Right to education
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The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. In 2021, 171 states were parties to the Covenant.[1]
In 2019, an estimated 260 million children worldwide did not have access to school education, and social inequality was a major cause.[2]
The Human Rights Measurement Initiative[3] measures the right to education for countries around the world, based on their level of income.[4]
International legal basis
The right to education is reflected in article 26 of the Universal Declaration of Human Rights, which states:
"Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. Parents have a prior right to choose the kind of education that shall be given to their children."[5]
The right to education has been reaffirmed in the 1960 UNESCO
In Africa, both the 1981 the African Charter on Human and Peoples' Rights[12] and the 1990 African Charter on the Rights and Welfare of the Child recognize the right to education.[13]
In [Europe], Article 2 of the first Protocol of 20 March 1952 to the
According to Indian constitution under 86th Amendment act 2002, There is right to free and compulsory education up to 6–14 years of age.
It has been argued that "International law provides no effective protection of the right to pre-primary education."
In 2022, Human Rights Watch adopted a policy calling on states to make at least one year of free and compulsory, inclusive, quality pre-primary education available and accessible for all children.[19] In doing so they advocated making one year of pre-primary education to be included as part of the minimum core of the right to education.[19] They further called on all states to adopt a detailed plan of action for the progressive implementation of further years of pre-primary education, within a reasonable number of years to be fixed in the plan.[19]
Definition
Education is the access to formal institutional instructions. Generally, international instruments use the term in this sense and the right to education, as protected by international human rights instruments, refers primarily to education in a narrow sense. The 1960 UNESCO Convention against Discrimination in Education defines education in Article 1(2) as: "all types and levels of education, (including such) access to education, the standard and quality of education, and the conditions under which it is given."[20]
In a wider sense education may describe "all activities by which a human group transmits to its descendants a body of knowledge and skills and a moral code which enable the group to subsist".[20] In this sense education refers to the transmission to a subsequent generation of those skills needed to perform tasks of daily living, and further passing on the social, cultural, spiritual and philosophical values of the particular community. The wider meaning of education has been recognised in Article 1(a) of UNESCO's 1974 Recommendation concerning Education for International Understanding, Co-operation and Peace and Education relating to Human Rights and Fundamental Freedoms.[21]
"the entire process of social life by means of which individuals and social groups learn to develop consciously within, and for the benefit of, the national and international communities, the whole of their personal capabilities, attitudes, aptitudes and knowledge."[20]
The European Court of Human Rights has defined education in a narrow sense as "teaching or instructions... in particular to the transmission of knowledge and to intellectual development" and in a wider sense as "the whole process whereby, in any society, adults endeavour to transmit their beliefs, culture and other values to the young."[20]
Assessment of fulfilment
The 4As framework proposes that governments, as the prime duty-bearers, have to respect, protect and fulfil the right to education by making education available, accessible, acceptable and adaptable. The framework also places duties on other stakeholders in the education process: the child, which as the privileged subject of the right to education has the duty to comply with compulsory education requirements, the parents as the ‘first educators’, and professional educators, namely teachers.[22]
The 4As have been further elaborated as follows:[23]
- Availability – funded by governments, education is universal, free and compulsory. There should be proper infrastructure and facilities in place with adequate books and materials for students. Buildings should meet both safety and sanitation standards, such as having clean drinking water. Active recruitment, proper training and appropriate retention methods should ensure that enough qualified staff is available at each school.[24]
- Accessibility – all children should have equal access to school services, regardless of gender, race, religion, ethnicity or socio-economic status. Efforts should be made to ensure the inclusion of marginalized groups including children of refugees, the homeless or those with disabilities; in short there should be universal access to education i.e. access to all. Children who fall into[25] poverty should be granted the access of education because it enhances the growth of their mental and social state. There should be no forms of segregation or denial of access to any students. This includes ensuring that proper laws are in place against any child labour or exploitation to prevent children from obtaining primary or secondary education. Schools must be within a reasonable distance for children within the community, otherwise transportation should be provided to students, particularly those that might live in rural areas, to ensure ways to school are safe and convenient. Education should be affordable to all, with textbooks, supplies and uniforms provided to students at no additional costs.[26]
