Page 29 - Šolsko polje, XXXI, 2020, 3-4: Convention on the Rights of the Child: Educational Opportunities and Social Justice, eds. Zdenko Kodelja and Urška Štremfel
P. 29
plementation and Protection
of the Child’s Right to Education
Suzana Kraljić, Faculty of Law, University of Maribor
Introduction
The right to education may be dated back to 1791 when it was first
mentioned in Article 1 of the then French Constitution. In 1793,
it was also included in the Declaration of the Rights of Man and
of the Citizen (Article 22). According to the Constitution of 1791 and
the Declaration of 1793, the right to education meant the right to pub-
lic education or schooling, as provided by the state and available free
of charge to all citizens (Šimenc and Kodelja, 2015, p. 197). In 1921, the
International Labour Organization (ILO) adopted the Co10 – Minimum
Age (Agriculture) Convention (No. 10), one of the most important mile-
stones in the child’s right to education. Article 1 of the Convention states:
“Children under the age of fourteen years may not be employed or work
in any public or private agricultural undertaking, or in any branch there-
of, save outside the hours fixed for school attendance. If they are employed
outside the hours of school attendance, the employment shall not be such
as to prejudice their attendance at school.” Still, for millions of children
throughout the world, enjoyment of the right to education remains a dis-
tant goal. Their age and (im)maturity make children a vulnerable group
of the population, one provided with special protection by international
and national legal acts. Despite the general vulnerability of children, in-
dividual groups of children are particularly vulnerable due to their health
(e.g. children with a disability) or the circumstances (e.g. Roma, child sol-
diers, children facing domestic violence or poverty) in which they find
themselves. These children have many of their human and child’s rights
https://doi.org/10.32320/1581-6044.31(3-4)27-44 27
Scientific review article
of the Child’s Right to Education
Suzana Kraljić, Faculty of Law, University of Maribor
Introduction
The right to education may be dated back to 1791 when it was first
mentioned in Article 1 of the then French Constitution. In 1793,
it was also included in the Declaration of the Rights of Man and
of the Citizen (Article 22). According to the Constitution of 1791 and
the Declaration of 1793, the right to education meant the right to pub-
lic education or schooling, as provided by the state and available free
of charge to all citizens (Šimenc and Kodelja, 2015, p. 197). In 1921, the
International Labour Organization (ILO) adopted the Co10 – Minimum
Age (Agriculture) Convention (No. 10), one of the most important mile-
stones in the child’s right to education. Article 1 of the Convention states:
“Children under the age of fourteen years may not be employed or work
in any public or private agricultural undertaking, or in any branch there-
of, save outside the hours fixed for school attendance. If they are employed
outside the hours of school attendance, the employment shall not be such
as to prejudice their attendance at school.” Still, for millions of children
throughout the world, enjoyment of the right to education remains a dis-
tant goal. Their age and (im)maturity make children a vulnerable group
of the population, one provided with special protection by international
and national legal acts. Despite the general vulnerability of children, in-
dividual groups of children are particularly vulnerable due to their health
(e.g. children with a disability) or the circumstances (e.g. Roma, child sol-
diers, children facing domestic violence or poverty) in which they find
themselves. These children have many of their human and child’s rights
https://doi.org/10.32320/1581-6044.31(3-4)27-44 27
Scientific review article
