of the practically-implemented purposes of education may
affirm human rights, others may deny them. A review of
education in all its dimensions by the human rights yardstick is
therefore necessary.
International human rights law defines governmental
obligations relating to human rights as whole, specifying
obligations to act and to react, to pursue specific conduct or to
achieve a particular result. One essential role of the
government is to set educational strategy, determine and
enforce educational standards, monitor the implementation of
the strategy and put in place corrective action. This
encompasses both core governmental obligations – to ensure
that education is available and to respect freedom in
education. The former is typically categorized as counterpart of
economic/social/cultural rights, the latter as corollary of civil/
political rights. Table 3 illustrates that no such division can be
made – both types of governmental obligations are laid down
as two sides of the same coin.
Table 3:
16
Universal Declaration:
Education shall be free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory.
Universal Declaration:
Parents have a prior right to choose the kind of education that shall be given to their children.
UNESCO Convention against Discrimination in Education:
The States Parties to this Convention undertake to formulate, develop and
apply a national policy which, ... will tend to promote equality of opportunity
and of treatment ... and in particular: (a) To make primary education free and
compulsory.
UNESCO Convention against Discrimination in Education:
The States Parties to this Convention agree that:
(b) It is essential to respect the liberty of parents, ... firstly to choose for their children
institutions other than those maintained by the public authorities but conforming to ... minimum
educational standards, and secondly, to to ensure ... the religious and moral education of the
children in conformity with their own convictions.
International Covenant on Economic, Social and Cultural Rights:
Primary education shall be compulsory and available free for all.
International Covenant on Economic, Social and Cultural Rights:
The States Parties to the present Covenant undertake to have respect for the liberty of parents ... to
choose for their children schools, other than those established by the public authorities, which
conform to such minimum educational standards as may be laid down or approved by the State and to
ensure the religious and moral education of their children in conformity with their own convictions.
No part of this article shall be construed so as to interfere with the liberty of individuals and
bodies to establish and direct educational institutions, ...
Convention on the Rights of the Child:
States Parties recognize the right of the child to education, and with a view to
achieving this right progressively and on the basis of equal opportunity, they
shall, in particular:
(a) Make primary education compulsory and available free for all.
Convention on the Rights of the Child:
No part of [articles 28 and 29] shall be construed so as to interfere with the liberty of individuals
and bodies to establish and direct educational institutions ...
Right to Education Primers No. 3