- Acceptability – the quality of education provided should be free of discrimination, relevant and culturally appropriate for all students. Students should not be expected to conform to any specific religious or ideological views. Methods of teaching should be objective and unbiased and material available should reflect a wide array of ideas and beliefs. Health and safety should be emphasized within schools including the elimination of any forms of corporal punishment. Professionalism of staff and teachers should be maintained.[27]
- Adaptability – educational programs should be flexible and able to adjust according to societal changes and the needs of the community. Observance of religious or cultural holidays should be respected by schools in order to accommodate students, along with providing adequate care to those students with disabilities.[28]
A number of international NGOs and charities work to realise the right to education using a rights-based approach to development.[29]
Historical development
In Europe, before the
However, neither the
In
The nineteenth century also saw the development of
The role of education for individuals, the society and the state
Education in all its forms (
Education is also transformative for the state and society. As one of the most important mechanisms by which social groups, in particular
The main role of education within a society and the state is to:[35]
- Allow for the transmission of culture, values, identity, languages, and customs from one generation to the next;
- Promote sustainable economic growth;
- Foster democratic and peaceful societies;
- Encourage participation and inclusion in decision-making processes;
- Encourage a rich cultural life;
- Help build a national identity;
- Promote social justice;
- Overcome persistent and entrenched challenges;
- Encourage sustainable development, including respect for the environment.[35]
Implementation
International law does not protect the right to pre-primary education and international documents generally omit references to education at this level.[36] The Universal Declaration of Human Rights states that everyone has the right to education, hence the right applies to all individuals, although children are considered as the main beneficiaries.[37]
The rights to education are separated into three levels:
- Primary (Elemental or Fundamental) Education. This shall be compulsory and free for any child regardless of their nationality, gender, place of birth, or any other discrimination. Upon ratifying the International Covenant on Economic, Social and Cultural Rights States must provide free primary education within two years.
- Secondary (or Elementary, Technical and Professional in the UDHR) Education must be generally available and accessible.
- At the University Level, Education should be provided according to capacity. That is, anyone who meets the necessary education standards should be able to go to university.
Both secondary and higher education shall be made accessible "by every appropriate means, and in particular by the progressive introduction of free education".[38]
Compulsory education
The realization of the right to education on a national level may be achieved through compulsory education, or more specifically free compulsory primary education, as stated in both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights.[6][39]
Right to education for children
The rights of all children from early childhood stem from the 1948 Universal Declaration of Human Rights. The declaration proclaimed in article 1: ‘All human beings are born free and equal in dignity and rights’. The declaration states that human rights begin at birth and that
The World Declaration on
There are various NGO's working towards the right to education. EClickKart is one of such platforms initiated by Rohit N Shetty[41] which states that Education is the basic right and EClickKart is working towards it.[42]
The impact of privatization on the right to education
The privatization of education can have negative effects resulting from insufficient or inadequate monitoring and regulation by the public authorities (schools without licences, hiring of untrained teachers and absence of quality assurance), with potential risks for social cohesion and solidarity. Of particular concern: "Marginalised groups fail to enjoy the bulk of positive impacts and also bear the disproportionate burden of the negative impacts of privatisation."[43] Furthermore, uncontrolled fees demanded by private providers could undermine universal access to education. More generally, this could have a negative impact on the enjoyment of the right to a good quality education and on the realization of equal educational opportunities. However, it can have a positive impact for some social groups, in the form of increased availability of learning opportunities, greater parental choice and a wider range of curricula.[44]
Supplemental private tutoring, or ‘shadow education’, which represents one specific dimension of the privatization of education, is growing worldwide.
