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United Nations

Treaty Establishing the European Community (as amended by other Treaties) (European Union) [2006] OJ 321 E/37 (Date signed: 25th March 1957)

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15 Article 13: The Right to Education

From: the international covenant on economic, social and cultural rights: commentary, cases, and materials, ben saul, david kinley, jacqueline mowbray.

[66.249.64.20|109.248.223.228]
109.248.223.228

Right to Education

Education as a human right means:

The right to education is guaranteed legally for all without any discrimination
States have the obligation to protect, respect and fulfil the right to education
There are ways to hold States accountable for violations or deprivations of the right to education.

Every year, at its June session, the Human Rights Council adopts a Resolution on the Right to Education led by Portugal and sponsored by several states. The resolutions can be found on the United Nations Digital Library . The latest edition, from June 2019, can be found here .

What is the content of the right to education?

The right to education encompasses both entitlements and freedoms, including:

Right to free and compulsory primary education
Right to available and accessible secondary education (including technical and vocational education and training), made progressively free
Right to equal access to higher education on the basis of capacity made progressively free
Right to fundamental education for those who have not received or completed primary education
Right to quality education both in public and private schools
Freedom of parents to choose schools for their children which are in conformity with their religious and moral convictions
Freedom of individuals and bodies to establish and direct education institutions in conformity with minimum standards established by the State Academic freedom of teachers and students.

What guarantees education as a right?

International human rights law guarantees the right to education. The Universal Declaration on Human Rights , adopted in 1948, proclaims in its article 26: "everyone has the right to education".

Since then, the right to education has been widely recognised and developed by a number of international normative instruments elaborated by the United Nations, including the International Covenant on Economic, Social and Cultural Rights , the Convention on the Rights of the Child and the UNESCO Convention against Discrimination in Education .

The universality of the right to education has been reaffirmed in other treaties covering specific groups , such as for women and girls , persons with disabilities , migrants , refugees , indigenous people and those who may face other forms of discrimination , and in other contexts, such as in conflict zones . It has also been incorporated into various regional treaties and enshrined as a right in the vast majority of national constitutions.

International humanitarian law , which regulates the conduct of parties in armed conflicts, also includes provisions on the right to education and education more generally, for example, the protection of students, education staff and educational facilities.

Education is principally protected in international humanitarian law by the Geneva Conventions and its Additional Protocols. The key obligations include:

Protection of civilian persons and objects including schools, teachers and students. This is underpinned by the ‘principle of distinction’, that is, there is a fundamental difference between civilian and military persons and objects, and only military persons and objects may be subject to direct attack. (Hospitals may never be used as military bases but in certain circumstances schools can.) (Articles 48 and 51, Additional Protocol 1; Article 13, Additional Protocol II.)
Protection of orphans and children separated from their families. This includes providing education to all those aged fifteen and below (Article 24, Geneva Convention IV).
During civilian internment, detaining powers shall ensure the education of children and young people either within internment or outside. Also, internees shall be granted the opportunity - through granting all possible facilities - to receive education, continue their studies, and take up new subjects, participate in sports and recreational activities (Article 94, Geneva Convention IV).
The special protection of children, this includes the obligation of parties to the conflict to provide children with the care and aid they require, whether because of their age or for any other reason. This can be construed to include appropriate education (Article 77, Additional Protocol I).
In times of belligerent occupation, occupying powers shall facilitate the working of educational institutions and ensure, where possible, that education is provided by persons of the learner’s own nationality, language and religion (Article 50' Geneva Convention IV).
In civil conflicts, children shall receive an education, including religious and moral education consistent with the religious and moral convictions of their parents or guardians (Article 4, Additional Protocol II).
It is also worth mentioning the International Safe Schools Declaration adopted in 2015, a non legally binding instruments, which includes the Guidelines for Protecting Schools and Universities from Military Use .
International Safe Schools Declaration (2015) which includes the Guidelines for Protecting Schools and Universities from Military Use . There are currently (as of 16 June 2017) 66 endorsements of the Declaration

Furthermore, 161 countries have legal provisions for free primary and secondary school , and 149 countries safeguard the right to education in their constitution . Various aspects of the right to education are protected in at least 42 international and regional instruments, including in seven of the nine core UN human rights treaties. In fact, every State has legally committed to the right to education, and “[a]ll States in the world ratified at least one treaty protecting the right to education” ( Aubry and Dorsi, 2016, p.3 ). Despite this, numerous challenges remain in ensuring the right to education for all. As of 2018, less than 1 in 5 countries legally guaranteed 12 years of free and compulsory education due to formal and institutional barriers, as well as insufficient resources. In addition, the right to education is only a legally enforceable constitutional right in 107 States , or 55 per cent of states that include the right to education in their national constitutions.

Why is the right to education fundamental?

Both individuals and society benefit from the right to education. It is fundamental for human, social and economic development and a key element to achieving lasting peace and sustainable development. It is a powerful tool in developing the full potential of everyone and in promoting individual and collective wellbeing.

It is an empowerment right
It lifts marginalised groups out of poverty
It is an indispensable means of realising other rights
It contributes to the full development of the human personality.

This collection was developed with the support of Kate Moriarty, Senior Advisor, Strategic Engagement & Dialogue at INEE, and Delphine Dorsi, Executive Coordinator at Right to Education.

Right to education handbook

This handbook was developed to guide action on ensuring full compliance with the right to education. The handbook will also be an important reference for those working towards the achievement of SDG4, by offering guidance on how to leverage legal commitment to the right to education as a strategic way to achieve this goal.

Guide to Monitoring the Right to Education

This Right to Education Monitoring Guide (‘ Guide ’) is an easy to use, step-by-step guide to monitoring problems in education, using a human rights-based approach. This Guide aims to demystify and simplify the monitoring process and ensure that the right to education remains the focus of your advocacy efforts.

Human Rights Obligations: Making Education Available, Accessible, Acceptable and Adaptable

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.

UN General Assembly Resolution on the Right to Education in Emergency Situations

Urges Member States to implement strategies and policies to ensure and support the realization of the right to education as an integral element of humanitarian assistance and humanitarian response, to the maximum of their available resources

Protecting Education in Insecurity and Armed Conflict: An International Law Handbook

Given the continued attacks on education committed worldwide, and the importance of education, the protection of education in insecurity and armed conflict continues to deserve global attention, including from the legal community. The second edition of the Handbook incorporates all of the relevant developments which have occurred since 2012.

The Safe Schools Declaration: a Framework for Action

This Framework for Action seeks to provide governments with a non-exhaustive list of suggestions, recommendations, and examples that can assist them as they determine the appropriate way to implement the commitments made through endorsement of the Safe Schools Declaration.

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13. CESCR General Comment No. 13 (1999) on the Right to Education (Article 13 of the Covenant)

From the book economic, social, and cultural rights.

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Article 28: The Right to Education

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First Online: 03 January 2022

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Ziba Vaghri 31

Part of the book series: Children’s Well-Being: Indicators and Research ((CHIR,volume 25))

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‘I would tell him to fix the lower income places where these schools are … because some of the schools the cafeteria do not serve proper food for the children at lunch time and stuff.’ (Latin America/Caribbean)

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On Education and Public Schools

Introduction: A Sociological and Philosophical Approach to Education

Appropriate Language in Education

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:

Make primary education compulsory and available free to all;

Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

Make higher education accessible to all on the basis of capacity by every appropriate means;

Make educational and vocational information and guidance available and accessible to all children;

Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.

States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

‘Public call should be announced for students to give their views and proposal what should they learn in particular educational programmes or educational profiles.’ (Eastern Europe)

‘Inspections should be more frequent and spontaneous (unannounced). When inspectors announce the inspection, then teachers know in advance and they instruct students what are they going to teach, which questions will they ask students and what should students say.’ (Eastern Europe)

Article 28 echoes the International Covenant on Economic and Social Rights, Article 13, in enshrining the right to education for all (Pinheiro, 2006 ; UN Secretary General, 2020 , paras. 41–48). It has been described as a ‘multiplier right,’ epitomising the indivisibility of rights as it contributes to the realisation of many other rights (Courtis and Tobin, 2019 , p. 1058; Tomaševski, 2006 , p. 7). However, Article 28 differs from Article 13 in several significant ways. It expands the scope of the right to education to include obligations on States Parties to encourage school attendance and reduce drop-out rates, to ensure that school discipline is administered in a manner consistent with the child’s dignity, and to promote and encourage international cooperation in matters relating to education. It lacks any reference to the right of parents to choose an education for their children in conformity with their moral or religious convictions, although this issue is addressed in Article 29, the aims of education.

The provision of education for all has significant resource implications and, accordingly, Article 28 is subject to progressive realisation. The text affirms that States Parties must, with a view to achieving the right progressively, make primary education compulsory and free to all. The obligations on secondary education are lower, requiring that States Parties encourage its development, and accessibility and availability to all, including through provision of free education and financial support. Higher education must be made available by every appropriate means, and education and vocational guidance available to all children. However, the Committee on Economic, Social and Cultural Rights has proposed that minimum core requirements must be introduced irrespective of available resources. These include non-discrimination in access to education, consistency of the curricula with international human rights standards, and compulsory and free primary education to all ( 1999 , para. 57).

Non-discrimination and free and compulsory primary education for all have also been re-affirmed as core obligations by the Committee on the Rights of Persons with Disabilities ( 2016 , para. 41). The Committee on the Rights of the Child has not explicitly articulated any core obligations. However, it consistently recommends that States Parties endorse these measures as an immediate core obligation, not subject to progressive realisation, particularly in respect of its demands that budget allocations are sufficiently directed to the implementation of the right to education (UN Committee on the Rights of the Child, 2000a , para. 18, 2003 , para. 60 (a), 2005a , para. 59, 2010a , para. 59).

