Page 32 - 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. 32
šolsko polje, letnik xxxi, številka 3–4
2014, p. 150). Therefore, primary education is seen as the “passport to life”
(Tawil and Cougoureux, 2013, p. 7). Primary education may be seen as
an investment in the child’s future and an opportunity for joyful activ-
ities, respect, participation, and the fulfilment of ambitions (Committee
on the Rights of the Child, 2013, p. 17). It should therefore be free so as
to make it possible to include all children in primary education. The need
for free and compulsory primary education constitutes the hallmark of
international treaties and national constitutions (e.g. Slovenia (Art. 57);3
Croatia (Art. 66); Egypt (Art. 19); Latvia (Art. 122); Montenegro (Art.
75 and Art. 79(4)); Norway (Art. 109); Russia (Art. 43); Tajikistan (Art.
41); Ukraine (Art. 53) etc.) and legal acts on which the right to education
is based.
The following international treaties provide the international legal
framework of the right to education with the intention of securing free
and compulsory education for all children:
a) Article 26 of the Universal Declaration of Human Rights (1948):
“Education shall be free, at least in the elementary and fundamental
stages. Elementary education shall be compulsory”;
b) the UNESCO Convention against Discrimination in Education
(1960): “The States Parties to this Convention undertake to formu-
late, develop and apply a national policy which, ... will tend to pro-
mote equality of opportunity and of treatment ... and in particular:
(a) To make primary education free and compulsory”;
c) Article 13 of the International Covenant on Economic, Social and
Cultural Rights (1966): “Primary education shall be compulsory
and available free for all”;
d) Article 2 of Protocol No. 1 of the European Convention on Human
Rights: “No person shall be denied the right to education”;
e) Article 11 of the African Charter on the Rights and Welfare of the
Child (1990): “States Parties to the present Charter shall take all ap-
propriate measures with a view to achieving the full realization of
[the right to education] and shall in particular: a) provide free and
compulsory basic education”;
f) Article 13: 1. Everyone has the right to education… 3. The States
Parties to this Protocol recognize that in order to achieve the full ex-
ercise of the right to education: a. Primary education should be com-
pulsory and accessible to all without cost; b. Secondary education
3 See Article 57: “Freedom of education shall be guaranteed. Primary education is compul-
sory and shall be financed from public funds. The state shall create the opportunities for
citizens to obtain a proper education”.
30
2014, p. 150). Therefore, primary education is seen as the “passport to life”
(Tawil and Cougoureux, 2013, p. 7). Primary education may be seen as
an investment in the child’s future and an opportunity for joyful activ-
ities, respect, participation, and the fulfilment of ambitions (Committee
on the Rights of the Child, 2013, p. 17). It should therefore be free so as
to make it possible to include all children in primary education. The need
for free and compulsory primary education constitutes the hallmark of
international treaties and national constitutions (e.g. Slovenia (Art. 57);3
Croatia (Art. 66); Egypt (Art. 19); Latvia (Art. 122); Montenegro (Art.
75 and Art. 79(4)); Norway (Art. 109); Russia (Art. 43); Tajikistan (Art.
41); Ukraine (Art. 53) etc.) and legal acts on which the right to education
is based.
The following international treaties provide the international legal
framework of the right to education with the intention of securing free
and compulsory education for all children:
a) Article 26 of the Universal Declaration of Human Rights (1948):
“Education shall be free, at least in the elementary and fundamental
stages. Elementary education shall be compulsory”;
b) the UNESCO Convention against Discrimination in Education
(1960): “The States Parties to this Convention undertake to formu-
late, develop and apply a national policy which, ... will tend to pro-
mote equality of opportunity and of treatment ... and in particular:
(a) To make primary education free and compulsory”;
c) Article 13 of the International Covenant on Economic, Social and
Cultural Rights (1966): “Primary education shall be compulsory
and available free for all”;
d) Article 2 of Protocol No. 1 of the European Convention on Human
Rights: “No person shall be denied the right to education”;
e) Article 11 of the African Charter on the Rights and Welfare of the
Child (1990): “States Parties to the present Charter shall take all ap-
propriate measures with a view to achieving the full realization of
[the right to education] and shall in particular: a) provide free and
compulsory basic education”;
f) Article 13: 1. Everyone has the right to education… 3. The States
Parties to this Protocol recognize that in order to achieve the full ex-
ercise of the right to education: a. Primary education should be com-
pulsory and accessible to all without cost; b. Secondary education
3 See Article 57: “Freedom of education shall be guaranteed. Primary education is compul-
sory and shall be financed from public funds. The state shall create the opportunities for
citizens to obtain a proper education”.
30
