The Right to Education

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Lisbon 7-8 September 2007 Kishore Singh First
roundtable Fundamental rights in relation to
educational effectiveness and social inclusion.
Rights-based approaches to educational policies.
The Right to Education
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Right to Education - Basic Entitlements

• Education as a human right
• Right to education as an overarching right
• Indispensable for the exercise of all other human
  rights

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Right to Education and Human Rights Education
difference and correlation

• Right to Education
• Universal access to quality education
  normative process, based upon international legal
  obligations
• Human Rights Education
• Content/ Education Prgrammes on human rights
  democratic citizenship
• Human rights education
• is part of the Right to Education of good
  quality and
• contributes to promoting the right to education

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State Obligations

• For each of the essential features, States are
  obliged to
• Respect
• Protect
• Fulfil

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Realizing the Right to Education for All
Political Commitments by Governments (EFA Goals,
MDGs, etc)
Legal Obligations for States (International
normative instruments)
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Key provisions of international instruments

• The Universal Declaration of Human Rights, 1948
  (Article 26)
• UNESCOs Convention against Discrimination in
  Education, 1960
• International Convention on the Elimination of
  All Forms of Racial Discrimination, 1965 (Article
  57)
• International Covenant on Economic, Social and
  Cultural Rights, 1966 (Articles 13 14)
• Convention on the Elimination of All Forms of
  Discrimination against Women, 1979 (Article 10)
• Convention on the Rights of the Child, 1989
  (Articles 28-30)
• International Convention on the Protection of the
  Rights of All Migrant Workers and Members of
  their Families, 1990 (Article 30 45)
• Convention on the Rights of Persons with
  Disabilities, 2006 (Article 24)

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Legal and Policy Framework for Financing
Education

• Investment in Education
• Allocating certain percentage of GNP/National
  budget to Education
• Resource mobilization domestic and external
  funds
• Providing bursaries financial support to the
  poor to disadvantaged

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UNESCOs Mission
The right to education is inherent in UNESCOs
Constitutional mandate
believing in full and equal opportunities for
education for all, . to advance the
ideal of equality of educational opportunity
without regard to race, sex or any
distinctions, economic or social
Constitution (Article 1. 1.) (.) respect for
justice, for the rule of law and for the human
rights and fundamental Freedoms
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Principle of Equality of Educational
opportunities

• UNESCOs Convention against Discrimination in
  Education, 1960 (CADE)
• To respect to liberty of parents to choose for
  their children institutions other than public but
  conforming to minimum educational standards
• To ensure religious and moral education of the
  children in conformity with their convictions

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Various Dimensions of the Right to Education
covered by UNESCO Recommendations

• Recommendation against Discrimination in
  Education, 1960
• Recommendation concerning the Status of Teachers,
  1966
• Recommendation concerning Education for
  International Understanding, Co-operation and
  Peace and Education relating to Human Rights and
  Fundamental Freedoms, 1974
• Recommendation on the Development of Adult
  Education, 1976
• Recommendation on the Recognition of Studies and
  Qualifications in Higher Education, 1993
• Recommendation concerning the Status of
  Higher-Education Teaching Personnel, 1997
• Revised Recommendation concerning Technical and
  Vocational Education, 2001

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UNESCOs priority - Achieving the Right to Basic
Education for All (EFA)

• The Dakar Framework for Action
• adopted at the World Education Forum, Dakar,
  Senegal (2000)
• Education is a fundamental human right. (para. 6)
• We will strengthen accountable international and
  regional mechanisms to give clear expression to
  these commitments and to ensure that the Dakar
  Framework for Action is on the agenda of every
  international and regional organization, every
  national legislature and every local
  decision-making forum(para. 13)
• ensuring that by 2015 all children, particularly
  girls, children in difficult circumstances and
  those belonging to ethnic minorities, have access
  to and complete free and compulsory primary
  education of good quality (para. 7)