The Convention does not define the word education. However, the Committee makes clear that education extends ‘beyond formal schooling to embrace the broad range of life experiences and learning processes which enable children … to develop their personalities, talents and abilities and to live a full and satisfying life within society’ ( 2001 , para. 2). Accordingly, education is not confined to those levels elaborated in Article 28. It is interpreted as beginning at birth, and extends to the provision of preschool education (UN Committee on the Rights of the Child, 2006a , para. 28). Although silent on ages for starting or finishing school, the Committee has asked States Parties to establish minimum and maximum ages for compulsory education (Verheyde, 2005 ), encouraged the inclusion of early childhood education and care (UN Committee on the Rights of the Child, 2004a , 2006a , 2016a , para. 69 (g)), and suggested that the end of compulsory education should coincide with the minimum age for employment ( 1995a , b , 1996 ). Furthermore, the Committee has interpreted the article to apply to regular and non-formal education ( 2000b , para. 90) and has recommended non-formal education for children who have difficulty attending schools ( 2002a , para. 306, 2004b , para. 58).

General Principles

Article 28 requires that education be provided on the basis of equal opportunity to all children. The obligation to ensure non-discrimination in respect of the right to education is an immediate obligation and applies to all aspects of education (UN Committee on Economic, Social and Cultural Rights, 1999 , para. 13). No child can be discriminated against in respect of their right to education on any of the prohibited grounds elaborated in Article 2. The Committee has repeatedly highlighted many groups of children who are vulnerable to discrimination in education and demanded that States Parties take action to secure their equal right to education. These groups include, among many others, children with disabilities ( 2004c , para. 48), girls ( 2005b , para. 75), indigenous children ( 2005c , para. 59), Roma children ( 2002b , para. 42 (a)), children in detention ( 2005d , para. 53), rural, immigrant, refugee and asylum-seeking children, children affected by armed combat, working children, children in conflict with the law, and those living with HIV/AIDs (UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and UN Committee on the Rights of the Child, 2017 , paras. 59–63; UN Committee on the Rights of the Child, 2007a , paras. 62–72, 2007b , para. 89, 2009a , paras. 56–63, 2017a , para. 19; Verheyde, 2005 ).

Education is the individual right of every child and it is in their best interests that they receive a quality education. In developing an education system, States Parties must ensure that the best interests of the child are its primary focus, and that it is not subordinated to broader economic or instrumental societal goals, such as conformity with specific religious or political views (Courtis and Tobin, 2019 , p. 1062).

The realisation of the right to education is an integral dimension in contributing towards the child’s optimum development. The breadth of the education curriculum, as well as the means through which is it delivered, must be designed to promote children’s optimum development.

The right of the child to be heard is fundamental to the right to education. The Committee have affirmed that children should be listened to and engaged through a participatory pedagogy within the classroom, and schools should adopt a culture of respect for the right of the child to be heard ( 2009b , para. 107). In addition, States Parties must ensure that children have opportunities to influence decisions from their individual education to the way their school is run, through class and school councils, and representation on school boards, and also in the development of broader education legislation and policy (UN Committee on the Rights of the Child, 2009b , paras. 109–111). Finally, children must have the opportunity to be heard in any disciplinary proceedings (UN Committee on the Rights of the Child, 2009b , para. 113).

Articles Related or Linked to Article 28

Article 4 obliges States Parties to take all appropriate measures to implement education as described in Article 28 (1), and to assist those with inadequate resources to do so.

Articles 13–17 contain provisions on access to information and participation the two essential pillars of education.

Article 19 (1) provides protection to the child from maltreatment from teachers and others.

Article 23 (3) ensures that children with disabilities have access to education.

Article 24 (e) requires children receive health education.

Article 29 describes the appropriate content and aims of education.

Article 30 requires provision of conditions for children of indigenous or minority groups to be educated on and enjoy their own culture, religion, and use their own language.

Article 31 , consistent with current knowledge of the important role of art-based and play-based learning, also requires that rest, play, leisure, and recreation are provided for in education.

Article 32 obliges States Parties to ensure labour does not compromise the child’s enjoyment of their right to education (Verheyde, 2005 ).

Relevant Instruments

UN Universal Declaration of Human Rights (1948), Article 26

UN Declaration of the Rights of the Child (1959), Principle 7

UN Convention Against Discrimination in Education (1960)

International Covenant on Economic, Social and Cultural Rights (1966), Article 13

UN Convention on Technical and Vocational Education (1989)

Treaties which address the education rights of vulnerable groups:

UN Convention Relating to the Status of Refugees (1951), Article 22

International Convention on the Elimination of All Forms of Racial Discrimination (1966), Article 5

UN Declaration on the Rights of Disabled Persons (1975), Principle 6

UN Convention on the Elimination of All Forms of Discrimination against Women (1979), Article 10

International Convention on the Protection of the Rights of all Migrant Workers and their Families (1990), Article 30

UN Declaration on the Rights of Persons Belonging to National or Ethnic Religious and Linguistic Minorities (1992), Article 4 (3)

UN Convention on the Rights of Persons with Disabilities (2006), Articles 7 and 24.

Attribute One: Access to Primary, Secondary, and Higher Education

States Parties must make primary education compulsory and available free to all. Although no age range is prescribed, it would typically be for 6 years up to the age of 12 (UNESCO Institute for Statistics, 2012 , para. 122). The compulsory provision exists in recognition of essential nature of primary education for development of the child and their effective functioning in society. It is intended to ensure that neither the state nor the parent (or indeed the child) can prioritise other options potentially harmful for the child’s development (Courtis and Tobin, 2019 , p. 1083).

The Committee has consistently demanded of States Parties that they provide sufficient funding to ensure free compulsory primary education, including by abolishing fees ( 2010b , para. 72 (a), (b)). The Committee is also highly critical of the imposition of indirect costs such as obligatory school uniforms, textbooks and other materials, meals, transport, fees for participation in certain activities, or exam fees, and has recommended their abolition. Footnote 1

States Parties must also encourage the development of secondary education, which is commonly between the ages of 12 and 17 years, and must be provided in different forms to allow flexible curricula and systems to accommodate both academic and vocational opportunities. Notably, Article 28 does not impose the requirements that it is either free or compulsory. However, the Committee has welcomed the introduction of measures by States Parties to extend mandatory education to secondary level ( 2012c , para. 63). It also recommends measures to render secondary education free to every child ( 2011 , para. 62 (b)). Finally, States Parties must make higher education accessible to all on the basis of capacity. Although the Committee has afforded minimal attention to this provision, it has drawn attention to potential discrimination in access and recommended that States Parties take action to ensure equal opportunities for higher education for marginalised groups of children ( 2012d , para. 63 (b)).

The overarching requirements in implementing the right to education have been conceptualised as the 4As: education must be available, accessible, acceptable, and adaptable (Tomaševski, 1999 ). Availability requires that the requisite resources have been allocated to enable sufficient school places, trained teachers, equipment, books, and other materials, as well as, for example, adequate sanitation facilities, to enable every child to attend school. Accessibility necessitates that no barriers to education exist for any child whether as a consequence of discrimination, physical access, or affordability (UN Committee on Economic, Social and Cultural Rights, 1999 , para. 69 (b)). Acceptability demands that education is relevant, culturally appropriate, and of good quality (UN Committee on Economic, Social and Cultural Rights, 1999 , para. 69 (c)). Finally, adaptability requires a flexible education system that is capable of responding to the needs of a diverse range of students in a variety of different and potentially changing contexts (UN Committee on Economic, Social and Cultural Rights, 1999 , para. 69 (d)).

States Parties are encouraged to adopt a range of measures to achieve these objectives. They must ensure the ongoing collection of adequate disaggregated data to identify gaps, needs, and violations of education rights, and plan future or remedial action. Data should include, for example, primary enrolment rates and ratios by target groups, drop-out rates (including reasons for drop-out), proportion of children who are covered under publicly supported programmes and those required to pay fees, and proportion of children who attend preschool (United Nations OHCHR, 2012 , p. 93), Footnote 2 the share of household expenditure on education at the secondary or tertiary level, and the proportion of fully qualified teachers (United Nations OHCHR, 2012 , p. 93). In addition, States Parties are advised to formulate and implement national plans of action that address all elements of Article 28 and establish goals, timetables, and benchmarks. Plans should include appropriate legislative and administrative measures, for example, establishing the right to compulsory education, ensuring school leaving age consistent with the minimum age of employment (Verheyde, 2005 ), and complaints mechanisms to address, for example, school exclusions, corporal punishment, and violence in schools.

Attribute Two: Education on the Basis of Equality of Opportunity

The principle of non-discrimination and equal opportunity relating to the right to education is well-established in international human rights law and is affirmed in Article 28 of the Convention. States Parties must ensure that no child is discriminated against directly or indirectly in either the public or private sphere of education on any of the prohibited grounds elaborated in Article 2 (UN Committee on Economic, Social and Cultural Rights, 2009 ). However, it is not only permitted but also required that States Parties adopt special measures to ensure equality of access to groups of children vulnerable to unequal access to and opportunity in education (Courtis and Tobin, 2019 , p. 1077). Such measures must not result in unequal standards for different groups or continue after the objectives for which they were established have been achieved. The Committee on the Rights of Persons with Disabilities has insisted that the right to non-discrimination and education on the basis of equality includes the right not to be segregated and to be provided with reasonable accommodation and accessible learning environments ( 2016 , para. 13). The Committee on the Rights of the Child has consistently affirmed this approach ( 2019 , para. 43 (c)).

