approach by UnitedNations specialized agencies, programmes and bodies will greatlyfacilitate implementation of the right to education.

PLANS OF ACTION FOR PRIMARY EDUCATION (ARTICLE 14)

SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Twentieth session, Geneva, 26 April-14 May 1999
E/C.12/1999/4, CESCR

1. Article 14 of the International Covenant on Economic, Social andCultural Rights requires each State party which has not been able tosecure compulsory primary education, free of charge, to undertake,within two years, to work out and adopt a detailed plan of action forthe progressive implementation, within a reasonable number of years, tobe fixed in the plan, of the principle of compulsory primary educationfree of charge for all. In spite of the obligations undertaken inaccordance with article 14, a number of States parties have neitherdrafted nor implemented a plan of action for free and compulsoryprimary education.

2. The right to education, recognized in articles 13 and 14 of theCovenant, as well as in a variety of other international treaties, suchas the Convention on the Rights of the Child and the Convention on theElimination of All Forms of Discrimination against Women, is of vitalimportance. It has been variously classified as an economic right, asocial right and a cultural right. It is all of these. It is also, inmany ways, a civil right and a political right, since it is central tothe full and effective realization of those rights as well. In thisrespect, the right to education epitomizes the indivisibility andinterdependence of all human rights.

3. In line with its clear and unequivocal obligation under article14, every State party is under a duty to present to the Committee aplan of action drawn up along the lines specified in paragraph 8 below.This obligation needs to be scrupulously observed in view of the factthat in developing countries, 130 million children of school age arecurrently estimated to be without access to primary education, of whomabout two thirds are girls. 1/ The Committee is fully aware that manydiverse factors have made it difficult for States parties to fulfiltheir obligation to provide a plan of action. For example, thestructural adjustment programmes that began in the 1970s, the debtcrises that followed in the 1980s and the financial crises of the late1990s, as well as other factors, have greatly exacerbated the extent towhich the right to primary education is being denied. Thesedifficulties, however, cannot relieve States parties of theirobligation to adopt and submit a plan of action to the Committee, asprovided for in article 14 of the Covenant.

4. Plans of action prepared by States parties to the Covenant inaccordance with article 14 are especially important as the work of theCommittee has shown that the lack of educational opportunities forchildren often reinforces their subjection to various other humanrights violations. For instance these children, who may live in abjectpoverty and not lead healthy lives, are particularly vulnerable toforced labour and other forms of exploitation. Moreover, there is adirect correlation between, for example, primary school enrolmentlevels for girls and major reductions in child marriages.

5. Article 14 contains a number of elements which warrant someelaboration in the light of the Committee's extensive experience inexamining State party reports.

6. Compulsory. The element of compulsion serves to highlight thefact that neither parents, nor guardians, nor the State are entitled totreat as optional the decision as to whether the child should haveaccess to primary education. Similarly, the prohibition of genderdiscrimination in access to education, required also by articles 2 and3 of the Covenant, is further underlined by this requirement. It shouldbe emphasized, however, that the education offered must be adequate inquality, relevant to the child and must promote the realization of thechild's other rights.

7. Free of charge. The nature of this requirement is unequivocal.The right is expressly formulated so as to ensure the availability ofprimary education without charge to the child, parents or guardians.Fees imposed by the Government, the local authorities or the school,and other direct costs, constitute disincentives to the enjoyment ofthe right and may jeopardize its realization. They are also oftenhighly regressive in effect. Their elimination is a matter which mustbe addressed by the required plan of action. Indirect costs, such ascompulsory levies on parents (sometimes portrayed as being voluntary,when in fact they are not), or the obligation to wear a relativelyexpensive school uniform, can also fall into the same category. Otherindirect costs may be permissible, subject to the Committee'sexamination on a case-by-case basis. This provision of compulsoryprimary education in no way conflicts with the right recognized inarticle 13.3 of the Covenant for parents and guardians "to choose fortheir children schools other than those established by the publicauthorities".

8. Adoption of a detailed plan. The State party is required to adopta plan of action within two years. This must be interpreted as meaningwithin two years of the Covenant's entry into force of the Stateconcerned, or within two years of a subsequent change in circumstanceswhich has led to the non-observance of the relevant obligation. Thisobligation is a continuing one and States parties to which theprovision is relevant by virtue of the prevailing situation are notabsolved from the obligation as a result of their past failure to actwithin the two-year limit. The plan must cover all of the actions whichare necessary in order to secure each of the requisite component partsof the right and must be sufficiently detailed so as to ensure thecomprehensive realization of the right. Participation of all sectionsof civil society in the drawing up of the plan is vital and some meansof periodically reviewing progress and ensuring accountability areessential. Without those elements, the significance of the articlewould be undermined.

9. Obligations. A State party cannot escape the unequivocalobligation to adopt a plan of action on the grounds that the necessaryresources are not available. If the obligation could be avoided in thisway, there would be no justification for the unique requirementcontained in article 14 which applies, almost by definition, tosituations characterized by inadequate financial resources. By the sametoken, and for the same reason, the reference to "internationalassistance and cooperation" in article 2.1 and to "internationalaction" in article 23 of the Covenant are of particular relevance inthis situation. Where a State party is clearly lacking in the financialresources and/or expertise required to "work out and adopt" a detailedplan, the international community has a clear obligation to assist.