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UNESCOs Principal Role and Responsibility in the
UN System

• Cooperation with and participation in UN Treaty
  Bodies, notably the CESCR, CRC, CEDAW, as well as
  the Human Rights Council and the Special
  Rapporteur on the Right to Education
• The Joint Expert Group UNESCO (CR)/ECOSOC (CESCR)
  on the Monitoring of the Right to Education
• Follow up to the Concluding Observations adopted
  by CESCR relating to Right to Education and
  UNESCOs Role
• Elucidation of the Nature and Scope of the Right
  to Education General Comment 13 on Article 13
  of the International Covenant (Right to
  Education)

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UNESCOs Normative Action Application of
Principles and Norms

• Reporting on the implementation of the
  Conventions and Recommendations Institutional
  Obligation of Member States based on UNESCOs
  Constitution (Article VIII)
• Monitoring the implementation of the Conventions
  and Recommendations in the field of Education
  Mandate of the Committee on Conventions and
  Recommendations (CR) a subsidiary organ of
  UNESCOs Executive Board
• Monitoring of the Implementation of the
  Convention against Discrimination in Education
  Periodic Consultation of Member States
• 7th Consultation of Member States (2001-2005)
  the preparation of State Reports in line with the
  Guidelines approved by UNESCOs Executive Boards
• Follow-up to the decisions taken by UNESCOs
  Governing Bodies
• Monitoring the implementation of UNESCOs
  Recommendations in Member States (Dec. 175 EX/28)

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UNESCOs Normative Action Promotion and
implementation at the Country Level

• Ensuring incorporation of the State Obligations
  into National Legal Systems
• Analysis of the Constitutional Provisions on the
  Right to Education and Obligation of Governments
• Technical Assistance to Member States in
  modernizing/developing National Legislation in
  the field of Edcuation

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UNESCOs role in advocacy of the Right to
Education

• Awareness-raising, networking and partnerships
• Increasing the understanding of Member States
  concerning
• their obligations under UNESCOs Conventions
  
• Recommendations in the field of Education and
  the
• application of the legal instruments
• Stimulating public debates through collaboration
  with
• professional bodies, intellectual bodies
  partners
• Facilitating the international exchange of
  national
• experiences and practices, advocacy,
  information
• dissemination of reference material

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Major obstacles/challenges

• Universalizing access to primary education and
  ensuring primary education free of cost as an
  inalienable right
• Maintaining quality and educational standards in
  public and private education establishments
• Promoting teachers status and their social
  standing
• Ensuring equality of educational opportunities
  for all
• Preserving education as a public good

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Challenge 1. Universalizing Access to Primary
education and Ensuring Primary Education free of
cost as an inalienable right

• Upholding the core obligation of States under
  international instruments for providing universal
  free education, based upon the provisions of the
  Convention against Discrimination in Education
  To make primary education free and compulsory
  (article 4 para a) and other Conventions and
  Recommendations
• Putting an end to the process of regression of
  the right to free universal primary education

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Challenge 2. Maintaining Quality and Educational
Standards in Public and Private Education
Establishments

• Basic learning needs and life skills
• Learning outcomes and educational standards

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Challenge 3. Promoting Teachers Status and their
social standing

• Professionalism in teaching profession
• Ensuring qualified teachers both in public and
  private schools
• Providing in-service training
• Promoting academic freedom

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Challenge 4. Ensuring Equality of Educational
Opportunities for All

• Eliminating disparities in education
• Positive measures and affirmative action
• Regional and rural/urban disparities and need for
  equitable approach

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Challenge 5. Preserving Education as a Public
Good

• UNESCO will further seek to engage Member
  States and new educational providers in a
  dialogue highlighting education as a public good
  and encourage all actors in the field of
  education to pay due regard in their undertakings
  to the need for equity, inclusion and social
  cohesion in todays societies. (31C/4, Para 62)

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• Thank you for your attention !