Right to Education
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RIGHT TO EDUCATION Education is a fundamental human right and essential for the exercise of all other human rights. It promotes individual freedom and empowerment and yields important development benefits. This is recognized in the International Covenant on Economic, Social and Cultural Rights as a human right that includes the right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all, in particular by the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. The right to education also includes 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 the obligation to rule out discrimination at all levels of the educational system, to set minimum standards and to improve the quality of education. Article 26 of the Universal Declaration of Human Rights states that everyone has the right to education directed to the full deployment of human personality and parents have the prior right to choose the type of education of their children. Article 13 of the International Covenant on Economic, Social and Cultural Rights recognizes the right of everyone to free education (free for the primary level and "the progressive introduction of free education" for the secondary and higher levels). This is to be directed towards "the full development of the human personality and the sense of its dignity",and enable all persons to participate effectively in society. Article 13.2 lists a number of specific steps parties are required to pursue to realise the right of education. These include the provision of free, universal and compulsory primary education, "generally available and accessible" secondary education in various forms (including technical and vocational training), and equally accessible higher education. All of these must be available to all without discrimination. Parties must also develop a school system (though it may be public, private, or mixed), encourage or provide scholarships for disadvantaged groups. Parties are required to make
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Human Rights
Transcript of Right to Education
RIGHT TO EDUCATION
Education is a fundamental human right and essential for the exercise of all other human rights. It promotes individual freedom and empowerment and yields important development benefits. This is recognized in the International Covenant on Economic, Social and Cultural Rights as a human right that includes the right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all, in particular by the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education.
The right to education also includes 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 the obligation to rule out discrimination at all levels of the educational system, to set minimum standards and to improve the quality of education.
Article 26 of the Universal Declaration of Human Rights states that everyone has the right to education directed to the full deployment of human personality and parents have the prior right to choose the type of education of their children.
Article 13 of the International Covenant on Economic, Social and Cultural Rights recognizes the right of everyone to free education (free for the primary level and "the progressive introduction of free education" for the secondary and higher levels). This is to be directed towards "the full development of the human personality and the sense of its dignity",and enable all persons to participate effectively in society.
Article 13.2 lists a number of specific steps parties are required to pursue to realise the right of education. These include the provision of free, universal and compulsory primary education, "generally available and accessible" secondary education in various forms (including technical and vocational training), and equally accessible higher education. All of these must be available to all without discrimination. Parties must also develop a school system (though it may be public, private, or mixed), encourage or provide scholarships for disadvantaged groups. Parties are required to make education free at all levels, either immediately or progressively; "[p]rimary education shall be compulsory and available free to all"; secondary education "shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education"; and "higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education".
The Committee on Economic, Social and Cultural Rights interpret the Covenant as also requiring states to respect the academic freedom of staff and students, as this is vital for the educational process. It also considers corporal punishment in schools to be inconsistent with the Covenant's underlying principle of the dignity of the individual.
RIGHT TO WORK
Basis and fundamental on securing the economic well-being of a person is his right to work with fair wages and under decent working conditions. The ICESCR obliges States Parties to recognize the right to work which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and to take appropriate steps to safeguard this right.
Article 6 of the ICESCR states that right to work necessarily includes the right to a decent living wage, decent working conditions and the freedom of choice of work, freedom from discrimination and the right to form trade unions. It includes the right to fair wages and adequate leisure time.
International Labor Organization (ILO) has pledges to support and implement the International Covenant on Economic, Social and Cultural Rights. The ILO had developed international standards of labor to be complied with by the State Parties.
REFERENCES:
Coquia, J.R., Human Rights, 2012
International Covenant on Economic, Social and Cultural Rights
Covenant on Economic, Social and Cultural Rights General Comments
