Page 67 - 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. 67
m. šimenc, z. kodelja ■ the realization of the right to education in slovenia
The Right to Education Is Not Only the Right of the Child
It seems that the right to education refers mainly to children. However,
the right to education is not a right acknowledged only to children. The
right to education is a universal human right. As already mentioned, it
is as such written in the Universal Declaration of Human Rights and in
some other documents on human rights.3 Therefore the explanation that
the Convention on the Rights of the Child gives rights to children as chil-
dren (Archard, 2004, pp. 60) is wrong; or in other words, that it grants
them rights because they as children differ from adults and are not recog-
nised to have all rights given by other international documents on human
rights to every person. Children have this right recognised already before
the implementation of the Convention on the Rights of the Child, as this
right was acknowledged to every single human being, including children.
On the other hand, everyone has this right even when he/she is not a child
anymore. Therefore he/she can exercise it as an adult as well. Even more so,
in countries such as Slovenia, where young people usually start their stud-
ies when they are already 18 years of age, the great majority of them even
cannot exercise part of this right, namely the right to higher education ac-
cessible to all.4 Apart from that the right to primary education, which is
in Slovenia and in line with the Convention is compulsory,5 is not really a
right, but an obligation. If the essence of the right or of that what makes
a right a right in the true sense – and not an obligation or a duty – lies in
the freedom of the subject of the right to implement or not the right ac-
knowledged to him or her, then the right to education at primary school
level, which is compulsory by law, cannot be a right, since a child (or his/
her parents) cannot freely decide that he/she or they won’t implement the
right to education (in the case of compulsory primary school). Hence, we
3 Article 26 of the Universal Declaration of Human Rights states: 1) Everyone has the right
to education. Education shall be free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Technical and professional education shall be
made generally available and higher education shall be equally accessible to all on the ba-
sis of merit. (2) Education shall be directed to the full development of the human person-
ality and to the strengthening of respect for human rights and fundamental freedoms. It
shall promote understanding, tolerance and friendship among all nations, racial or reli-
gious groups, and shall further the activities of the United Nations for the maintenance
of peace. (3) Parents have a prior right to choose the kind of education that shall be giv-
en to their children.’ We can find similar formulations in the International Covenant on Eco-
nomic, Social and Cultural Rights (Article 13), and in the Convention against Discrimination in
Education (Articles 4 and 5).
4 States Parties ... Make higher education accessible to all on the basis of capacity by every
appropriate means (Convention on the Rights of the Child, Article 28c).
5 State Parties ... Make primary education compulsory and available free to all (Convention
on the Rights of the Child, Article 28a).
65
The Right to Education Is Not Only the Right of the Child
It seems that the right to education refers mainly to children. However,
the right to education is not a right acknowledged only to children. The
right to education is a universal human right. As already mentioned, it
is as such written in the Universal Declaration of Human Rights and in
some other documents on human rights.3 Therefore the explanation that
the Convention on the Rights of the Child gives rights to children as chil-
dren (Archard, 2004, pp. 60) is wrong; or in other words, that it grants
them rights because they as children differ from adults and are not recog-
nised to have all rights given by other international documents on human
rights to every person. Children have this right recognised already before
the implementation of the Convention on the Rights of the Child, as this
right was acknowledged to every single human being, including children.
On the other hand, everyone has this right even when he/she is not a child
anymore. Therefore he/she can exercise it as an adult as well. Even more so,
in countries such as Slovenia, where young people usually start their stud-
ies when they are already 18 years of age, the great majority of them even
cannot exercise part of this right, namely the right to higher education ac-
cessible to all.4 Apart from that the right to primary education, which is
in Slovenia and in line with the Convention is compulsory,5 is not really a
right, but an obligation. If the essence of the right or of that what makes
a right a right in the true sense – and not an obligation or a duty – lies in
the freedom of the subject of the right to implement or not the right ac-
knowledged to him or her, then the right to education at primary school
level, which is compulsory by law, cannot be a right, since a child (or his/
her parents) cannot freely decide that he/she or they won’t implement the
right to education (in the case of compulsory primary school). Hence, we
3 Article 26 of the Universal Declaration of Human Rights states: 1) Everyone has the right
to education. Education shall be free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Technical and professional education shall be
made generally available and higher education shall be equally accessible to all on the ba-
sis of merit. (2) Education shall be directed to the full development of the human person-
ality and to the strengthening of respect for human rights and fundamental freedoms. It
shall promote understanding, tolerance and friendship among all nations, racial or reli-
gious groups, and shall further the activities of the United Nations for the maintenance
of peace. (3) Parents have a prior right to choose the kind of education that shall be giv-
en to their children.’ We can find similar formulations in the International Covenant on Eco-
nomic, Social and Cultural Rights (Article 13), and in the Convention against Discrimination in
Education (Articles 4 and 5).
4 States Parties ... Make higher education accessible to all on the basis of capacity by every
appropriate means (Convention on the Rights of the Child, Article 28c).
5 State Parties ... Make primary education compulsory and available free to all (Convention
on the Rights of the Child, Article 28a).
65
