The right to education is recognized as a human right Human rights are "rights and freedoms to which all humans are entitled." Proponents of the concept usually assert that all humans are endowed with certain entitlements merely by reason of being human by the United Nations The United Nations Organization or simply United Nations (UN) is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and the achieving of world peace. The UN was founded in 1945 after World War II to replace the League of[1] and is understood to establish an entitlement to free, compulsory primary education Primary education is the first stage of compulsory education. It is preceded by pre-school or nursery education and is followed by secondary education. In North America this stage of education is usually known as elementary education and is generally followed by middle school for all children Biologically, a child is generally a human between the stages of birth and puberty. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority. "Child" may also describe a relationship with a parent or authority figure, or signify group membership in a clan, tribe,, an obligation to develop secondary education Secondary education is the stage of education following primary school. Secondary education is generally the final stage of compulsory education. However, secondary education in some countries includes a period of compulsory and a period of non-compulsory education. The next stage of education is usually college or university. Secondary education accessible to all children, as well as equitable access to higher education Higher education refers to a level of education that is provided at academies, universities, colleges, vocational universities, community colleges, liberal arts colleges, institutes of technology and certain other collegiate-level institutions, such as vocational schools, trade schools, and career colleges, that award academic degrees or, and a responsibility to provide basic education for individuals who have not completed primary education. In addition to these access to education provisions the right to education encompasses also the obligation to eliminate discrimination CERD · CEDAW · CDE · ILO C111 · ILO C100 · ILO C169 · Protocol No. 12 ECHR at all levels of the educational system, to set minimum standards and to improve quality.[2]

The right to education is enshrined in Article 26 of the Universal Declaration of Human Rights The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly on December 10, 1948 at the Palais de Chaillot in Paris. The Declaration has been translated into at least 375 languages and dialects, making it the most widely translated document in the world. The Declaration arose directly from the and Article 14 of the International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals, including labour rights and rights to.[3][4] The right to education has also been reaffirmed in the 1960 UNESCO The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations established on 16 November 1945. Its stated purpose is to contribute to peace and security by promoting international collaboration through education, science, and culture in order to further universal respect for justice, the rule of Convention against Discrimination in Education Convention against Discrimination in Education is a convention adopted by UNESCO in 1960 aiming to combat segregation and discrimination in the field of education. It has entered into force in 1962. There is an additional Protocol Instituting a Conciliation and Good offices Commission, adopted in 1962 and entering force in 1968. As of March, 2010,, 1st Protocol of ECHR The European Convention on Human Rights (long title: Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe and the 1981 Convention on the Elimination of All Forms of Discrimination Against Women The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it came into force on 3 September 1981. The United States is the only developed nation that has not ratified the CEDAW. Several.[5]

The right to education may also include the right to freedom of education Freedom of education refers to the right of any person to manage their own education, start a school, or to have access to the education of their choice without any constraints.[citation needed]

Contents

Definition

Education Education in the largest sense is any act or experience that has a formative effect on the mind, character or physical ability of an individual. In its technical sense, education is the process by which society deliberately transmits its accumulated knowledge, skills and values from one generation to another narrowly refers to formal institutional instructions. Generally, international instruments use the term in this sense and the right to education, as protected by international human rights instruments International human rights instruments can be classified into two categories: declarations, adopted by bodies such as the United Nations General Assembly, which are not legally binding although they may be politically so; and conventions, which are legally binding instruments concluded under international law. International treaties can, over time,, refers primarily to education in a narrow sense. The 1960 UNESCO The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations established on 16 November 1945. Its stated purpose is to contribute to peace and security by promoting international collaboration through education, science, and culture in order to further universal respect for justice, the rule of Convention against Discrimination in Education defines education in Article 1(2) as: "all types and levels of education, (including) access to education, the standard and quality of education, and the conditions under which it is given."[6]

In a wider sense education Education in the largest sense is any act or experience that has a formative effect on the mind, character or physical ability of an individual. In its technical sense, education is the process by which society deliberately transmits its accumulated knowledge, skills and values from one generation to another may describe "all activities by which a human group transmits to its descendants a body of knowledge and skills and a moral code which enable the group to subsist".[6] In this sense education refers to the transmission to a subsequent generation of those skills needed to perform tasks of daily living, and further passing on the social, cultural, spiritual and philosophical values of the particular community. The wider meaning of education has been recognised in Article 1(a) of UNESCO The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations established on 16 November 1945. Its stated purpose is to contribute to peace and security by promoting international collaboration through education, science, and culture in order to further universal respect for justice, the rule of's 1974 Recommendation concerning Education for International Understanding, Co-operation and Peace and Education relating to Human Rights and Fundamental Freedoms.[7] The article states that education implies:

