Is quality education explicitly recognized as a human right in international law, and if so, what specific legal instruments, such as treaties, conventions, or declarations, affirm this right, outlining the scope of “quality,” the obligations of states to ensure it, and the mechanisms for individuals to seek redress if quality education is not provided, particularly focusing on marginalized and vulnerable populations?
Answer
Yes, quality education is explicitly recognized as a human right in international law.
The primary legal instruments that codify this right are:
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Universal Declaration of Human Rights (UDHR), Article 26 (1948): States that 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 basis of merit.
- International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 13 (1966): Recognizes the right of everyone to education. Education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. Education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace. Article 13 further elaborates on the progressive introduction of free education, particularly primary education. Article 14 outlines a state’s obligation to secure compulsory primary education, free of charge, for all.
These instruments are further clarified and expanded upon in various other international and regional legal documents and interpretations, including:
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Convention on the Rights of the Child (CRC), Article 28 (1989): Recognizes the right of the child to education and directs States Parties to achieve this right progressively and on the basis of equal opportunity. It emphasizes the importance of making primary education compulsory and available free to all, encouraging the development of different forms of secondary education, and making higher education accessible to all on the basis of capacity. Article 29 specifies that education should be directed to the development of the child’s personality, talents and mental and physical abilities to their fullest potential and the development of respect for human rights and fundamental freedoms.
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Convention against Discrimination in Education (1960): Elaborates on the principle of non-discrimination in education and promotes equality of educational opportunity and treatment.
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Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Article 10 (1979): Requires states to eliminate discrimination against women in the field of education and to ensure equal access to education for women and girls.
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Convention on the Rights of Persons with Disabilities (CRPD), Article 24 (2006): Affirms the right of persons with disabilities to education. States Parties must ensure an inclusive education system at all levels.
- Regional human rights instruments: The right to education is also enshrined in regional human rights treaties, such as the African Charter on Human and Peoples’ Rights, the American Convention on Human Rights, and the European Convention on Human Rights. These conventions provide for the protection and promotion of the right to education within their respective regions.
While "quality" is not always explicitly used, the obligation to ensure that education is directed to the full development of the human personality and to strengthen respect for human rights, implies a requirement for education to be of a certain quality. The UN Special Rapporteur on the right to education has repeatedly emphasized that the right to education is not just about access to schooling but also about the quality of that education. The Sustainable Development Goal 4 (SDG 4) also explicitly refers to inclusive and equitable quality education. Quality, therefore, is an integral, though sometimes implicit, component of the right to education as it is understood in international law. This encompasses aspects such as qualified teachers, adequate resources, relevant curriculum, and a safe and supportive learning environment.