Page 42 - 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. 42
šolsko polje, letnik xxxi, številka 3–4
Conclusions
Even though the right to education is declared in various international
treaties, also as a fundamental right of the child, it is still not available to
all children. Article 28 of the UNCRC emphasises that every child should
enjoy the right to education. States should make primary education com-
pulsory and available free to all. Yet, despite living in the 21st century,
many children today still experience limits on their access to education.
The right to education, as a fundamental child right, is also subjected to
infringements. The obstacles to education are based on different circum-
stances caused by humans (e.g. war, discrimination) or nature (e.g. natu-
ral disasters, epidemics). Such special situations, including the COVID-19
pandemic, might lead to a whole generation of children being traumatised,
un(der)-educated and unprepared to contribute to the social and econom-
ic recovery of their country or region (UNESCO, 2015a, p. 34). Swift ac-
tions are needed by all international and national stakeholders to ensure
that children and their rights are adequately protected as soon as possi-
ble. The ECtHR has an essential role to play in ensuring the implemen-
tation and protection of the child’s right to education, especially as con-
cerns limitations of this right, where the implementation, protection and
limitation must be objective and proportional. Untimely and inappropri-
ate actions, perhaps even complete passivity, might also cause irreparable
and serious consequences for children. We still have a long way to go be-
fore the international community and individual states come as close as
possible to what is the best and most feasible to do in a given situation or
moment to ensure and protect children and their right to education.
References
Committee on Economic, Social and Cultural Rights (1999) General com-
ment No. 13: The right to education (article 13). Retrieved from: https://
www.ohchr.org/EN/Issues/Education/Training/Compilation/Pages/d)
GeneralCommentNo13Therighttoeducation(article13)(1999).aspx (2 July
2020).
Committee on the Rights of the Children (2013) General comment No. 14
(2013) on the right of the child to have his or her best interests taken as a
primary consideration (art. 3, para. 1). Retrieved from: https://www2.
ohchr.org/English/bodies/crc/docs/GC/CRC_C_GC_14_ENG.pdf (27
July 2020).
Council of Europe (2019) Guide on Article 2 of Protocol No. 1 to the European
Convention on Human Rights – Right to Education. Updated on 31
August 2019. Strasbourg: Council of Europe.
40
Conclusions
Even though the right to education is declared in various international
treaties, also as a fundamental right of the child, it is still not available to
all children. Article 28 of the UNCRC emphasises that every child should
enjoy the right to education. States should make primary education com-
pulsory and available free to all. Yet, despite living in the 21st century,
many children today still experience limits on their access to education.
The right to education, as a fundamental child right, is also subjected to
infringements. The obstacles to education are based on different circum-
stances caused by humans (e.g. war, discrimination) or nature (e.g. natu-
ral disasters, epidemics). Such special situations, including the COVID-19
pandemic, might lead to a whole generation of children being traumatised,
un(der)-educated and unprepared to contribute to the social and econom-
ic recovery of their country or region (UNESCO, 2015a, p. 34). Swift ac-
tions are needed by all international and national stakeholders to ensure
that children and their rights are adequately protected as soon as possi-
ble. The ECtHR has an essential role to play in ensuring the implemen-
tation and protection of the child’s right to education, especially as con-
cerns limitations of this right, where the implementation, protection and
limitation must be objective and proportional. Untimely and inappropri-
ate actions, perhaps even complete passivity, might also cause irreparable
and serious consequences for children. We still have a long way to go be-
fore the international community and individual states come as close as
possible to what is the best and most feasible to do in a given situation or
moment to ensure and protect children and their right to education.
References
Committee on Economic, Social and Cultural Rights (1999) General com-
ment No. 13: The right to education (article 13). Retrieved from: https://
www.ohchr.org/EN/Issues/Education/Training/Compilation/Pages/d)
GeneralCommentNo13Therighttoeducation(article13)(1999).aspx (2 July
2020).
Committee on the Rights of the Children (2013) General comment No. 14
(2013) on the right of the child to have his or her best interests taken as a
primary consideration (art. 3, para. 1). Retrieved from: https://www2.
ohchr.org/English/bodies/crc/docs/GC/CRC_C_GC_14_ENG.pdf (27
July 2020).
Council of Europe (2019) Guide on Article 2 of Protocol No. 1 to the European
Convention on Human Rights – Right to Education. Updated on 31
August 2019. Strasbourg: Council of Europe.
40