"the entire process of social life by means of which individuals and social groups learn to develop consciously within, and for the benefit of, the national and international communities, the whole of their personal capabilities, attitudes, aptitudes and knowledge."[6]

The European Court of Human Rights The European Court of Human Rights in Strasbourg is an international judicial body, established under the European Convention on Human Rights of 1950 to monitor respect of human rights by states. The European Convention on Human Rights, or formally named Convention for the Protection of Human Rights and Fundamental Freedoms, is a convention has defined education in a narrow sense as "teaching or instructions... in particular to the transmission of knowledge and to intellectual development" and in a wider sense as "the whole process whereby, in any society, adults endeavour to transmit their beliefs, culture and other values to the young."[6]

Fulfilling the right to education

The fulfilment of the right to education can be assessed using the 4 As framework, which asserts that for education to be a meaningful right it must be available, accessible, acceptable and adaptable. The 4 As framework was developed by the former UN Special Rapporteur on the Right to Education, Katarina Tomasevski, but is not necessarily the standard used in every international human rights instrument and hence not a generic guide to how the right to education is treated under national law.[8]

The 4 As framework proposes that governments, as the prime duty-bearer, has to respect, protect and fulfil the right to education by making education available, accessible, acceptable and adaptable. The framework also places duties on other stakeholders in the education process: the child, which as the privileged subject of the right to education has the duty to comply with compulsory education Plato's The Republic popularized the concept of compulsory education in Western intellectual thought. The Talmud praises a sage Joshua ben Gamla with the institution of formal Jewish education in the 1st century AD. Ben Gamla instituted schools in every town and made education compulsory from the age of 6 or 7. Prior to this, parents in Judea requirements, the parents as the ‘first educators’, and professional educators, namely teachers In education, a teacher is a person who provides schooling for others. A teacher who facilitates education for an individual student may also be described as a personal tutor. The role of teacher is often formal and ongoing, carried out by way of occupation or profession at a school or other place of formal education. In many countries, a person.[8]

The 4 As have been further elaborated as follows:[9]

A number of international NGOs and charities work to realise the right to education using a rights-based approach to development.[citation needed]

Development of the right to education

In Europe, before the Enlightenment The Age of Enlightenment is the era in Western philosophy and intellectual, scientific and cultural life, centered upon the eighteenth century, in which reason was advocated as the primary source and legitimacy for authority of the eighteenth and nineteenth century, education was the responsibility of parents and the church Christian Church and church (Greek kyriakon , "thing belonging to the Lord"; also ekklesia (ἐκκλησία) (Latinized as ecclesia, "assembly") are used to denote both a Christian association of people and a place of worship. In the phenomenological sense there are many such associations of people that call themselves. With the French The French Revolution was a period of radical social and political upheaval in French and European history. The absolute monarchy that had ruled France for centuries collapsed in three years. French society underwent an epic transformation as feudal, aristocratic, and religious privileges evaporated under a sustained assault from liberal political and American Revolution The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America. They first rejected the authority of the Parliament of Great Britain to govern them from overseas without education was established also as a public function. It was thought that the state, by assuming a more active role in the sphere of education, could help to make education available and accessible to all. Education had thus far been primarily available to the upper social classes and public education was perceived as a means of realising the egalitarian Egalitarianism has two distinct definitions in modern English. It is defined either as a political doctrine that holds that all people should be treated as equals and have the same political, economic, social, and civil rights or as a social philosophy advocating the removal of economic inequalities among people ideals underlining both revolutions.[14]

However, neither the American Declaration of Independence The United States Declaration of Independence is a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain were now independent states, and thus no longer a part of the British Empire. Written primarily by Thomas Jefferson, the Declaration is a formal (1776) nor the French Declaration of the Rights of Man (1789) protected the right to education as the liberal concepts of human rights Human rights are "rights and freedoms to which all humans are entitled." Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human in the nineteenth century envisaged that parents retained the primary duty for providing education to their children. It was the states obligation to ensure that parents complied with this duty, and many states enacted legislation making school attendance compulsory. Furthermore child labour Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries. Child labour was utilized to varying extents through most of history, but entered public dispute with the advent of universal schooling, with changes in laws were enacted to limit the number of hours per day children could be employed, to ensure children would attend school. States also became involved in the legal regulation of curricula In formal education, a curriculum is the set of courses, and their content, offered at a school or university. As an idea, curriculum stems from the Latin word for race course, referring to the course of deeds and experiences through which children grow to become mature adults. A curriculum is prescriptive, and is based on a more general syllabus and established minimum educational standards.[15]

