Page 66 - 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. 66
šolsko polje, letnik xxxi, številka 3–4
education, which is today a necessity – although far from being adequate
– condition for a decent life; and is on the other hand closely interrelated
with an economically successful society and deliberative democracy, with
both of them presuming educated and enlightened citizens for their exist-
ence.2 We could even argue that numerous civil and political, but also eco-
nomic, social and cultural rights can be successfully implemented only in
an environment which has achieved a certain level of education.
The right to education is formally defined in such a way that it does
not include only the growth of a person and his/her dignity, but also de-
velopment of respect for human rights. Point 1 (b) of Article 29 of the
Convention on the Rights of the Child thus clearly states: ‘States Parties
agree that the education of the child shall be directed to the development
of respect for human rights and fundamental freedoms, and for the prin-
ciples enshrined in the Charter of the United Nations.’
The field of education is a place where the dissemination of informa-
tion regarding rights and moulding individuals in such a way that they
shall respect and fulfil human rights is entered in the sphere of rights. It is
a place where rights at a rights level attempt to ensure conditions for their
realisation. Formal level, i.e. designing documents stating rights, and a
signature of individual states, which binds it at the formal level to respect
the rights listed in the signed document, is namely not enough for assert-
ing rights. This formal level is necessary, but not sufficient; hence citi-
zens need to demand from authorities to really respect the rights through
their actions. On the other hand, citizens also need to be prepared to re-
spect and carry out legislation and other legal measures for implementing
international obligations. This can be asked and realised only by citizens
who know human rights, and above all understand their meaning and
feel themselves obliged to respect them. Education is one of such tool,
where the mechanisms for establishing the conditions for executing these
rights can be entered in the formal structures of rights. Education is a
place where the voice for demanding and defending rights is formed, and
where the rules of discourse which supports it are formed. We need to
emphasise a specific status of this entry: the right to education is a right
which can help realising human rights when implemented; but can per-
form this function only if it is carried out itself. So, it already assumes for
its implementation that human rights are put into effect. Or it assumes
that at least one of the human rights is already fulfilled, namely the right
to education.
2 For Buchanan, it is exactly benefits gained from (basic) education by both individuals and
society that justify the inclusion of the right to education on the list of human rights, guar-
anteed by international law instruments (Buchananm, 2013, pp. 160–162).
64
education, which is today a necessity – although far from being adequate
– condition for a decent life; and is on the other hand closely interrelated
with an economically successful society and deliberative democracy, with
both of them presuming educated and enlightened citizens for their exist-
ence.2 We could even argue that numerous civil and political, but also eco-
nomic, social and cultural rights can be successfully implemented only in
an environment which has achieved a certain level of education.
The right to education is formally defined in such a way that it does
not include only the growth of a person and his/her dignity, but also de-
velopment of respect for human rights. Point 1 (b) of Article 29 of the
Convention on the Rights of the Child thus clearly states: ‘States Parties
agree that the education of the child shall be directed to the development
of respect for human rights and fundamental freedoms, and for the prin-
ciples enshrined in the Charter of the United Nations.’
The field of education is a place where the dissemination of informa-
tion regarding rights and moulding individuals in such a way that they
shall respect and fulfil human rights is entered in the sphere of rights. It is
a place where rights at a rights level attempt to ensure conditions for their
realisation. Formal level, i.e. designing documents stating rights, and a
signature of individual states, which binds it at the formal level to respect
the rights listed in the signed document, is namely not enough for assert-
ing rights. This formal level is necessary, but not sufficient; hence citi-
zens need to demand from authorities to really respect the rights through
their actions. On the other hand, citizens also need to be prepared to re-
spect and carry out legislation and other legal measures for implementing
international obligations. This can be asked and realised only by citizens
who know human rights, and above all understand their meaning and
feel themselves obliged to respect them. Education is one of such tool,
where the mechanisms for establishing the conditions for executing these
rights can be entered in the formal structures of rights. Education is a
place where the voice for demanding and defending rights is formed, and
where the rules of discourse which supports it are formed. We need to
emphasise a specific status of this entry: the right to education is a right
which can help realising human rights when implemented; but can per-
form this function only if it is carried out itself. So, it already assumes for
its implementation that human rights are put into effect. Or it assumes
that at least one of the human rights is already fulfilled, namely the right
to education.
2 For Buchanan, it is exactly benefits gained from (basic) education by both individuals and
society that justify the inclusion of the right to education on the list of human rights, guar-
anteed by international law instruments (Buchananm, 2013, pp. 160–162).
64
