Introduction
A well-established adage posits that no right can exist without a
remedy. This truism is sometimes forgotten for economic and
social rights, including the right to education, thereby divorcing
them from their grounding in law and transforming them into a
secular religion. Such experiments are not likely to take root, nor
are they likely to be beneficial for the human rights cause, unless
the core of human rights is preserved and strengthened – rights
entail corresponding obligations and ought to be accompanied
by access to remedy for alleged denials and violations.
The conceptual counterpart of human rights are then
governmental obligations. Governments are individually
obliged to secure human rights for their own population. They
cannot be held legally responsible for violating human rights
in other countries and international development co-operation
is perceived as human-rights promoting, or at worst neutral. It
often facilitates the realization of human rights, it is almost
never neutral, while it can also harm human rights. On the
one hand, governments of developing countries can be
pressurized into violating or denying human rights through
conditions for development finance. Trade union freedoms of
teachers can be denied so as to keep their salaries low and
reduce budget deficits. On the other hand, governments could
be assisted in promoting and protecting human rights where
development finance is designed within the framework
outlined by international human rights law. In-between, many
policies that are apparently human-rights neutral have
significant human rights effects. An example are ceilings on the
size of civil service which may inhibit teacher recruitment and
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Right to Education Primers No. 3
thus jeopardize increased or even sustained access to education.
These issues are addressed in Primer No. 5; this text is
discussing governmental obligations at the domestic level.
The right to education is routinely classified as an
economic, social and cultural right; these are often deemed to
be lacking remedies and are accordingly treated as quasi-rights
or not-quite rights. As a consequence, denials and violations of
the right to education are not addressed. This reductionism
ruptures the symmetry of law which balances rights and
duties, freedoms and responsibilities. Keeping the symmetry,
this text concentrates on governmental obligations which stem
from the right to education and discusses different types of
human rights obligations which distinct facets of the right to
education entail. Different from its frequent but erroneous
image as being only an economic, social and cultural right, the
right to education is also a civil and political rights. Moreover,
it straddles individual and collective rights, embodying both.
The firm grounding of the right to education in international and domestic human rights law provides for the clarity and
specificity of human rights standards needed for addressing its
key dimensions at the global level. International human rights
law underpins universality of human rights laying down minimal standards to which all people are entitled. Its requirements
are interpreted daily, throughout the world, in the light of the
multitude of different situations that arise. Access of children to
education may be impeded because they cannot comply with
administrative requirements, such as birth or citizenship
certificates, or the nearest school is too far away. There is often
conflict between parental preferences for their children’s
education and the rights of the child, exemplified by the