In On Liberty On Liberty is a philosophical work by English philosopher John Stuart Mill. It was a radical work to the Victorian readers of the time because it supported moral and economic freedom of individuals from the state John Stuart Mill John Stuart Mill was a British philosopher and civil servant. An influential contributor to social theory, political theory, and political economy, his conception of liberty justified the freedom of the individual in opposition to unlimited state control. He was a proponent of utilitarianism, an ethical theory developed by Jeremy Bentham, although wrote that an "education established and controlled by the State should only exist, if it exists at all, as one among many competing experiments, carried on for the purpose of example and stimulus to keep the others up to a certain standard of excellence." Liberal thinkers of the nineteenth century pointed to the dangers to too much state involvement in the sphere of education, but relied on state intervention to reduce the dominance of the church, and to protect the right to education of children against their own parents. In the latter half of the nineteenth century, educational rights were included in domestic bills of rights.[16] The 1849 Paulskirchenverfassung, the constitution of the German Empire The German Empire refers to Germany from the unification of Germany and proclamation of Wilhelm I as German Emperor on 18 January 1871 to 1918, when it became a federal republic after defeat in World War I and the abdication of Wilhelm II (28 November 1918). Deutsches Reich remained the official name of Germany throughout the Weimar period and, strongly influenced subsequent European constitutions and devoted Article 152 to 158 of its bill of rights to education. The constitution recognised education as a function of the state, independent of the church. Remarkable at the time, the constitution proclaimed the right to free education for the poor, but the constitution did not explicitly require the state to set up educational institutions. Instead the constitution protected the rights of citizens to found and operate schools and to provide home education. The constitution also provided for freedom of science Science is a systematic enterprise of gathering knowledge about nature and organizing and condensing that knowledge into testable laws and theories. As knowledge has increased, some methods have proved more reliable than others, and today the scientific method is the standard for science. It includes the use of careful observation, experimentation, and teaching Education in the largest sense is any act or experience that has a formative effect on the mind, character or physical ability of an individual. In its technical sense, education is the process by which society deliberately transmits its accumulated knowledge, skills and values from one generation to another, and it guaranteed the right of everybody to choose a vocation and train for it.[17]

The nineteenth century also saw the development of socialist Socialism is an economic and political theory based on public or common ownership and cooperative management of the means of production and allocation of resources theory, which held that the primary task of the state was to ensure the economic and social well-being of the community through government intervention and regulation. Socialist theory recognised that individuals had claims to basic welfare services against the state and education was viewed as one of these welfare entitlements. This was in contrast to liberal Liberalism is the belief in the importance of liberty and equality. Liberals espouse a wide array of views depending on their understanding of these principles, but most liberals support such fundamental ideas as constitutions, liberal democracy, free and fair elections, human rights, capitalism, free trade, and the separation of church and state theory at the time, which regarded non-state actors as the prime providers of education. Socialist ideals were enshrined in the 1936 Soviet Constitution The Soviet Union was governed by three versions of its Constitution, modelled after the 1918 Constitution established by the Russian Socialist Federative Soviet Republic , the immediate predecessor of the Union of Soviet Socialist Republics, which was the first constitution to recognise the right to education with a corresponding obligation of the state to provide such education. The constitution guaranteed free and compulsory education at all levels, a system of state scholarships and vocational training in state enterprises. Subsequently the right to education featured strongly in the constitutions of socialist states.[18] As a political goal, right to education was declared in F. D. Roosevelt's 1944 speech on the Second Bill of Rights The Second Bill of Rights was a proposal made by United States President Franklin D. Roosevelt during his State of the Union Address on January 11, 1944 to suggest that the nation had come to recognize, and should now implement, a second bill of rights. Roosevelt did not argue for any change to the United States Constitution; he argued that the.