In order to monitor compliance with this obligation, States Parties must monitor relevant policies, institutions, programmes, and spending patterns to identify evidence of discrimination (UN Committee on Economic, Social and Cultural Rights, 1999 , para. 37). Data should be collected to identify any differences in access to primary or secondary education on the basis of race, colour, sex, language, religion, national, ethnic or social origin, disability, birth or other analogous status including parental circumstances, maltreatment, and cultural resistance (UN Committee on the Rights of the Child, 2006b , para. 77 (g), 2013a , para. 52 (d), 53 (f); Verheyde, 2005 ).

Where discrimination is identified, measures are required to combat the problem and prevent recurrence. Article 28 demands measures to address inequalities leading to poor attendance and early drop-out rates among some groups of children, including those in nomadic and migrant families, as a consequence of poverty, or those supporting the family through paid work or taking care of siblings and household chores (UN Committee on the Rights of the Child, 2012e ). The Committee has suggested a range of potential measures to be adopted by States Parties to promote greater equality of access and improved attendance, including:

scholarships

financial subsidies

flexible educational arrangements

enhanced provision in rural areas

affirmative action programmes

provision of free early childhood education ( 2013b ) Footnote 3

transportation, health and nutrition services, to facilitate attendance for children living in poverty (Verheyde, 2005 ) Footnote 4

alternative education programmes for children having difficulty in regular systems (including those living in remote communities) (Verheyde, 2005 )

providing educational and vocational information and guidance (Verheyde, 2005 ).

Attribute Three: School Discipline Consistent with Human Dignity

Article 28, paragraph 2, constitutes an important innovation in respect of the right to education. It demands that any school discipline must be administered in a manner consistent with the child’s dignity and in conformity with all other rights in the Convention. This requires that discipline must never violate the child’s best interests, the right to non-discrimination, or the right to be heard. Furthermore, it must not violate, for example, the right to protection from all forms of violence or cruel, inhuman, degrading treatment, or, indeed, the rights to play and recreation, to health, cultural expression or freedom of religion.

The Committee has elaborated some specific forms of punishment that can never be justified as legitimate. These include any form of corporal punishment in which ‘physical force is used and intended to cause some degree of pain or discomfort’ (UN Committee on the Rights of the Child, 2007c , para. 11). The Committee has also been uncompromising on the suggestion that some forms of corporal punishment can be tolerated if ‘reasonable’ or ‘moderate,’ asserting that such practices can never be justified as they conflict with the child’s dignity and right to physical integrity ( 2007c , para. 26). In addition, the Committee insists that punishments that serve to humiliate, denigrate, frighten or ridicule the child must never be used ( 2007c , para. 11).

Paragraph 2, which requires that States Parties take all appropriate measures, demands immediate and comprehensive action to address school discipline. The Committee has emphasised that States Parties must undertake legislative, administrative, social, and educational measures to eliminate degrading forms of punishment in both public and private schools. Furthermore, it has stressed that this is an immediate and unqualified obligation, not subject to progressive realisation ( 2007c , para. 22). It has suggested a range of practical measures to support positive discipline in schools including awareness raising campaigns, training of teachers, and the participation of children in the design and development of school discipline policies. Footnote 5

Attribute Four: International Cooperation

Paragraph 3 of Article 28 recognises the positive value of cooperation and information sharing between States Parties. Although Article 4 imposes a general obligation with respect to international cooperation, its inclusion in Article 28 highlights its specific importance in the context of education, a priority also reflected in the Jomtien Declaration on Education for All (Courtis and Tobin, 2019 , p. 1110; World Conference on Education for All, 1990 , para. 10 (1) (2)).

No specific form of assistance is mandated by paragraph 3. The obligation is to promote and encourage cooperation, which implies that all reasonable efforts are undertaken within the scope of available resources (Tobin, 2012 , pp. 330–331). It is assumed that developed states must carry a greater burden in seeking global implementation of children’s right to education (UN Committee on Economic, Social and Cultural Rights, 1991 General Comment no. 3, pp. 83-87). However, the Committee on the Rights of the Child has emphasised that states that are recipients of international aid also have an obligation to use such support effectively and efficiently ( 2002d , paras. 15–16, 2003 , para. 60 (b)).

The focus of aid elaborated in paragraph 3 is to eliminate ignorance and illiteracy and to facilitate access to scientific and technical knowledge and modern teaching methods. However, in any programme of assistance, it is imperative that account is taken of the ‘needs of developing countries’ and to ensure that it is developed in consultation with and is sensitive to social and cultural characteristics or context of any given state (Courtis and Tobin, 2019 , p. 1114). For example, children affected by emergencies including natural disasters and conflicts, commonly experience disrupted access to education, or no education at all (UN Committee on the Rights of the Child, 2007d ). When needed, States Parties must request and be provided with assistance from wealthier countries to ensure the right to education (UN Committee on the Rights of the Child, 2016b ). Its provision should be seen as a humanitarian relief measure with sufficient resources allocated to assure that education continues for children in such emergency situations (UN Committee on the Rights of the Child, 2007d ).

See, for example, concluding observations for Vietnam ( 2012a , para. 67 (b)) and Turkey ( 2012b , para. 59 (e)).

The UN Statistical Services Branch survey summarized in Leaving No One Behind (United Nations OHCHR, 2018 ) may serve as a useful guide for the collection of disaggregated data.

For additional recommendations, see ‘The Right to education’ (Courtis and Tobin, 2019 , p. 1079).

The Committee has also suggested the development of national strategies to address the high dropout rate of minority children. See, for example, concluding observations to Canada ( 2012f , para. 70 (b)) and Ecuador ( 2017b , para. 37 (a)).

See, for example, General Comment no. 8 (UN Committee on the Rights of the Child, 2007c , paras. 45–46); concluding observations for Turkey ( 2012b , para. 59 (d)), Hungary ( 2006c , para. 55), and United Kingdom and Northern Ireland ( 2002c , para. 48 (a)).

Courtis, C., & Tobin, J. (2019). Article 28: The right to education. In J. Tobin (Ed.), The UN convention on the rights of the child: A commentary (pp. 1056–1115). Oxford University Press.

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Lansdown, G., Vaghri, Z. (2022). Article 28: The Right to Education. In: Vaghri, Z., Zermatten, J., Lansdown, G., Ruggiero, R. (eds) Monitoring State Compliance with the UN Convention on the Rights of the Child. Children’s Well-Being: Indicators and Research, vol 25. Springer, Cham. https://doi.org/10.1007/978-3-030-84647-3_26

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Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 ( General Assembly resolution 217 A ) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages . The UDHR is widely recognized as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels (all containing references to it in their preambles).

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Everyone has the right to life, liberty and security of person.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Everyone has the right to recognition everywhere as a person before the law.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

No one shall be subjected to arbitrary arrest, detention or exile.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Everyone has the right to freedom of movement and residence within the borders of each state.
Everyone has the right to leave any country, including his own, and to return to his country.
Everyone has the right to seek and to enjoy in other countries asylum from persecution.
This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Everyone has the right to a nationality.
No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
Marriage shall be entered into only with the free and full consent of the intending spouses.
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Everyone has the right to freedom of peaceful assembly and association.
No one may be compelled to belong to an association.
Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
Everyone has the right of equal access to public service in his country.
The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right to form and to join trade unions for the protection of his interests.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
Parents have a prior right to choose the kind of education that shall be given to their children.
Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Everyone has duties to the community in which alone the free and full development of his personality is possible.
In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

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.

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2023: UDHR turns 75

What is the Declaration of Human Rights? Narrated by Morgan Freeman.

UN digital ambassador Elyx animates the UDHR

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To mark the 75th anniversary of the UDHR in December 2023, the United Nations has partnered once again with French digital artist YAK (Yacine Ait Kaci) – whose illustrated character Elyx is the first digital ambassador of the United Nations – on an animated version of the 30 Articles of the Universal Declaration of Human Rights.

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Watch and listen to people around the world reading articles of the Universal Declaration of Human Rights in more than 80 languages.

Women Who Shaped the Declaration

Mrs. Eleanor Roosevelt, seated at right speaking with Mrs. Hansa Mehta who stands next to her.

Women delegates from various countries played a key role in getting women’s rights included in the Declaration. Hansa Mehta of India (standing above Eleanor Roosevelt) is widely credited with changing the phrase "All men are born free and equal" to "All human beings are born free and equal" in Article 1 of the Universal Declaration of Human Rights.

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Biden Administration Releases Revised Title IX Rules

The new regulations extended legal protections to L.G.B.T.Q. students and rolled back several policies set under the Trump administration.

President Biden standing at a podium next to Education Secretary Miguel Cardona.

By Zach Montague and Erica L. Green

Reporting from Washington

The Biden administration issued new rules on Friday cementing protections for L.G.B.T.Q. students under federal law and reversing a number of Trump-era policies that dictated how schools should respond to cases of alleged sexual misconduct in K-12 schools and college campuses.

The new rules, which take effect on Aug. 1, effectively broadened the scope of Title IX, the 1972 law prohibiting sex discrimination in educational programs that receive federal funding. They extend the law’s reach to prohibit discrimination and harassment based on sexual orientation and gender identity, and widen the range of sexual harassment complaints that schools will be responsible for investigating.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Miguel A. Cardona, the education secretary, said in a call with reporters.

The rules deliver on a key campaign promise for Mr. Biden, who declared he would put a “quick end” to the Trump-era Title IX rules and faced mounting pressure from Democrats and civil rights leaders to do so.

The release of the updated rules, after two delays, came as Mr. Biden is in the thick of his re-election bid and is trying to galvanize key electoral constituencies.

Through the new regulations, the administration moved to include students in its interpretation of Bostock v. Clayton County, the landmark 2020 Supreme Court case in which the court ruled that the Civil Rights Act of 1964 protects gay and transgender workers from workplace discrimination. The Trump administration held that transgender students were not protected under federal laws, including after the Bostock ruling .