10. Progressive implementation. The plan of action must be aimed atsecuring the progressive implementation of the right to compulsoryprimary education, free of charge, under article 14. Unlike theprovision in article 2.1, however, article 14 specifies that the targetdate must be "within a reasonable number of years" and moreover, thatthe time-frame must "be fixed in the plan". In other words, the planmust specifically set out a series of targeted implementation dates foreach stage of the progressive implementation of the plan. Thisunderscores both the importance and the relative inflexibility of theobligation in question. Moreover, it needs to be stressed in thisregard that the State party's other obligations, such asnon-discrimination, are required to be implemented fully andimmediately.

11. The Committee calls upon every State party to which article 14is relevant to ensure that its terms are fully complied with and thatthe resulting plan of action is submitted to the Committee as anintegral part of the reports required under the Covenant. Further, inappropriate cases, the Committee encourages States parties to seek theassistance of relevant international agencies, including theInternational Labour Organization (ILO), the United Nations DevelopmentProgramme (UNDP), the United Nations Educational, Scientific andCultural Organization (UNESCO), the United Nations Children's Fund(UNICEF), the International Monetary Fund (IMF) and the World Bank, inrelation both to the preparation of plans of action under article 14and their subsequent implementation. The Committee also calls upon therelevant international agencies to assist States parties to thegreatest extent possible to meet their obligations on an urgent basis.

Notes
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* Contained in document E/C.12/1999/4.

ORGANIZATIONS WORKING ON THE RIGHT TO EDUCATION

Access Network
A national initiative that seeks to strengthen the links between schoolfinance litigation, public engagement, and the standards-based reformmovement

CESR incorporatesthe right to education into every field report it undertakes, fromhuman rights assessments in Afghanistan to the botched "reconstruction"of schools in Iraq under U.S. occupation. As a U.S.-based organization, CESR has also focused considerable efforts on promoting education as a human right in the United States.

In the United States, education is governed locally. In 1973, the U.S. Supreme Court decided there is no federal right of education in School District v. Rodriguez (411 U.S.1, 90, 1973). However, all fifty states include some provision in theirconstitution on the right to education, and litigation is currentlyunderway in numerous states to improve education quality. See Access Network for the current status of litigation in all fifty states.

CESR has focused its efforts on improvingeducational standards in the New York City public schools. We add ahuman rights perspective to educational issues being discussed at thelocal and national level. The Right to Education Project emphasizes theneed to strengthen parent and community participation in the managementand oversight of the school system in order to strengthen governmentaccountability for providing a quality education.

As part of this effort, CESR published four
fact sheets [all in pdf format]:

• The Right to Education in New York City
• The Role of an Ombudsperson for Education
• The Right to Participation
• The Right to a Remedy

LEGAL INSTRUMENTS

Universal Declaration of Human Rights
Article 26: ???Everyone has the right to education. Education shall befree, at least in the elementary and fundamental stages. Elementaryeducation shall be compulsory. Technical and professional educationshall be made generally available and higher education shall be equallyaccessible to all on the basis of merit...???

What is the Right to Education? The right to education is twofold: it requires free and compulsory primary level education, and it requires that there is equal access to every levelof education. A basic education is a right inherent to being human, andthus constitutes an end in itself. However, education is also a meansto an end: it is required to ensure all people can participateeffectively in a free society, and to promote understanding, toleranceand friendship among all nations and groups. CESR Work on the Right to Education International Instruments on the Right to Education Resources and links on the Right to Education

What does the right to education include?
There are several components to the right to education:

Available: There must be adequateschool facilities and buildings. Schools must be healthy and safephysical environments with access to potable water.

Accessible: Education must available to all andfree from discrimination. Schools must be in physical proximity tostudents, and education must be affordable for all students.

Acceptable: Schools must have trained teachersreceiving domestically competitive salaries and good quality teachingmaterials that respect cultural differences. Discipline must respect achild???s dignity.

Adaptable: Schools must adapt or change to meet theneeds of children from different communities, children who do not speakEnglish in their homes, and children with disabilities.

All four of these areas are important to ensuring the right toeducation. However, international law recognizes that some countriesmay not have the resources to fully implement the right immediately.For those countries, there are two rules: first, consistently work toimprove the right, and second, always provide at least the minimum core content.The minimum core content includes (1) the right of access to publicinstitutions without discrimination, and (2) free choice of educationwithout inteference by the state or a third party.

Finally, as with every human right, all countries have the followingobligations when it comes to implementing the right to education:

• Respect ??? the obligation to respect requires governmentsto refrain from interfering directly or indirectly with the enjoymentof the right to education.

Safetyin schools is a fundamental human rights issue and is related tochildren???s rights to education, health, security and dignity. Childrenhave the right to a school environment that is safe, healthy and thatenables children to learn.