2. Accessibility: Focus on girls
Access to public schools should be guided by nondiscrimination, the overriding principle of international human
rights law, which applies to civil and political, and economic,
social and cultural rights, as well as to the rights of the child.
Non-discrimination is not subject to progressive realization but
has to be secured immediately and fully. Respect of parental
freedom of choice for the education of their children is also not
subject to progressive realization but should be guaranteed fully
and immediately. Its exercise, however, sometimes clashes
against the elimination of discrimination for the rights of the
child, such as deprivation of education for girls.
Primer No. 6 is devoted to discrimination, including in access
to education, hence this one is confined to brief outline of access to
education for girls. Indeed, the existing quantitative and qualitative
information on the lack of access to education has thus far been
systematically collected only for girls and women. The right to
education has been demonstrated to act as a corrective to the free
market. Governments indeed have human rights obligations because
primary education should not be treated as a commodity. There has
been a growing acceptance of the necessity for governmental
intervention concerning access to primary education for girls. Many
economists refer to the rationale for such intervention as a market
failure. In its simplest version, it can be described as the
unwillingness of parents to send their daughters to school because
there is no economic rationale to invest in their daughters’
education. A demand for girls’ education thus has to be created by
providing incentives to parents. Such initiatives showed that
conflicting expectations upon girls may deprive them of access to
education. If they are required to perform household labour, the
school schedule has to be adapted to the seasonal and daily rhythm
of subsistence food production or family life. Since poor families
depend on the work of each member of the family for their survival,
combining school and work often proves necessary so as to make
school really accessible for girls.
An interplay between non-availability of schools and
parental choices often impedes girls’ access to education. There
is a great deal of research targeting parental choices, but a
paucity of information about the availability of schools for
girls. Available schools may be open only to boys – by law or
in fact – while the existing educational statistics do not make
this difference visible. It is impossible to determine whether
the available schools have a sufficient intake capacity to enrol
and retain all primary age school girls or not. Table 5 shows
that gender imbalance prejudices girls, although there are
countries in which the girls outnumber the boys. Primary
schools in the Caribbean or Eastern Europe have difficulties in
attracting and retaining boys, one reason being that the vast
majority of teachers are female.
Right to Education Primers No. 3
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