In a statement, Betsy DeVos, who served as Mr. Trump’s education secretary, criticized what she called a “radical rewrite” of the law, asserting that it was an “endeavor born entirely of progressive politics, not sound policy.”

Ms. DeVos said the inclusion of transgender students in the law gutted decades of protections and opportunities for women. She added that the Biden administration also “seeks to U-turn to the bad old days where sexual misconduct was sent to campus kangaroo courts, not resolved in a way that actually sought justice.”

While the regulations released on Friday contained considerably stronger protections for L.G.B.T.Q. students, the administration steered clear of the lightning-rod issue of whether transgender students should be able to play on school sports teams corresponding to their gender identity.

The administration stressed that while, writ large, exclusion based on gender identity violated Title IX, the new regulations did not extend to single-sex living facilities or sports teams. The Education Department is pursuing a second rule dealing with sex-related eligibility for male and female sports teams. The rule-making process has drawn more than 150,000 comments.

Under the revisions announced on Friday, instances where transgender students are subjected to a “hostile environment” through bullying or harassment, or face unequal treatment and exclusion in programs or facilities based on their gender identity, could trigger an investigation by the department’s Office for Civil Rights.

Instances where students are repeatedly referred to by a name or pronoun other than one they have chosen could also be considered harassment on a case-by-case basis.

“This is a bold and important statement that transgender and nonbinary students belong, in their schools and in their communities,” said Olivia Hunt, the policy director for the National Center for Transgender Equality.

The regulations appeared certain to draw to legal challenges from conservative groups.

May Mailman, the director of the Independent Women’s Law Center, said in a statement that the group planned to sue the administration. She said it was clear that the statute barring discrimination on the basis of “sex” means “binary and biological.”

“The unlawful omnibus regulation reimagines Title IX to permit the invasion of women’s spaces and the reduction of women’s rights in the name of elevating protections for ‘gender identity,’ which is contrary to the text and purpose of Title IX,” she said.

The existing rules, which took effect under Mr. Trump in 2020, were the first time that sexual assault provisions were codified under Title IX. They bolstered due process rights of accused students, relieved schools of some legal liabilities and laid out rigid parameters for how schools should conduct impartial investigations.

They were a sharp departure from the Obama administration’s interpretation of the law, which came in the form of unenforceable guidance documents directing schools to ramp up investigations into sexual assault complaints under the threat of losing federal funding. Scores of students who had been accused of sexual assault went on to win court cases against their colleges for violating their due process rights under the guidelines.

The Biden administration’s rules struck a balance between the Obama and Trump administration’s goals. Taken together, the regulation largely provides more flexibility for how schools conduct investigations, which advocates and schools have long lobbied for.

Catherine E. Lhamon, the head of the department’s Office for Civil Rights who also held the job under President Barack Obama, called the new rules the “most comprehensive coverage under Title IX since the regulations were first promulgated in 1975.”

They replaced a narrower definition of sex-based harassment adopted under the Trump administration with one that would include a wider range of conduct. And they reversed a requirement that schools investigate only incidents alleged to have occurred on their campuses or in their programs.

Still, some key provisions in the Trump-era rules were preserved, including one allowing informal resolutions and another prohibiting penalties against students until after an investigation.

Among the most anticipated changes was the undoing of a provision that required in-person, or so-called live hearings, in which students accused of sexual misconduct, or their lawyers, could confront and question accusers in a courtroom-like setting.

The new rules allow in-person hearings, but do not mandate them. They also require a process through which a decision maker could assess a party or witness’s credibility, including posing questions from the opposing party.

“The new regulations put an end to unfair and traumatic grievance procedures that favor harassers,” Kel O’Hara, a senior attorney at Equal Rights Advocates. “No longer will student survivors be subjected to processes that prioritize the interests of their perpetrators over their own well being and safety.”

The new rules also allow room for schools to use a “preponderance of evidence” standard, a lower burden of proof than the DeVos-era rules encouraged, through which administrators need only to determine whether it was more likely than not that sexual misconduct had occurred.

The renewed push for that standard drew criticism from legal groups who said the rule stripped away hard-won protections against flawed findings.

“When you are dealing with accusations of really one of the most heinous crimes that a person can commit — sexual assault — it’s not enough to say, ‘50 percent and a feather,’ before you brand someone guilty of this repulsive crime,” said Will Creeley, the legal director of the Foundation for Individual Rights and Expression.

The changes concluded a three-year process in which the department received 240,000 public comments. The rules also strengthen protections for pregnant students, requiring accommodations such as a bigger desk or ensuring access to elevators and prohibiting exclusion from activities based on additional needs.

Title IX was designed to end discrimination based on sex in educational programs or activities at all institutions receiving federal financial assistance, beginning with sports programs and other spaces previously dominated by male students.

The effects of the original law have been pronounced. Far beyond the impact on school programs like sports teams, many educators credit Title IX with setting the stage for academic parity today. Female college students routinely outnumber male students on campus and have become more likely than men of the same age to graduate with a four-year degree.

But since its inception, Title IX has also become a powerful vehicle through which past administrations have sought to steer schools to respond to the dynamic and diverse nature of schools and universities.

While civil rights groups were disappointed that some ambiguity remains for the L.G.B.T.Q. students and their families, the new rules were widely praised for taking a stand at a time when education debates are reminiscent to the backlash after the Supreme Court ordered schools to integrate.

More than 20 states have passed laws that broadly prohibit anyone assigned male at birth from playing on girls’ and women’s sports teams or participating in scholastic athletic programs, while 10 states have laws barring transgender people from using bathrooms based on their gender identity.

“Some adults are showing up and saying, ‘I’m going to make school harder for children,” said Liz King, senior program director of the education equity program at the Leadership Conference on Civil and Human Rights. “It’s an incredibly important rule, at an incredibly important moment.”

Schools will have to cram over the summer to implement the rules, which will require a retraining staff and overhauling procedures they implemented only four years ago.

Ted Mitchell, the president of the American Council on Education, which represents more than 1,700 colleges and universities, said in a statement that while the group welcomed the changes in the new rule, the timeline “disregards the difficulties inherent in making these changes on our nation’s campuses in such a short period of time.”

“After years of constant churn in Title IX guidance and regulations,” Mr. Mitchell said, “we hope for the sake of students and institutions that there will be more stability and consistency in the requirements going forward.”

Zach Montague is based in Washington. He covers breaking news and developments around the district. More about Zach Montague

Erica L. Green is a White House correspondent, covering President Biden and his administration. More about Erica L. Green

Biden's new Title IX rules protect LGBTQ students, but trans sports rule still on hold

Demonstrators advocate for transgender rights outside the Ohio Statehouse on Jan. 24, 2024, in Columbus.

The rights of LGBTQ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday by the Biden administration.

The new provisions are part of a revised Title IX regulation issued by the Education Department, fulfilling a campaign pledge by President Joe Biden. He had promised to dismantle rules created by former Education Secretary Betsy DeVos , who added new protections for students accused of sexual misconduct.

Notably absent from Biden’s policy, however, is any mention of transgender athletes.

The administration originally planned to include a new policy forbidding schools from enacting outright bans on transgender athletes, but that provision was put on hold. The delay is widely seen as a political maneuver during an election year in which Republicans have rallied around bans on transgender athletes in girls’ sports.

Instead, Biden is officially undoing sexual assault rules put in place by his predecessor and current election-year opponent, former President Donald Trump. The final policy drew praise from victims’ advocates, while Republicans said it erodes the rights of accused students.

The new rule makes “crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said.

“No one should face bullying or discrimination just because of who they are, who they love,” Cardona told reporters. “Sadly, this happens all too often.”

Biden’s regulation is meant to clarify schools’ obligations under Title IX , the 1972 women’s rights law that outlaws discrimination based on sex in education. It applies to colleges and elementary and high schools that receive federal money. The update is to take effect in August.

Among the biggest changes is new recognition that Title IX protects LGBTQ students — a source of deep conflict with Republicans.

The 1972 law doesn’t directly address the issue, but the new rules clarify that Title IX also forbids discrimination based on sexual orientation or gender identity. LGBTQ students who face discrimination will be entitled to a response from their school under Title IX, and those failed by their schools can seek recourse from the federal government.

Many Republicans say Congress never intended such protections under Title IX. A federal judge previously blocked Biden administration guidance to the same effect after 20 Republican-led states challenged the policy .

Rep. Virginia Foxx, a Republican from North Carolina and chair of the House Education and the Workforce Committee, said the new regulation threatens decades of advancement for women and girls.

“This final rule dumps kerosene on the already raging fire that is Democrats’ contemptuous culture war that aims to radically redefine sex and gender,” Foxx said in a statement.

The revision was proposed nearly two years ago but has been slowed by a comment period that drew 240,000 responses, a record for the Education Department.

Many of the changes are meant to ensure that schools and colleges respond to complaints of sexual misconduct. In general, the rules widen the type of misconduct that institutions are required to address, and it grants more protections to students who bring accusations.

Chief among the changes is a wider definition of sexual harassment. Schools now must address any unwelcome sex-based conduct that is so “severe or pervasive” that it limits a student’s equal access to an education.

Under the DeVos rules, conduct had to be “severe, pervasive and objectively offensive,” a higher bar that pushed some types of misconduct outside the purview of Title IX.

Colleges will no longer be required to hold live hearings to allow students to cross-examine one another through representatives — a signature provision from the DeVos rules.

Live hearings are allowed under the Biden rules, but they’re optional and carry new limits. Students must be able to participate from hearings remotely, for example, and schools must bar questions that are “unclear or harassing.”

As an alternative to live hearings, college officials can interview students separately, allowing each student to suggest questions and get a recording of the responses.

