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Right to Education

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A primary, guiding text on the right to education is the International Covenant on Economic, Social and Cultural Rights which provides:

Article 13:

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognized that, with a view to achieving the full realization of this right:

(a) Primary education shall be compulsory and available free to all;

(b) Secondary education in its different forms, including technical and vocational 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;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum education standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph 1 of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 14:

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge to all.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rightsbear non-derogable core obligations with respect to the right to education. States are obligated to ensure:

  • non-discriminatory physical and economic access to functioning educational institutions and programs available in sufficient quantity within a State Party’s jurisdiction;
  • acceptability in terms of the form and substance of the education, including curricula and teaching methods;
  • adaptable education that responds to the needs of students within their diverse social and cultural settings (See Module 17 on “Cultural Rights” from Circle of Rights);
  • compulsory primary education available free to all;
  • secondary education in its different forms generally made available and accessible to all by every appropriate means;
  • higher education in its different forms made available on the basis of capacity;
  • technical and vocational education made generally available;
  • the right to educational freedom, including: (1) respect for the liberty of parents and guardians to ensure the religious and moral education of their children in conformity with their own convictions, and (2) the liberty of parents and guardians to choose educational institutions 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;
  • the obligation of the State to ensure that the liberty of everyone to establish and direct educational institutions does not lead to extreme disparities of educational opportunity for some groups in society;
  • continuous improvement of the material conditions of teaching staff;
  • an overall developmental strategy for school systems;
  • an adequate fellowship system; and
  • the academic freedom to pursue, develop and transmit knowledge and ideas through research, teaching, study, discussion, documentation, production, creation or writing.

Two important quantifying and qualifying tools that are useful when monitoring program service delivery on the right to education are the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights and the millennium development goals

Right to Education Dossier

Key Right to Education Cases and Developments

Significant advances toward the full realization of the right to education continue to be made. Some initial resources on the right are:

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