Social inequality
In the year 2019, an estimated 260 million children did not have access to school education on a global scale.[48]
Female education
In the 21st century, gender inequality is still an obstacle to universal access to education.[49][50] Conservative attitudes towards the female gender role challenge women's and girls' ability to fully exercise their right to education.[51]
Out of 750 million illiterate adults in the world, two-thirds are estimated to be women. This is due to gender inequality, misogynistic violence, as well as, marriage and pregnancy, often associated with poverty and geographic isolation.[51] In the second decade of 21st century, the advocacy for women's right to access education became a global movement through the activism of
COVID-19
The COVID-19 pandemic affected over 90% of the world's students and was responsible for the rise of social inequality in the access to education. The global recession immediate to the pandemic projected drastic consequences on education funding, causing long-lasting effects on the equal right to education.[54][55][56] Globally, during the pandemic, markers of gender, class, and ethnicity presented themselves as factors of vulnerability in the access to basic rights such as education and health.[57][58]
In despite of
See also
- Academic freedom
- Economic, social and cultural rights
- Education
- Educational equity
- Educational technology
- Female education
- Free education
- Freedom of education
- History of childhood care and education
- Lifelong learning
- Literacy
- Open educational resources
- Pedagogy
- Scholarship
- Universal access to education
- World Education Forum
Lawsuits
- Mohini Jain v. State of Karnataka (1992 AIR 1858) or (AIR 1992 SC 2100), in India.
References
- ^ United Nations Treaty Collections (2021). "International Covenant on Economic, Social and Cultural Rights".
- ^ Staufer, Brian (2020). With Millions Out of School, the Countdown Begins to Get All Children into Quality, Accessible Education. Humans Right Watch.
- ^ "Human Rights Measurement Initiative – The first global initiative to track the human rights performance of countries". humanrightsmeasurement.org. Retrieved 9 March 2022.
- ^ "Right to education - HRMI Rights Tracker". rightstracker.org. Retrieved 9 March 2022.
- ^ "Article 26". claiminghumanrights.org. Retrieved 5 October 2016.
- ^ a b "Article 26, Universal Declaration of Human Rights".
- ^ "Article 13, International Covenant on Economic, Social and Cultural Rights". Archived from the original on 3 March 2012.
- ^ "Article 14, International Covenant on Economic, Social and Cultural Rights". Archived from the original on 3 March 2012.
- ^ a b A Human Rights-Based Approach to Education for All (PDF). UNESCO/UNICEF. 2007. p. 7.
- ^ "Convention on the Rights of the Child". OHCHR.
- ^ Convention on the Rights of Persons with Disabilities, Article 24
- ^ "African Charter on Human and Peoples' Rights / Legal Instruments". achpr.org. Retrieved 12 January 2016.
- ^ "African Charter on the Rights and Welfare of the Child | African Union". au.int. Retrieved 23 April 2021.
- ^ European Social Charter, Article 10
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- ^ "Convention on the Elimination of All Forms of Discrimination against Women" (PDF). Retrieved 27 August 2023.
- ^ "International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families". OHCHR.
- ^ "Convention on the Rights of Persons with Disabilities – Articles | United Nations Enable". www.un.org.
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- ^ a b "Right to education – What is it? Education and the 4 As". Right to Education project. Retrieved 21 February 2009.
- ^ "Right to education – What is it? Primer on the right to education". Right to Education project. Archived from the original on 2 March 2009. Retrieved 21 February 2009.
- ^ "Right to education – What is it? Availability". Right to Education project. Retrieved 11 September 2010.
- ^ "Understanding education as a right". Right to Education Project. Retrieved 6 September 2017.
- ^ "Right to education – What is it? Accessibility". Right to Education project. Retrieved 11 September 2010.
- ^ "Right to education – What is it? Acceptability". Right to Education project. Retrieved 11 September 2010.
- ^ "Right to education – What is it? Adaptability". Right to Education project. Retrieved 11 September 2010.
- ^ "What is HRBAP? | Human Rights-based Approach to Programming | UNICEF". UNICEF. Retrieved 28 September 2016.
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- ^ Refugees, United Nations High Commissioner for. "Refworld | General comment No. 1 (2001), Article 29 (1), The aims of education". Refworld.
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- ^ "Philanthropist". Rohit N Shetty. Retrieved 31 December 2020.
- ^ "BBC Record London". bbcrecordlondon.com. Retrieved 31 December 2020.