Those hearings were a major point of contention with victims’ advocates, who said it forced sexual assault survivors to face their attackers and discouraged people from reporting assaults. Supporters said it gave accused students a fair process to question their accusers, arguing that universities had become too quick to rule against accused students.

Victims’ advocates applauded the changes and urged colleges to implement them quickly.

“After years of pressure from students and survivors of sexual violence, the Biden Administration’s Title IX update will make schools safer and more accessible for young people, many of whom experienced irreparable harm while they fought for protection and support,” said Emma Grasso Levine, a senior manager at the group Know Your IX.

Despite the focus on safeguards for victims, the new rules preserve certain protections for accused students.

All students must have equal access to present evidence and witnesses under the new policy, and all students must have equal access to evidence. All students will be allowed to bring an advisor to campus hearings, and colleges must have an appeals process.

In general, accused students won’t be able to be disciplined until after they’re found responsible for misconduct, although the regulation allows for “emergency” removals if it’s deemed a matter of campus safety.

The latest overhaul continues a back-and-forth political battle as presidential administrations repeatedly rewrite the rules around campus sexual misconduct.

The DeVos rules were themselves an overhaul of an Obama-era policy that was intended to force colleges to take accusations of campus sexual assault more seriously. Now, after years of nearly constant changes, some colleges have been pushing for a political middle ground to end the whiplash.

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Biden’s new Title IX rules protect LGBTQ+ students, but avoid addressing transgender athletes

FILE - Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Notably absent from Biden’s policy, however, is any mention of transgender athletes. (AP Photo/Patrick Orsagos, File)

FILE - House Education and the Workforce Committee Chair Rep. Virginia Foxx R-N.C., speaks on Capitol Hill in Washington, April 17, 2024. The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Foxx said the new regulation threatens decades of advancement for women and girls. (AP Photo/Jose Luis Magana, File)

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The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday by the Biden administration.

Notably absent from Biden’s policy, however, is any mention of transgender athletes.

The new rule makes “crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said.

“No one should face bullying or discrimination just because of who they are, who they love,” Cardona told reporters. “Sadly, this happens all too often.”

Biden’s regulation is meant to clarify schools’ obligations under Title IX , the 1972 sex discrimination law originally passed to address women’s rights. It applies to colleges and elementary and high schools that receive federal money. The update is to take effect in August.

Among the biggest changes is new recognition that Title IX protects LGBTQ+ students — a source of deep conflict with Republicans.

The 1972 law doesn’t directly address the issue, but the new rules clarify that Title IX also forbids discrimination based on sexual orientation or gender identity. LGBTQ+ students who face discrimination will be entitled to a response from their school under Title IX, and those failed by their schools can seek recourse from the federal government.

Rep. Virginia Foxx, a Republican from North Carolina and chair of the House Education and the Workforce Committee, said the new regulation threatens decades of advancement for women and girls.

“This final rule dumps kerosene on the already raging fire that is Democrats’ contemptuous culture war that aims to radically redefine sex and gender,” Foxx said in a statement.

In the last few years, many Republican-controlled states have adopted laws restricting the rights of transgender children , including banning gender-affirming medical care for minors. And at least 11 states restrict which bathrooms and locker rooms transgender students can use, banning them from using facilities that align with their gender identity.

But the rule makes clear that treating transgender students differently from their classmates is discrimination, putting the state bathroom restrictions in jeopardy, said Francicso M. Negron Jr., an attorney who specializes in education law.

The revision was proposed nearly two years ago but has been slowed by a comment period that drew 240,000 responses, a record for the Education Department.

Under the DeVos rules, conduct had to be “severe, pervasive and objectively offensive,” a higher bar that pushed some types of misconduct outside the purview of Title IX.

Colleges will no longer be required to hold live hearings to allow students to cross-examine one another through representatives — a signature provision from the DeVos rules.

As an alternative to live hearings, college officials can interview students separately, allowing each student to suggest questions and get a recording of the responses.

Victims’ advocates applauded the changes and urged colleges to implement them quickly.

Despite the focus on safeguards for victims, the new rules preserve certain protections for accused students.

The American Council on Education, which represents higher education institutions, praised the new guidelines. But the group criticized the Aug. 1 compliance deadline. The timeline “disregards the difficulties inherent in making these changes on our nation’s campuses in such a short period of time,” ACE said in a statement.

The latest overhaul continues a back-and-forth political battle as presidential administrations repeatedly rewrite the rules around campus sexual misconduct.

DeVos criticized the new rule, writing on social media site X that it amounts to “ an assault on women and girls .” She said the new procedures for handling sexual assault accusations mark a return to “days where sexual misconduct was sent to campus kangaroo courts, not resolved in a way that actually sought justice,” she wrote.

Associated Press writers Geoff Mulvihill, Annie Ma and Moriah Balingit contributed to this report.

The Associated Press’ education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org .

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"Achieving the right to education for all is one of the biggest challenges of our times. The second International Development Goal addresses this challenge: universalizing primary education in all countries by 2015. This is also one of the main objectives set at the World Education Forum (April 2000), where the right to basic education for all was reaffirmed as a fundamental human right.

The fundamental question is how the obligations relating to the right to education undertaken by Member States under international and regional instruments are incorporated into national legal systems? This is all the more important for achieving the Dakar goals, in keeping with the commitments made by Governments for providing education for all, especially free and compulsory quality basic education. But in spite of such legal obligations and political commitments, millions of children still remain deprived of educational opportunities, many of them on account of poverty. They must have access to basic education as of right, in particular to primary education which must be free. Poverty must not be a hindrance and the claim by the poor to such education must be recognized and reinforced."

CESCR General Comment No. 13: The Right to Education (Art. 13)

Adopted at the Twenty-first Session of the Committee on Economic, Social and Cultural Rights, on 8 December 1999 (Contained in Document E/C.12/1999/10)

1. Education is both a human right in itself and an indispensable means of realizing other human rights . As an empowerment right, education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities. Education has a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy , protecting the environment, and controlling population growth. Increasingly, education is recognized as one of the best financial investments States can make. But the importance of education is not just practical: a well-educated, enlightened and active mind, able to wander freely and widely, is one of the joys and rewards of human existence.

2. The International Covenant on Economic, Social and Cultural Rights (ICESCR) devotes two articles to the right to education , articles 13 and 14. Article 13, the longest provision in the Covenant, is the most wide-ranging and comprehensive article on the right to education in international human rights law. The Committee has already adopted general comment No. 11 on article 14 (plans of action for primary education ); general comment No. 11 and the present general comment are complementary and should be considered together. The Committee is aware that for millions of people throughout the world, the enjoyment of the right to education remains a distant goal. Moreover, in many cases, this goal is becoming increasingly remote. The Committee is also conscious of the formidable structural and other obstacles impeding the full implementation of article 13 in many States parties.

3. With a view to assisting States parties’ implementation of the Covenant and the fulfilment of their reporting obligations, this general comment focuses on the normative content of article 13 (Part I, paras. 4-42), some of the obligations arising from it (Part II, paras. 43-57), and some illustrative violations (Part II, paras. 58-59). Part III briefly remarks upon the obligations of actors other than States parties. The general comment is based upon the Committee’s experience in examining States parties’ reports over many years.

1. Normative content of article 13

Article 13 (1): Aims and objectives of education

4. States parties agree that all education, whether public or private, formal or non-formal, shall be directed towards the aims and objectives identified in article 13 (1). The Committee notes that these educational objectives reflect the fundamental purposes and principles of the United Nations as enshrined in Articles 1 and 2 of the

Charter. For the most part, they are also found in article 26 (2) of the Universal Declaration of Human Rights, although article 13 (1) adds to the Declaration in three respects: education shall be directed to the human personality’s “sense of dignity”, it shall “enable all persons to participate effectively in a free society”, and it shall promote understanding among all “ethnic” groups, as well as nations and racial and religious groups. Of those educational objectives which are common to article 26 (2) of the Universal Declaration of Human Rights and article 13 (1) of the Covenant, perhaps the most fundamental is that “education shall be directed to the full development of the human personality”.

5. The Committee notes that since the General Assembly adopted the Covenant in 1966, other international instruments have further elaborated the objectives to which education should be directed. Accordingly, the Committee takes the view that States parties are required to ensure that education conforms to the aims and objectives identified in article 13 (1), as interpreted in the light of the World Declaration on Education for All (Jomtien, Thailand , 1990) (art. 1), the Convention on the Rights of the Child (art. 29 (1)), the Vienna Declaration and Programme of Action (Part I, para. 33 and Part II, para. 80), and the Plan of Action for the United Nations Decade for Human Rights Education (para. 2). While all these texts closely correspond to article 13 (1) of the Covenant, they also include elements which are not expressly provided for in article 13 (1), such as specific references to gender equality and respect for the environment. These new elements are implicit in, and reflect a contemporary interpretation of article 13 (1). The Committee obtains support for this point of view from the widespread endorsement that the previously mentioned texts have received from all regions of the world.1

Article 13 (2): The right to receive an education - some general remarks

6. While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:2

1 The World Declaration on Education for All was adopted by 155 governmental delegations; the Vienna Declaration and Programme of Action was adopted by 171 governmental delegations; the Convention on the Rights of the Child has been ratified or acceded to by 191 States parties; the Plan of Action of the United Nations Decade for Human Rights Education was adopted by a consensus resolution of the General Assembly (49/184).

2 This approach corresponds with the Committee’s analytical framework adopted in relation to the rights to adequate housing and food, as well as the work of the United Nations Special Rapporteur on the right to education. In its general comment No. 4, the Committee identified a number of factors which bear upon the right to adequate housing, including “availability”, “affordability”, “accessibility” and “cultural adequacy”. In its general comment No. 12, the Committee identified elements of the right to adequate food, such as “availability”, “acceptability” and “accessibility”. In her preliminary report to the Commission on Human Rights, the Special Rapporteur on the right to education sets out “four essential features that primary schools should exhibit, namely availability, accessibility, acceptability and adaptability”, (E/CN.4/1999/49, para. 50).