Implementation

International law International law is the term commonly used for referring to laws that govern the conduct of independent nations in their relationships with one another. It differs from other legal systems in that it primarily concerns provinces rather than private citizens. However, the term "international law" can refer to three distinct legal does not protect the right to pre-primary education Primary education is the first stage of compulsory education. It is preceded by pre-school or nursery education and is followed by secondary education. In North America this stage of education is usually known as elementary education and is generally followed by middle school and international documents generally omit references to education at this level.[19] The Universal Declaration of Human Rights The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly on December 10, 1948 at the Palais de Chaillot in Paris. The Declaration has been translated into at least 375 languages and dialects, making it the most widely translated document in the world. The Declaration arose directly from the states that "everybody" has the right to education, hence the right accures to all individuals, although children are understood as the main beneficiaries.[20]

The rights to education are separated into three levels:

Both secondary and higher education shall be made accessible "by every appropriate means, and in particular by the progressive introduction of free education".[21] The only country that has declared reservations about introducing free secondary or higher education is Japan.[22]

Role of the State

Today education is considered an important public function and the state is seen as the chief provider of education through the allocation of substantial budgetary resources and regulating the provision of education. The pre-eminent role of the state in fulfilling the right to education is enshrined in the 1966 International Covenant on Economic, Social and Cultural Rights. Traditionally, education has been the duty of a child's parents, however with the rise of systems of education, the role of parents has diminished.[23] With regards to realising the right to education the World Declaration on Education for All, adopted at the 1990 World Conference on Education for All states that "partnerships between government and non-governmental organisations, the private sector, local communities, religious groups, and families" are necessary.[24] Right to Education is very i

Compulsory education

The realisation of the right to education on a national level may be achieved through compulsory education, or more specifically free compulsory primary education, as stated in both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights.[25][26]

See also

Lawsuits

References

  1. ^ http://www.ohchr.org/Documents/Publications/FactSheet33en.pdf
  2. ^ A Human Rights-Based Approach to Education for All. UNESCO and UNICEF. 2007. pp. 7. http://unesdoc.unesco.org/images/0015/001548/154861E.pdf.
  3. ^ Article 26, Universal Declaration of Human Rights
  4. ^ Article 14, International Covenant on Economic, Social and Cultural Rights
  5. ^ A Human Rights-Based Approach to Education for All. UNESCO and UNICEF. 2007. pp. 7. http://unesdoc.unesco.org/images/0015/001548/154861E.pdf.
  6. ^ a b c d Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. The Hague: Martinus Nijhoff. p. 19. ISBN 90-04-14704-7.
  7. ^ Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. Martinus Nijhoff Publishers. pp. 226–227. ISBN 9004147047, 9789004147041. http://books.google.com/books?id=VWs2UCuG-XQC&dq=%22right+to+education%22&source=gbs_summary_s&cad=0.
  8. ^ a b "Right to education – What is it? Education and the 4 As". Right to Education project. http://www.right-to-education.org/node/226. Retrieved 2009-02-21.
  9. ^ "Right to education – What is it? Primer on the right to education". Right to Education project. http://www.right-to-education.org/node/232. Retrieved 2009-02-21.
  10. ^ "Right to education – What is it? Availability". Right to Education project. http://www.right-to-education.org/node/227. Retrieved 2009-02-21.
  11. ^ "Right to education – What is it? Accessibility". Right to Education project. http://www.right-to-education.org/node/228. Retrieved 2009-02-21.
  12. ^ "Right to education – What is it? Acceptability". Right to Education project. http://www.right-to-education.org/node/229. Retrieved 2009-02-21.
  13. ^ "Right to education – What is it? Adaptability". Right to Education project. http://www.right-to-education.org/node/230. Retrieved 2009-02-21.
  14. ^ Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. Martinus Nijhoff Publishers. pp. 21–22. ISBN 9004147047, 9789004147041. http://books.google.com/books?id=VWs2UCuG-XQC&dq=%22right+to+education%22&source=gbs_summary_s&cad=0.
  15. ^ Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. Martinus Nijhoff Publishers. pp. 22. ISBN 9004147047, 9789004147041. http://books.google.com/books?id=VWs2UCuG-XQC&dq=%22right+to+education%22&source=gbs_summary_s&cad=0.
  16. ^ Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. Martinus Nijhoff Publishers. pp. 22. ISBN 9004147047, 9789004147041. http://books.google.com/books?id=VWs2UCuG-XQC&dq=%22right+to+education%22&source=gbs_summary_s&cad=0.
  17. ^ Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. Martinus Nijhoff Publishers. pp. 23. ISBN 9004147047, 9789004147041. http://books.google.com/books?id=VWs2UCuG-XQC&dq=%22right+to+education%22&source=gbs_summary_s&cad=0.
  18. ^ Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. Martinus Nijhoff Publishers. pp. 23. ISBN 9004147047, 9789004147041. http://books.google.com/books?id=VWs2UCuG-XQC&dq=%22right+to+education%22&source=gbs_summary_s&cad=0.
  19. ^ Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. Martinus Nijhoff Publishers. pp. 19–20. ISBN 9004147047, 9789004147041. http://books.google.com/books?id=VWs2UCuG-XQC&dq=%22right+to+education%22&source=gbs_summary_s&cad=0.
  20. ^ Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. Martinus Nijhoff Publishers. pp. 20. ISBN 9004147047, 9789004147041. http://books.google.com/books?id=VWs2UCuG-XQC&dq=%22right+to+education%22&source=gbs_summary_s&cad=0.
  21. ^ Article 13 (2) (a) to (c), International Covenant on Economic, Social and Cultural Rights
  22. ^ Declarations and reservations about the International Covenant on Economic, Social and Cultural rights.
  23. ^ Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. Martinus Nijhoff Publishers. pp. 20. ISBN 9004147047, 9789004147041. http://books.google.com/books?id=VWs2UCuG-XQC&dq=%22right+to+education%22&source=gbs_summary_s&cad=0.
  24. ^ Beiter, Klaus Dieter (2005). The Protection of the Right to Education by International Law. Martinus Nijhoff Publishers. pp. 21. ISBN 9004147047, 9789004147041. http://books.google.com/books?id=VWs2UCuG-XQC&dq=%22right+to+education%22&source=gbs_summary_s&cad=0.
  25. ^ Article 26, Universal Declaration of Human Rights
  26. ^ Article 14, International Covenant on Economic, Social and Cultural Rights

