The right to education is possibly
the most widely recognised economic and social right.
It's referred to by seven out of the nine
core UN rights treaties
and has been protected under
all of the regional human rights systems
in one form or another.
The right to education has historically enjoyed
a very high level of acceptance as a right -
even in countries which have generally
been reluctant to recognise
other economic and social rights.
But what do we mean by an 'education'?
The right to education isn't just
a right to any old education -
Article 13 of the International Covenant
on Economic, Social, and Cultural Rights
provides that education should be
directed towards 'the full development of human personality
and the sense of its dignity,
and shall strengthen the respect
for human rights and fundamental freedoms'.
Article 29 of the UN Convention on the Rights of the Child
sets out further goals for children's education.
These include development of respect
for human rights and fundamental freedoms,
the natural environment,
the child's parents, and cultural identity,
language and values.
All of this means that an education
that covers literacy and numeracy,
but also results in the perpetuation
of gender stereotypes, disablist or racist views
is not an 'education' for the purposes
of international human rights law.
The right to education consists of
both entitlements and freedoms.
Let's starts with the freedoms or liberties aspect.
The Covenant and the Convention on the Rights of the Child
provide parents and others caring for the child
with the right to choose schools
other than those established by public authorities,
and to ensure the religious and moral education
of their children in conformity with
their parental convictions.
Both treaties also specify that individuals and bodies
have the liberty to establish and direct
educational institutions.
But these liberties aren't unlimited.
They are subject to the requirement
that the education given in such institutions
must conform to the minimum standards
prescribed by the State.
We'll now turn to the entitlements
that the right to education gives rise to.
Like all economic and social rights,
states are obliged to progressively realise
the right to education to the maximum extent
of their available resources.
Articles 13 and 14 of the Covenant
and Article 28 of the Convention on the Rights of the Child
set out specific measures that states must take.
And I want to discuss some of
the more important of these now.
First, everyone has the right to
free compulsory primary education.
However, states are also obliged to ensure that
secondary education in its different forms,
including technical and vocational secondary education,
is made generally available and accessible to everyone
by every appropriate means.
This should be done in particular
through the progressive introduction of free education
and, in the case of children,
the offer of financial assistance in case of need.
Higher education must be made available to all
on the basis of capacity by every appropriate means -
again, particularly by the introduction of free education.
This doesn't require states to make
university or vocational or technical education
free of charge immediately.
But it does set a goal which states should move towards.
Of course, for many people,
education stops much earlier.
And, when it comes to people who haven't received
or completed their full primary education,
the Covenant makes clear that
fundamental or basic education for those people
must be encouraged or intensified as far as possible.
Such basic education is generally understood
to correspond to primary and lower secondary education.
The Committee on the Rights of the Child
has identified a range of factors that
affect children's ability to remain in school.
These include fees and associated costs of education.
For instance, the expense of uniforms or school trips.
Other factors are family poverty,
a lack of adequate social schemes,
and pressure on children to contribute
to family income through work.
The Committee has also flagged
a lack of adequate and safe sanitation facilities for girls -
and of course bullying.
Addressing these issues is necessary
if states are to satisfy their obligation
to encourage regular attendance at schools
and the reduction of dropout rates.
Where a factor has an especially severe impact
on specific groups, for instance,
bullying of LGBTI or minority children,
then a failure to address that factor
will also amount to a failure to prevent
discrimination in the enjoyment of the right of education.
Everyone has the right to available, accessible,
acceptable and adaptable education.
Availability of education requires that
functioning educational institutions and programmes
are available in sufficient quantity.
For education to be accessible,
educational institutions and programmes
have to be accessible to everyone.
They must be in safe physical reach
at a reasonably convenient geographic location
or accessible via modern technology.
To be economically accessible,
education has to be affordable to all.
Acceptable education requires that
the form and substance of education,
including curricula and teaching methods,
are relevant, culturally appropriate,
and of good quality to students
and, in appropriate cases, parents.
Linking back to our earlier discussion,
acceptable education should also meet
the educational objectives set out by the two treaties
and such minimum educational standards
as may be approved by the State.
Finally, education has to be adaptable
in the sense of being flexible enough
to adapt to the needs of changing societies and communities.
And to respond to the needs of students
in their diverse social and cultural settings.
When it comes to school discipline,
the Convention on the Rights of the Child
provides that states must ensure that
discipline is administered in a manner
consistent with the child's dignity.
This doesn't just mean that governments must
prohibit physical punishment in educational contexts -
it requires the banning of
practices like public humiliation.
There is a growing understanding of the role
that children themselves have to play
in contributing to their education -
at the individual, classroom, school,
and national policy levels.
For instance, through school councils
and child-focused consultations.
This reflects the fact that,
under Article 12 of the
Convention on the Rights of the Child,
children have the right to express their views
on decisions relating to their education
and to have those views be given due weight
in accordance with their age and maturity.
This right also applies to disabled children
who must be given opportunities
for supported decision making
in order to facilitate their active participation
in decisions about their education.
Indeed, reflecting the particular challenges
that disabled children face in the education context,
Article 24 of the UN Convention
on the Rights of Persons with Disabilities
makes clear that every disabled person
has a right to inclusive education.
Amongst other things, this obliges states
to ensure an inclusive education system at all levels.
This will require the provision of
accessible learning environments,
individual support, and reasonable accommodation.
I want to finish by mentioning a topic
that is a controversial issue in many countries:
sex education.
Education has a key role to play in terms of children's
sexual and reproductive health rights.
And the Committee on the Rights of the Child
has made clear when discussing the rights of adolescents
that age appropriate, comprehensive,
and inclusive sexual and reproductive health education
must be part of the mandatory school curriculum.
This education must be based on scientific evidence
and human rights standards, and developed with adolescents.
Where children don't receive that education,
states are failing to satisfy the right to education.