(a) Availability. Functioning educational institutions and programmes have to be available in sufficient quantity within the jurisdiction of the State party. What they require to function depends upon numerous factors, including the developmental context within which they operate; for example, all institutions and programmes are likely to require buildings or other protection from the elements, sanitation facilities for both sexes, safe drinking water, trained teachers receiving domestically competitive salaries, teaching materials, and so on; while some will also require facilities such as a library, computer facilities and information technology;

(b) Accessibility. Educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions:

Non-discrimination - education must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination on any of the prohibited grounds (see paras. 31-37 on non-discrimination);

Physical accessibility - education has to be within safe physical reach, either by attendance at some reasonably convenient geographic location (e.g. a neighbourhood school ) or via modern technology (e.g. access to a “distance learning” programme);

Economic accessibility - education has to be affordable to all. This dimension of accessibility is subject to the differential wording of article 13 (2) in relation to primary, secondary and higher education : whereas primary education shall be available “free to all”, States parties are required to progressively introduce free secondary and higher education;

(c) Acceptability - the form and substance of education, including curricula and teaching methods, have to be acceptable (e.g. relevant, culturally appropriate and of good quality) to students and, in appropriate cases, parents; this is subject to the educational objectives required by article 13 (1) and such minimum educational standards as may be approved by the State (see art. 13 (3) and (4));

(d) Adaptability - education has to be flexible so it can adapt to the needs of changing societies and communities and respond to the needs of students within their diverse social and cultural settings.

7. When considering the appropriate application of these “interrelated and essential features” the best interests of the student shall be a primary consideration.

Article 13 (2) (a): The right to primary education

8. Primary education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels.3

9. The Committee obtains guidance on the proper interpretation of the term “primary education” from the World Declaration on Education for All which states: “The main delivery system for the basic education of children outside the family is primary schooling. Primary education must be universal, ensure that the basic learning needs of all children are satisfied, and take into account the culture , needs and opportunities of the community” (art. 5). “[B]asic learning needs” are defined in article 1 of the World Declaration.4 While primary education is not synonymous with basic education, there is a close correspondence between the two. In this regard, the Committee endorses the position taken by UNICEF: “Primary education is the most important component of basic education.” 5

10. As formulated in article 13 (2) (a), primary education has two distinctive features: it is “compulsory” and “available free to all”. For the Committee’s observations on both terms, see paragraphs 6 and 7 of general comment No. 11 on article 14 of the Covenant.

Article 13 (2) (b): The right to secondary education

11. Secondary education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels.6

12. While the content of secondary education will vary among States parties and over time, it includes completion of basic education and consolidation of the foundations for life-long learning and human development. It prepares students for vocational and higher educational opportunities.7 Article 13 (2) (b) applies to secondary education “in its different forms”, thereby recognizing that secondary education demands flexible curricula and varied delivery systems to respond to the needs of students in different social and cultural settings. The Committee encourages

3 See paragraph 6.

4 The Declaration defines “basic learning needs” as: “essential learning tools (such as literacy , oral expression, numeracy, and problem solving) and the basic learning content (such as knowledge, skills, values, and attitudes) required by human beings to be able to survive, to develop their full capacities, to live and work in dignity, to participate fully in development, to improve the quality of their lives, to make informed decisions, and to continue learning” (article 1).

5 Advocacy Kit, Basic Education 1999 (UNICEF), sect. 1, p. 1.

6 See paragraph 6.

7 See International Standard Classification of Education 1997, UNESCO, paragraph 52.

“alternative” educational programmes which parallel regular secondary school systems.

13. According to article 13 (2) (b), 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 ”. The phrase “generally available” signifies, firstly, that secondary education is not dependent on a student’s apparent capacity or ability and, secondly, that secondary education will be distributed throughout the State in such a way that it is available on the same basis to all. For the Committee’s interpretation of “accessible”, see paragraph 6 above. The phrase “every appropriate means” reinforces the point that States parties should adopt varied and innovative approaches to the delivery of secondary education in different social and cultural contexts.

14. “[P]rogressive introduction of free education” means that while States must prioritize the provision of free primary education, they also have an obligation to take concrete steps towards achieving free secondary and higher education. For the Committee’s general observations on the meaning of the word “free”, see paragraph 7 of general comment No. 11 on article 14.

Technical and vocational education

15. Technical and vocational education (TVE) forms part of both the right to education and the right to work (art. 6 (2)). Article 13 (2) (b) presents TVE as part of secondary education, reflecting the particular importance of TVE at this level of education. Article 6 (2), however, does not refer to TVE in relation to a specific level of education; it comprehends that TVE has a wider role, helping “to achieve steady economic, social and cultural development and full and productive employment”. Also, the Universal Declaration of Human Rights states that “[t]echnical and professional education shall be made generally available” (art. 26 (1)). Accordingly, the Committee takes the view that TVE forms an integral element of all levels of education.8

16. An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of “all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life” (art. 1 (a)).

8 A view also reflected in the Human Resources Development Convention 1975 (Convention No. 142) and the Social Policy (Basic Aims and Standards) Convention 1962 (Convention No. 117) of the International Labour Organization.

This view is also reflected in certain ILO Conventions.9 Understood in this way, the right to TVE includes the following aspects:

(a) It enables students to acquire knowledge and skills which contribute to their personal development, self-reliance and employability and enhances the productivity of their families and communities, including the State party’s economic and social development;

(b) It takes account of the educational, cultural and social background of the population concerned; the skills, knowledge and levels of qualification needed in the various sectors of the economy ; and occupational health , safety and welfare ;

(c) Provides retraining for adults whose current knowledge and skills have become obsolete owing to technological, economic, employment, social or other changes;

(d) It consists of programmes which give students, especially those from developing countries, the opportunity to receive TVE in other States, with a view to the appropriate transfer and adaptation of technology;

(e) It consists, in the context of the Covenant’s non-discrimination and equality provisions, of programmes which promote the TVE of women, girls, out-of-school youth, unemployed youth, the children of migrant workers, refugees, persons with disabilities and other disadvantaged groups.

Article 13 (2) (c): The right to higher education

17. Higher education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms at all levels.10

18. While article 13 (2) (c) is formulated on the same lines as article 13 (2) (b), there are three differences between the two provisions. Article 13 (2) (c) does not include a reference to either education “in its different forms” or specifically to TVE. In the Committee’s opinion, these two omissions reflect only a difference of emphasis between article 13 (2) (b) and (c). If higher education is to respond to the needs of students in different social and cultural settings, it must have flexible curricula and varied delivery systems, such as distance learning; in practice, therefore, both secondary and higher education have to be available “in different forms”. As for the lack of reference in article 13 (2) (c) to technical and vocational education, given article 6 (2) of the Covenant and article 26 (1) of the Universal Declaration, TVE forms an integral component of all levels of education, including higher education.11

9 See note 8.

10 See paragraph 6.

11 See paragraph 15.

19. The third and most significant difference between article 13 (2) (b) and (c) is that while secondary education “shall be made generally available and accessible to all”, higher education “shall be made equally accessible to all, on the basis of capacity”. According to article 13 (2) (c), higher education is not to be “generally available”, but only available “on the basis of capacity”. The “capacity” of individuals should be assessed by reference to all their relevant expertise and experience.

20. So far as the wording of article 13 (2) (b) and (c) is the same (e.g. “the progressive introduction of free education”), see the previous comments on article 13 (2) (b).

Article 13 (2) (d): The right to fundamental education

21. Fundamental education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels.12

22. In general terms, fundamental education corresponds to basic education as set out in the World Declaration on Education For All.13 By virtue of article 13 (2) (d), individuals “who have not received or completed the whole period of their primary education” have a right to fundamental education, or basic education as defined in the World Declaration on Education For All.

23. Since everyone has the right to the satisfaction of their “basic learning needs” as understood by the World Declaration, the right to fundamental education is not confined to those “who have not received or completed the whole period of their primary education”. The right to fundamental education extends to all those who have not yet satisfied their “basic learning needs”.

24. It should be emphasized that enjoyment of the right to fundamental education is not limited by age or gender; it extends to children, youth and adults, including older persons. Fundamental education, therefore, is an integral component of adult education and life-long learning. Because fundamental education is a right of all age groups, curricula and delivery systems must be devised which are suitable for students of all ages.

Article 13 (2) (e): A school system; adequate fellowship system; material conditions of teaching staff

25. The requirement that the “development of a system of schools at all levels shall be actively pursued” means that a State party is obliged to have an overall developmental strategy for its school system. The strategy must encompass schooling at all levels, but the Covenant requires States parties to prioritize primary education

12 See paragraph 6.

13 See paragraph 9.

(see para. 51). “[A]ctively pursued” suggests that the overall strategy should attract a degree of governmental priority and, in any event, must be implemented with vigour.

26. The requirement that “an adequate fellowship system shall be established” should be read with the Covenant’s non-discrimination and equality provisions; the fellowship system should enhance equality of educational access for individuals from disadvantaged groups.

27. While the Covenant requires that “the material conditions of teaching staff shall be continuously improved”, in practice the general working conditions of teachers have deteriorated, and reached unacceptably low levels, in many States parties in recent years. Not only is this inconsistent with article 13 (2) (e), but it is also a major obstacle to the full realization of students’ right to education. The Committee also notes the relationship between articles 13 (2) (e), 2 (2), 3 and 6-8 of the Covenant, including the right of teachers to organize and bargain collectively; draws the attention of States parties to the joint UNESCO-ILO Recommendation Concerning the Status of Teachers (1966) and the UNESCO Recommendation Concerning the Status of Higher-Education Teaching Personnel (1997); and urges States parties to report on measures they are taking to ensure that all teaching staff enjoy the conditions and status commensurate with their role.

