Governmental obligation to secure school attendance for all
children within the compulsory-age bracket (usually 6–15) has
also been litigated as have controversial school voucher schemes, which strive to reduce governmental obligations to
providing some financial support to parents in their choice of
schooling for their children. This would leave parent-less
children without any choice, children of poor parents with
very little choice, and reinforce selling education according to
the purchasing power of buyers. Governmental obligations
have often been judicially tested regarding education for
children with disabilities, indigenous or minority children, or
children deprived of their liberty, and the courts have affirmed
that governments have to ensure access to education for all
children. Although resource allocation is litigated the least
being widely perceived as an inherently political decision,
intrusions into decisions on allocations of public funding have
been necessitated by the right to education (for example,
governmental obligations to provide transport to school or
textbooks free of charge) and rights in education (for example,
assistance to learners to overcome linguistic obstacles or
learning disabilities).
Moreover, the importance of the right to education
reaches far beyond education itself. Many individual rights are
beyond the grasp of those who have been deprived of
education, especially rights associated with employment and
social security. Education operates as a multiplier, enhancing
the enjoyment of all individual rights and freedoms where the
right to education is effectively guaranteed, while depriving
people of the enjoyment of many rights and freedoms where
the right to education is denied or violated.
10
Right to Education Primers No. 3
This publication has been inspired by the need to
overcome the mixture of confusion and contention which
hampers delineating the right to education as civil, cultural,
economic, political and social right. It summarizes
governmental obligations corresponding to the right to
education in its entirety. While education as a civil and
political right has engendered a great deal of domestic and
international jurisprudence and its contours are fairly well
defined, progress in the vast and heterogeneous category of
economic, social and cultural rights cannot be fast and easy
because this category was itself a cold-war construct.
Consequently, it suffered from distortions which plagued
human rights during the Cold War. The notion of
economic, social and cultural rights required a
reconceptualization after the Cold War had ended, but it
was marginalized instead to escape neglect only at the turn
of the millennium.
Although the Cold War is over, confusion continues as
do attempts to empty economic and social rights of their core
substance. These posit, explicitly or implicitly, that
economic, social and cultural rights are not justiciable which,
were it true, would mean that they are not rights. Such
confusion feeds on two features of international human rights
law:
•
Firstly, international human rights law is not directly
applicable in most countries. International human rights
standards are, in most countries, transposed into domestic
law, and then interpreted and applied. It is thus crucially
imports to extract from this rich and diverse material