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![]() ![]() International laws related to education CHAPTER 1
Education is a precondition for the exercise of human rights. The enjoyment of many civil and political human rights, such as the freedom of information and expression, require a minimum level of education which includes literacy. Similarly, many economic, social and cultural rights, such as the right to choose work, to receive equal pay for equal work and to have equal access to public representation, can only be exercised in a meaningful way once a basic education has been achieved. The right to education can be characterised as an 'empowerment right' which provides the individual with control over his or her life and the power to interact meaningfully in his or her community. At the international level the right to education has been recognised by several universal and regional instruments. The Universal Declaration of Human Rights1 (UDHR) provides the foundation for the right to education. Article 26 of the UDHR states:
The right to education finds more specific expression in the International Convenant on Civil and Political Rights (ICCPR)2 and in the International Convenant on Economic, Social and Cultural Rights (ICESCR)3. Article 18(4) of the ICCPR and article 13(3) of the ICESCR recognise the fundamental role of parents in directing their children's education. States Parties undertake to have respect for the liberty of parents and legal guardians "to ensure the religious and moral education of their children in conformity with their own convictions". Article 13 of the ICESCR recognises the right of everyone to education, which "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." The full realisation of this right includes access to primary, secondary and tertiary levels of education. Article 2(1) of the ICESCR creates obligations for States Parties to fulfil their duty by means of positive action: each party undertakes to take steps "to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant." While the People's Republic of China has not yet signed or ratified either the ICCPR or the ICESCR4 and are therefore not legally bound by their provisions, the conventions nevertheless represent internationally accepted standards with moral force.
On November 20, 1989, the international community adopted the United Nations Convention on the Rights of the Child (CRC). This Convention was the first international legal instrument to lay down guarantees for the human rights of the child and it is today's primary source on the human rights of the child. The People's Republic of China (PRC) signed the CRC on August 29, 1990. On December 29, 1991, the PRC ratified the CRC, which formally took effect in China on April 1, 1992.5 In 1994, in the initial report of the PRC on the CRC, the PRC described itself as "a consistent respecter and defender of children's rights". 6 The CRC makes States Parties accountable for their actions towards children and calls on states to create the conditions in which children may take an active and creative part in the social and political life of their countries. The CRC explicitly codifies the child's right to education in articles 28 and 29. Article 28 emphasises the child's right to education on the basis of equal opportunity, and the State's duty to ensure that at least primary education is made free and compulsory for every child. The access to secondary and higher education should likewise be provided on the basis of equal opportunity. Article 28 also states that the administration of school discipline is to reflect the child's human dignity and emphasises the need for international co-operation to ensure this right. Article 29 is an affirmation of the aims of education. The State recognises that education should be directed at developing a child's personality and talents, preparing the child for active life as an adult, fostering respect for basic human rights and developing respect for the child's own cultural and national values and those of others. Other provisions of the CRC which must be considered in the context of education are the freedom of thought and religion (article 14(1)), the freedom of expression (article 13 (1)), the principle of non-discrimination (article 2 (1)) and the protection of minority rights (article 30).
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