Article 13 (3) and (4): The right to educational freedom

28. Article 13 (3) has two elements, one of which is that States parties undertake to respect the liberty of parents and guardians to ensure the religious and moral education of their children in conformity with their own convictions.14 The Committee is of the view that this element of article 13 (3) permits public school instruction in subjects such as the general history of religions and ethics if it is given in an unbiased and objective way, respectful of the freedoms of opinion, conscience and expression. It notes that public education that includes instruction in a particular religion or belief is inconsistent with article 13 (3) unless provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians.

29. The second element of article 13 (3) is the liberty of parents and guardians to choose other than public schools for their children, provided the schools conform to “such minimum educational standards as may be laid down or approved by the State”. This has to be read with the complementary provision, article 13 (4), which affirms “the liberty of individuals and bodies to establish and direct educational institutions”, provided the institutions conform to the educational objectives set out in article 13 (1) and certain minimum standards. These minimum standards may relate to issues such

14 This replicates article 18 (4) of the International Covenant on Civil and Political Rights (ICCPR) and also relates to the freedom to teach a religion or belief as stated in article 18 (1) ICCPR. (See Human Rights Committee general comment No. 22 on article 18 ICCPR, forty-eighth session, 1993.) The Human Rights Committee notes that the fundamental character of article 18 ICCPR is reflected in the fact that this provision cannot be derogated from, even in time of public emergency, as stated in article 4 (2) of that Covenant.

as admission, curricula and the recognition of certificates. In their turn, these standards must be consistent with the educational objectives set out in article 13 (1).

30. Under article 13 (4), everyone, including non-nationals, has the liberty to establish and direct educational institutions. The liberty also extends to “bodies”, i.e. legal persons or entities. It includes the right to establish and direct all types of educational institutions, including nurseries, universities and institutions for adult education. Given the principles of non-discrimination, equal opportunity and effective participation in society for all, the State has an obligation to ensure that the liberty set out in article 13 (4) does not lead to extreme disparities of educational opportunity for some groups in society.

Article 13: Special topics of broad application

Non-discrimination and equal treatment

31. The prohibition against discrimination enshrined in article 2 (2) of the Covenant is subject to neither progressive realization nor the availability of resources; it applies fully and immediately to all aspects of education and encompasses all internationally prohibited grounds of discrimination. The Committee interprets articles 2 (2) and 3 in the light of the UNESCO Convention against Discrimination in Education, the relevant provisions of the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child and the ILO Indigenous and Tribal Peoples Convention, 1989 (Convention No. 169), and wishes to draw particular attention to the following issues.

32. The adoption of temporary special measures intended to bring about de facto equality for men and women and for disadvantaged groups is not a violation of the right to non-discrimination with regard to education, so long as such measures do not lead to the maintenance of unequal or separate standards for different groups, and provided they are not continued after the objectives for which they were taken have been achieved.

33. In some circumstances, separate educational systems or institutions for groups defined by the categories in article 2 (2) shall be deemed not to constitute a breach of the Covenant. In this regard, the Committee affirms article 2 of the UNESCO Convention against Discrimination in Education (1960).15

15 According to article 2:

“When permitted in a State, the following situations shall not be deemed to constitute discrimination, within the meaning of article 1 of this Convention:

(a) The establishment or maintenance of separate educational systems or institutions for pupils of the two sexes, if these systems or institutions offer equivalent access to education, provide a teaching staff with qualifications of the same standard as well as

34. The Committee takes note of article 2 of the Convention on the Rights of the Child and article 3 (e) of the UNESCO Convention against Discrimination in Education and confirms that the principle of non-discrimination extends to all persons of school age residing in the territory of a State party, including non-nationals, and irrespective of their legal status.

35. Sharp disparities in spending policies that result in differing qualities of education for persons residing in different geographic locations may constitute discrimination under the Covenant.

36. The Committee affirms paragraph 35 of its general comment No. 5, which addresses the issue of persons with disabilities in the context of the right to education, and paragraphs 36-42 of its general comment No. 6, which address the issue of older persons in relation to articles 13-15 of the Covenant.

37. States parties must closely monitor education - including all relevant policies, institutions, programmes, spending patterns and other practices - so as to identify and take measures to redress any de facto discrimination. Educational data should be disaggregated by the prohibited grounds of discrimination.

Academic freedom and institutional autonomy16

38. In the light of its examination of numerous States parties’ reports, the Committee has formed the view that the right to education can only be enjoyed if accompanied by the academic freedom of staff and students. Accordingly, even though the issue is not explicitly mentioned in article 13, it is appropriate and necessary for the Committee to make some observations about academic freedom. The following remarks give particular attention to institutions of higher education because, in the Committee’s experience, staff and students in higher education are especially vulnerable to political and other pressures which undermine academic

school premises and equipment of the same quality, and afford the opportunity to take the same or equivalent courses of study; (b) The establishment or maintenance, for religious or linguistic reasons, of separate educational systems or institutions offering an education which is in keeping with the wishes of the pupil’s parents or legal guardians, if participation in such systems or attendance at such institutions is optional and if the education provided conforms to such standards as may be laid down or approved by the competent authorities, in particular for education of the same level;

(c) The establishment or maintenance of private educational institutions, if the object of the institutions is not to secure the exclusion of any group but to provide educational facilities in addition to those provided by the public authorities, if the institutions are conducted in accordance with that object, and if the education provided conforms with such standards as may be laid down or approved by the competent authorities, in particular for education of the same level.”

16 See UNESCO Recommendation Concerning the Status of Higher-Education Teaching Personnel (1997).

freedom. The Committee wishes to emphasize, however, that staff and students throughout the education sector are entitled to academic freedom and many of the following observations have general application.

39. Members of the academic community, individually or collectively, are free to pursue, develop and transmit knowledge and ideas, through research, teaching, study, discussion, documentation, production, creation or writing. Academic freedom includes the liberty of individuals to express freely opinions about the institution or system in which they work, to fulfil their functions without discrimination or fear of repression by the State or any other actor, to participate in professional or representative academic bodies, and to enjoy all the internationally recognized human rights applicable to other individuals in the same jurisdiction. The enjoyment of academic freedom carries with it obligations, such as the duty to respect the academic freedom of others, to ensure the fair discussion of contrary views, and to treat all without discrimination on any of the prohibited grounds.

40. The enjoyment of academic freedom requires the autonomy of institutions of higher education. Autonomy is that degree of self-governance necessary for effective decision-making by institutions of higher education in relation to their academic work, standards, management and related activities. Self-governance, however, must be consistent with systems of public accountability, especially in respect of funding provided by the State. Given the substantial public investments made in higher education, an appropriate balance has to be struck between institutional autonomy and accountability. While there is no single model, institutional arrangements should be fair, just and equitable, and as transparent and participatory as possible.

Discipline in schools17

41. In the Committee’s view, corporal punishment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration of Human Rights and both Covenants: the dignity of the individual.18 Other aspects of school discipline may also be inconsistent with human dignity, such as public humiliation. Nor should any form of discipline breach other rights under the Covenant, such as the right to food . A State party is required to take measures to ensure that discipline which is inconsistent with the Covenant does not occur in any public or private educational institution within its jurisdiction. The Committee welcomes initiatives taken by some States parties which actively encourage schools to introduce “positive”, non-violent approaches to school discipline.

17 In formulating this paragraph, the Committee has taken note of the practice evolving elsewhere in the international human rights system, such as the interpretation given by the Committee on the Rights of the Child to article 28 (2) of the Convention on the Rights of the Child, as well as the Human Rights Committee’s interpretation of article 7 of ICCPR.

18 The Committee notes that, although it is absent from article 26 (2) of the Declaration, the drafters of ICESCR expressly included the dignity of the human personality as one of the mandatory objectives to which all education is to be directed (art. 13 (1)).

Limitations on article 13

42. The Committee wishes to emphasize that the Covenant’s limitations clause, article 4, is primarily intended to be protective of the rights of individuals rather than permissive of the imposition of limitations by the State. Consequently, a State party which closes a university or other educational institution on grounds such as national security or the preservation of public order has the burden of justifying such a serious measure in relation to each of the elements identified in article 4.

2. States parties’ obligations and violations

General legal obligations

43. While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect.19 States parties have immediate obligations in relation to the right to education, such as the “guarantee” that the right “will be exercised without discrimination of any kind” (art. 2 (2)) and the obligation “to take steps” (art. 2 (1)) towards the full realization of article 13.20 Such steps must be “deliberate, concrete and targeted” towards the full realization of the right to education.

44. The realization of the right to education over time, that is “progressively”, should not be interpreted as depriving States parties’ obligations of all meaningful content. Progressive realization means that States parties have a specific and continuing obligation “to move as expeditiously and effectively as possible” towards the full realization of article 13.21

45. There is a strong presumption of impermissibility of any retrogressive measures taken in relation to the right to education, as well as other rights enunciated in the Covenant. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the State party’s maximum available resources.22

46. The right to education, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide.

19 See the Committee’s general comment No. 3, paragraph 1.

20 See the Committee’s general comment No. 3, paragraph 2.

21 See the Committee’s general comment No. 3, paragraph 9.

22 See the Committee’s general comment No. 3, paragraph 9.

47. The obligation to respect requires States parties to avoid measures that hinder or prevent the enjoyment of the right to education. The obligation to protect requires States parties to take measures that prevent third parties from interfering with the enjoyment of the right to education. The obligation to fulfil (facilitate) requires States to take positive measures that enable and assist individuals and communities to enjoy the right to education. Finally, States parties have an obligation to fulfil (provide) the right to education. As a general rule, States parties are obliged to fulfil (provide) a specific right in the Covenant when an individual or group is unable, for reasons beyond their control, to realize the right themselves by the means at their disposal. However, the extent of this obligation is always subject to the text of the Covenant.

