Page 35 - 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. 35
s. kraljić ■ implementation and protection of the child’s right to education
internal conflicts, even intra-family violence) influence children’s right to
education. Such conflicts, wars and crises mean that almost 30 million
children are deprived of their right to a primary education, creating gener-
ations of uneducated future adults (UNESCO, 2015b, p. 16). The propor-
tion of out-of-school children in countries affected by conflicts rose from
30 percent in 1999 to 36 percent in 2012 (United Nations, n.d.). Namely,
especially in a time of armed conflicts and conflict-affected areas, the
right to education is often particularly impaired and its quality suffers.
Usually, problems arise from a lack of basic capacities for ensuring educa-
tion (e.g. the lack of proper buildings, teaching staff, books). The two big-
gest constraints on access to education in such circumstances are insecuri-
ty and poverty (e.g. the lack of decent clothes, the involvement of children
in contribution to the household’s livelihood through paid/unpaid work,
taking care of younger siblings or sick relatives, the problem of transport
to school) (Sinclair, 2007, p. 53). It is necessary and urgent to ensure the
early inclusion of children who have already been deprived of the right to
education due to such circumstances (e.g. armed conflicts), and to elimi-
nate or limit even greater consequences as soon and as far as possible. The
states shall try to make the education available, accessible, acceptable and
adaptable.
Right to education in light of the ECHR and its selected judgments
As parties of international and regional legal instruments, states are
obliged to protect the child’s right to education. Their failure to protect
the right to education constitutes an infringement of this right and also
violates international law. Although the right to education is one of the
child’s fundamental rights, states repeatedly breach it. Violations of the
right to education may occur through the direct action of states (acts of
commission) or because states did not adopt the measures needed to ex-
ercise this child right (acts of omission) (Committee on Economic, Social
and Cultural Rights, 1999, p. 15). Consequently, those violations are also
subject to judicial review. Since states are to protect, respect and ful-
fil the child’s right to education, the European Court of Human Rights
(ECtHR) has an important role to play. While its judgments are only
binding on the Parties, many ECtHR judgments also have impacts ex-
tending beyond the confines of the particular case.
The right to education is included in Article 2 of Protocol 1 of the
ECHR, which provides for two separate rights: the general individu-
al right to education and the right of parents to education in conform-
ity with their religious and philosophical convictions (Council of Europe,
2019, p. 5). The general individual right to education is declared using
33
internal conflicts, even intra-family violence) influence children’s right to
education. Such conflicts, wars and crises mean that almost 30 million
children are deprived of their right to a primary education, creating gener-
ations of uneducated future adults (UNESCO, 2015b, p. 16). The propor-
tion of out-of-school children in countries affected by conflicts rose from
30 percent in 1999 to 36 percent in 2012 (United Nations, n.d.). Namely,
especially in a time of armed conflicts and conflict-affected areas, the
right to education is often particularly impaired and its quality suffers.
Usually, problems arise from a lack of basic capacities for ensuring educa-
tion (e.g. the lack of proper buildings, teaching staff, books). The two big-
gest constraints on access to education in such circumstances are insecuri-
ty and poverty (e.g. the lack of decent clothes, the involvement of children
in contribution to the household’s livelihood through paid/unpaid work,
taking care of younger siblings or sick relatives, the problem of transport
to school) (Sinclair, 2007, p. 53). It is necessary and urgent to ensure the
early inclusion of children who have already been deprived of the right to
education due to such circumstances (e.g. armed conflicts), and to elimi-
nate or limit even greater consequences as soon and as far as possible. The
states shall try to make the education available, accessible, acceptable and
adaptable.
Right to education in light of the ECHR and its selected judgments
As parties of international and regional legal instruments, states are
obliged to protect the child’s right to education. Their failure to protect
the right to education constitutes an infringement of this right and also
violates international law. Although the right to education is one of the
child’s fundamental rights, states repeatedly breach it. Violations of the
right to education may occur through the direct action of states (acts of
commission) or because states did not adopt the measures needed to ex-
ercise this child right (acts of omission) (Committee on Economic, Social
and Cultural Rights, 1999, p. 15). Consequently, those violations are also
subject to judicial review. Since states are to protect, respect and ful-
fil the child’s right to education, the European Court of Human Rights
(ECtHR) has an important role to play. While its judgments are only
binding on the Parties, many ECtHR judgments also have impacts ex-
tending beyond the confines of the particular case.
The right to education is included in Article 2 of Protocol 1 of the
ECHR, which provides for two separate rights: the general individu-
al right to education and the right of parents to education in conform-
ity with their religious and philosophical convictions (Council of Europe,
2019, p. 5). The general individual right to education is declared using
33