- ^ Right to Education Project (2014). Privatisation of Education: Global Trends of Human Rights Impacts (PDF).
- ^ ISBN 978-92-3-100088-1.
- ^ Confronting the shadow education system. What government policies for what private tutoring?. Paris, UNESCO-WEEPIE. 2009.
- ^ UNESCO (2014). "Teaching and Learning: Achieving quality for all". EFA Global Monitoring Report 2013-2014. Paris, UNESCO.
- ^ )
- ^ Staufer, Brian (2020). With Millions Out of School, the Countdown Begins to Get All Children into Quality, Accessible Education.
- ^ Chaudhry, I. S., & Rahman, S. (2009). The impact of gender inequality in education on rural poverty in Pakistan: an empirical analysis. European Journal of Economics, Finance and Administrative Sciences, 15(1), 174-188.
- ^ Almeida, J. (2000). As lutas femininas por educação, igualdade e cidadania. Revista brasileira de estudos pedagógicos, 81(197).
- ^ a b UNESCO (25 April 2013). "Education and gender equality".
- ^ "Diary of a Pakistani schoolgirl". BBC News. 19 January 2009. Archived from the original on 11 October 2012. Retrieved 1 May 2021.
- ^ Vasconcelos, C. P. (2015). HE NAMED ME MALALA: Malala's Voice, Vision, and Leadership. The International Journal of Servant-Leadership, 11(1), 497-510.
- ^ UNESCO (16 de abril de 2020). A Comissão Futuros da Educação da Unesco apela ao planejamento antecipado contra o aumento das desigualdades após a COVID-19. Consultado em 01 de maio de 2021.
- ^ Chandasiri, O. (2020). The Covid-19: impact on education. Journal of Asian and African Social Science and Humanities, 6(2), 38-42.
- ^ Gomes, C. A., Oliveira, S., Vázquez-Justo, S. E., & Costa-Lobo, C. (2020). A Covid-19 e o Direito à Educação. Revista Internacional de Educación para la Justicia Social, 9(3e). Consultado em 01 de maio de 2021.
- ^ a b Czerepaniak-Walczak, M. (2020). Respect for the right to education in the COVID-19 pandemic time. Towards reimagining education and reimagining ways of respecting the right to education. The New Educational Review, 62(4), 57-66.
- ^ Estrela, Fernanda Matheus et al. Pandemia da Covid 19: refletindo as vulnerabilidades a luz do gênero, raça e classe. Ciência & Saúde Coletiva [online]. v. 25, n. 9.
- ^ Dias, Érika & Pinto, Fátima Cunha Ferreira. (2020). A Educação e a Covid-19. Ensaio: Avaliação e Políticas Públicas em Educação, 28(108), 545-554. Consultado em 01 de maio de 2021.
- ^ Estrela, Fernanda Matheus et al. Pandemia da Covid 19: refletindo as vulnerabilidades a luz do gênero, raça e classe. Ciência & Saúde Coletiva [online]. v. 25, n. 9. Consultado em 01 de maio de 2021.
Sources
- This article incorporates text from a free content work. Licensed under CC BY-SA 3.0 IGO (license statement/permission). Text taken from Rethinking Education: Towards a global common good?, 74-75, UNESCO. UNESCO.
- This article incorporates text from a free content work. Licensed under CC BY-SA 3.0 IGO (license statement/permission). Text taken from Investing against Evidence: The Global State of Early Childhood Care and Education, 38-39, Marope, P.T.M., Kaga, Y., UNESCO. UNESCO.
- This article incorporates text from a free content work. Licensed under CC BY-SA 3.0 IGO. Text taken from Right to education handbook, 277, UNESCO, UNESCO. UNESCO.
External links
- Right for Education in Africa
- Right to Education UNESCO
- UN Special Rapporteur on the right to education
- Refugee Education in an International Perspective, dossier by Education Worldwide, a portal of the German Education
- The Human Right to Education: Definition, Research and Annotated Bibliography Emory International Law Review, Vol. 34, No. 3, 2020.