48. In this respect, two features of article 13 require emphasis. First, it is clear that article 13 regards States as having principal responsibility for the direct provision of education in most circumstances; States parties recognize, for example, that the “development of a system of schools at all levels shall be actively pursued” (art. 13 (2) (e)). Secondly, given the differential wording of article 13 (2) in relation to primary, secondary, higher and fundamental education, the parameters of a State party’s obligation to fulfil (provide) are not the same for all levels of education. Accordingly, in light of the text of the Covenant, States parties have an enhanced obligation to fulfil (provide) regarding the right to education, but the extent of this obligation is not uniform for all levels of education. The Committee observes that this interpretation of the obligation to fulfil (provide) in relation to article 13 coincides with the law and practice of numerous States parties.

Specific legal obligations

49. States parties are required to ensure that curricula, for all levels of the educational system, are directed to the objectives identified in article 13 (1).23 They are also obliged to establish and maintain a transparent and effective system which monitors whether or not education is, in fact, directed to the educational objectives set out in article 13 (1).

50. In relation to article 13 (2), States have obligations to respect, protect and fulfil each of the “essential features” (availability, accessibility, acceptability, adaptability) of the right to education. By way of illustration, a State must respect the availability of education by not closing private schools; protect the accessibility of education by ensuring that third parties, including parents and employers, do not stop girls from going to school; fulfil (facilitate) the acceptability of education by taking positive measures to ensure that education is culturally appropriate for minorities and

23 There are numerous resources to assist States parties in this regard, such as UNESCO’s Guidelines for Curriculum and Textbook Development in International Education (ED/ECS/HCI). One of the objectives of article 13 (1) is to “strengthen the respect of human rights and fundamental freedoms”; in this particular context, States parties should examine the initiatives developed within the framework of the United Nations Decade for Human Rights Education - especially instructive is the Plan of Action for the Decade, adopted by the General Assembly in 1996, and the Guidelines for National Plans of Action for Human Rights Education, developed by the Office of the High Commissioner for Human Rights to assist States in responding to the United Nations Decade for Human Rights Education.

indigenous peoples , and of good quality for all; fulfil (provide) the adaptability of education by designing and providing resources for curricula which reflect the contemporary needs of students in a changing world; and fulfil (provide) the availability of education by actively developing a system of schools, including building classrooms, delivering programmes, providing teaching materials, training teachers and paying them domestically competitive salaries.

51. As already observed, the obligations of States parties in relation to primary, secondary, higher and fundamental education are not identical. Given the wording of article 13 (2), States parties are obliged to prioritize the introduction of compulsory, free primary education.24 This interpretation of article 13 (2) is reinforced by the priority accorded to primary education in article 14. The obligation to provide primary education for all is an immediate duty of all States parties.

52. In relation to article 13 (2) (b)-(d), a State party has an immediate obligation “to take steps” (art. 2 (1)) towards the realization of secondary, higher and fundamental education for all those within its jurisdiction. At a minimum, the State party is required to adopt and implement a national educational strategy which includes the provision of secondary, higher and fundamental education in accordance with the Covenant. This strategy should include mechanisms, such as indicators and benchmarks on the right to education, by which progress can be closely monitored.

53. Under article 13 (2) (e), States parties are obliged to ensure that an educational fellowship system is in place to assist disadvantaged groups.25 The obligation to pursue actively the “development of a system of schools at all levels” reinforces the principal responsibility of States parties to ensure the direct provision of the right to education in most circumstances.26

54. States parties are obliged to establish “minimum educational standards” to which all educational institutions established in accordance with article 13 (3) and (4) are required to conform. They must also maintain a transparent and effective system to monitor such standards. A State party has no obligation to fund institutions established in accordance with article 13 (3) and (4); however, if a State elects to make a financial contribution to private educational institutions, it must do so without discrimination on any of the prohibited grounds.

55. States parties have an obligation to ensure that communities and families are not dependent on child labour . The Committee especially affirms the importance of

24 On the meaning of “compulsory” and “free”, see paragraphs 6 and 7 of general comment No. 11 on article 14.

25 In appropriate cases, such a fellowship system would be an especially appropriate target for the international assistance and cooperation anticipated by article 2 (1).

26 In the context of basic education, UNICEF has observed: “Only the State … can pull together all the components into a coherent but flexible education system”. UNICEF, The State of the World’s Children, 1999, “The education revolution”, page 77.

education in eliminating child labour and the obligations set out in article 7 (2) of the Worst Forms of Child Labour Convention, 1999 (Convention No. 182).27 Additionally, given article 2 (2), States parties are obliged to remove gender and other stereotyping which impedes the educational access of girls, women and other disadvantaged groups.

56. In its general comment No. 3, the Committee drew attention to the obligation of all States parties to take steps, “individually and through international assistance and cooperation, especially economic and technical”, towards the full realization of the rights recognized in the Covenant, such as the right to education.28 Articles 2 (1) and 23 of the Covenant, Article 56 of the Charter of the United Nations, article 10 of the World Declaration on Education for All, and Part I, paragraph 34 of the Vienna Declaration and Programme of Action all reinforce the obligation of States parties in relation to the provision of international assistance and cooperation for the full realization of the right to education. In relation to the negotiation and ratification of international agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to education. Similarly, States parties have an obligation to ensure that their actions as members of international organizations, including international financial institutions, take due account of the right to education.

57. In its general comment No. 3, the Committee confirmed that States parties have “a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels” of each of the rights enunciated in the Covenant, including “the most basic forms of education”. In the context of article 13, this core includes an obligation: to ensure the right of access to public educational institutions and programmes on a non-discriminatory basis; to ensure that education conforms to the objectives set out in article 13 (1); to provide primary education for all in accordance with article 13 (2) (a); to adopt and implement a national educational strategy which includes provision for secondary, higher and fundamental education; and to ensure free choice of education without interference from the State or third parties, subject to conformity with “minimum educational standards” (art. 13 (3) and (4)).

58. When the normative content of article 13 (Part I) is applied to the general and specific obligations of States parties (Part II), a dynamic process is set in motion which facilitates identification of violations of the right to education. Violations of article 13 may occur through the direct action of States parties (acts of commission) or through their failure to take steps required by the Covenant (acts of omission).

27 According to article 7 (2), “(e)ach Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures to: (c) ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour” (ILO Convention 182, Worst Forms of Child Labour, 1999).

28 See the Committee’s general comment No. 3, paragraphs 13-14.

59. By way of illustration, violations of article 13 include: the introduction or failure to repeal legislation which discriminates against individuals or groups, on any of the prohibited grounds, in the field of education; the failure to take measures which address de facto educational discrimination; the use of curricula inconsistent with the educational objectives set out in article 13 (1); the failure to maintain a transparent and effective system to monitor conformity with article 13 (1); the failure to introduce, as a matter of priority, primary education which is compulsory and available free to all; the failure to take “deliberate, concrete and targeted” measures towards the progressive realization of secondary, higher and fundamental education in accordance with article 13 (2) (b)-(d); the prohibition of private educational institutions; the failure to ensure private educational institutions conform to the “minimum educational standards” required by article 13 (3) and (4); the denial of academic freedom of staff and students; the closure of educational institutions in times of political tension in non-conformity with article 4.

3. Obligations of actors other than States parties

60. Given article 22 of the Covenant, the role of the United Nations agencies, including at the country level through the United Nations Development Assistance Framework (UNDAF), is of special importance in relation to the realization of article 13. Coordinated efforts for the realization of the right to education should be maintained to improve coherence and interaction among all the actors concerned, including the various components of civil society. UNESCO, the United Nations Development Programme, UNICEF, ILO, the World Bank, the regional development banks, the International Monetary Fund and other relevant bodies within the United Nations system should enhance their cooperation for the implementation of the right to education at the national level, with due respect to their specific mandates, and building on their respective expertise. In particular, the international financial institutions, notably the World Bank and IMF, should pay greater attention to the protection of the right to education in their lending policies, credit agreements, structural adjustment programmes and measures taken in response to the debt crisis.29 When examining the reports of States parties, the Committee will consider the effects of the assistance provided by all actors other than States parties on the ability of States to meet their obligations under article 13. The adoption of a human rights-based approach by United Nations specialized agencies, programmes and bodies will greatly facilitate implementation of the right to education.

29 See the Committee’s general comment No. 2, paragraph 9.

IMAGES

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VIDEO

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COMMENTS

d) General Comment No. 13: The right to education (article 13) (1999
Article 13, the longest provision in the Covenant, is the most wide-ranging and comprehensive article on the right to education in international human rights law. The Committee has already adopted General Comment 11 on article 14 (plans of action for primary education); General Comment 11 and the present general comment are complementary and ...
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The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted by the UN General Assembly in 1966. Article 13 is the most comprehensive article on the right to education. It recognises the universal right to education without discrimination of any kind and sets forward a framework to achieve the full realisation of this ...
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Oxford Public International Law: 15 Article 13: The Right to Education
Article 13 is the longest in the Covenant and it makes detailed provision concerning a wide range of issues related to education. The Article lays down specific requirements for different levels of education: primary, secondary, higher and fundamental education (Article 13(2)).
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For its part, article 13 of the Framework Convention for the Protection of National Minorities provides that "persons belonging to a national minority have the right to set up and to manage their own private educational and training establishments."21 Article 14 of the same text guarantees minorities the right to learn their own language.
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FREEDOM, DEMOCRACY, AND THE RIGHT TO EDUCATION
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