External links

Articles of the Universal Declaration of Human Rights
General principles

Article 1: Freedom, Egalitarianism, Dignity and Brotherhood Article 2: Universality of rights
International Covenant on Civil and Political Rights

Article 1 and 2: Right to freedom from discrimination · Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel and unusual punishment · Article 6: Right to personhood · Article 7: Equality before the law · Article 8: Right to effective remedy from the law · Article 9: Freedom from arbitrary arrest, detention and exile · Article 10: Right to a fair trial · Article 11.1: Presumption of innocence · Article 11.2: Prohibition of retrospective law · Article 12: Right to privacy · Article 13: Freedom of movement · Article 14: Right of asylum · Article 15: Right to a nationality · Article 16: Right to marriage and family life · Article 17: Right to property · Article 18: Freedom of thought, conscience and religion · Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage
International Covenant on Economic, Social and Cultural Rights

Article 1 and 2: Right to freedom from discrimination · Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration · Article 23.4: Right to join a trade union · Article 24: Right to rest and leisure · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27.1: Right to participate in culture · Article 27.2: Right to intellectual property
Context, limitations and duties

Article 28: Social order · Article 29.1: Social responsibility · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Category:Human rights · Human rights portal
Particular human rights
Civil and political Freedom from discrimination · Right to life · Right to die · Security of person · Liberty · Freedom of movement · Freedom from slavery · Personhood · Right to bear arms · Equality before the law · Adequate remedy · Freedom from arbitrary arrest and detention · Freedom from torture · Freedom from cruel and unusual punishment · Right to a fair trial · Presumption of innocence · Right of asylum · Nationality · Freedom from exile · Privacy · Freedom of thought and conscience · Freedom of religion · Freedom of expression (freedom of information) · Freedom of assembly · Freedom of association · Right to protest · Universal suffrage · Marriage · Family life
Economic, social and cultural Labor rights · Fair remuneration · Equal pay for equal work · Trade union membership · Right to social security · Leisure and rest · Right to work · Right to property (and intellectual) · Right to culture · Right to public participation · Right to education · Right to adequate standard of living · Right to housing · Right to development · Right to health · Right to healthcare · Right to water · Right to food · Right of return
Reproductive Family planning · Reproductive health · Abortion · Freedom from involuntary female genital cutting
War and conflict Civilian · Combatant · Freedom from genocide · Prisoner of war · War rape
Philosophy & rights Negative and positive rights · Claim rights and liberty rights · Freedom versus license · Desert (philosophy) · Social contract · Meritocracy · Equality before the law
Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.

Categories: Education policy | Human rights

 

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