Right to education

The right to education is a fundamental human right recognized by many international laws. It ensures that all people can access formal instruction to develop their skills and personalities.

This right is not just about sitting in a classroom. It also involves the transmission of knowledge, values, and culture between generations. In a narrow sense, education refers to formal teaching within institutions. In a wider sense, it describes how communities pass on the skills needed for daily life. This process helps individuals grow and allows societies to function effectively.

To measure if this right is being fulfilled, experts use a framework called the 4As. This system was developed by Katarina Tomasevski, a former UN Special Rapporteur. The first part is availability, which means governments must fund schools. Schools need buildings, books, and qualified teachers to function. They must also provide basic needs like clean drinking water and safe sanitation.

The second part is accessibility, which means education must be open to everyone. This includes people regardless of their gender, race, religion, or economic status. Schools should be a reasonable distance from where children live. If they are far away, transportation should be provided to ensure safety. Additionally, education must be affordable, with supplies like uniforms and books provided at no cost. This helps include marginalized groups, such as refugees or children with disabilities.

The third part is acceptability, which focuses on the quality of learning. Education must be culturally appropriate and free from discrimination. Teaching methods should be objective and unbiased for all students. Schools must also prioritize health and safety by eliminating corporal punishment. The final part is adaptability, which means programs must be flexible. Schools should adjust to societal changes and the specific needs of their communities. For example, they should respect religious holidays and accommodate students with disabilities.

Many international agreements establish the legal basis for this right. The Universal Declaration of Human Rights states that education should be free at elementary stages. It also notes that elementary education must be compulsory. Other important treaties include the 1960 UNESCO Convention and the 1989 Convention on the Rights of the Child. In 2021, 171 states were parties to the International Covenant on Economic, Social and Cultural Rights. This treaty requires states to provide free primary education and develop accessible secondary education.

History shows how the responsibility for education has shifted over time. Before the Enlightenment in the eighteenth and nineteenth centuries, parents and churches managed education. Following the French and American Revolutions, education became a public function of the state. Different regions have created their own specific protections as well. For instance, the Indian Constitution includes the 86th Amendment Act of 2002. This law guarantees free and compulsory education for children aged 6 to 14. In Africa, the African Charter on Human and Peoples' Rights also recognizes this right.

Despite these legal protections, many challenges remain globally. In 2021, the total number of out-of-school children reached 250 million. Social inequality is a major cause of this issue. By 2023, approximately 16% of youth were not attending any form of schooling. At the primary level, 1 out of every 10 children was not in school.

Furthermore, 48% of the population not attending school were girls and young women. These statistics highlight the ongoing work needed to achieve true educational equality.

Addressing these gaps involves complex legal and social efforts. In 2019, experts adopted the Abidjan Principles to help manage education involving private companies. Recently, in June 2024, the UN Human Rights Council approved a new working group. This group aims to explore a protocol that explicitly includes early childhood care. They want to ensure public pre-primary and secondary education are available for free to all. By focusing on these different stages, the international community works to protect the future of all learners.