International human rights conventions and other legal instruments
(Draft Article 17)

• ICESCR: International Covenant on Economic, Social and Cultural Rights
• ICCPR: International Covenant on Civil and Political Rights
• CERD: Committee on the Elimination of Racial Discrimination
• CEDAW: Convention on the Elimination of All Forms of Discrimination against Women
• CAT: Convention Against Torture
• CRC: Convention on the Rights of the Child
• ILO Convention 159: Vocational Rehabilitation and Employment (Disabled Persons)
• ILO Recommendation 168: Vocational Rehabilitation and Employment (Disabled Persons)
• UNESCO CDE: Convention against Discrimination in Education

Related to Draft Article 17, paragraph 1

ICESCR, Article 13(1), first sentence: The States Parties to the present Covenant recognize the right of everyone to education.

CEDAW, Article 10: States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education…

CRC, Article 28(1): States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: (omissis)

Related to Draft Article 17, paragraph 1 (d)

ICESCR, Article 13(1), second sentence: [The States Parties] agree that 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. They further agree that 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.

CRC, Article 29(1): States Parties agree that the education of the child shall be directed to:
(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;
(c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;
(d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;
(e) The development of respect for the natural environment.

See also CERD, Article 5(e)(v): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to (…) guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:…(v) The right to education and training;

CERD, Article 7: States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention.

Related to Draft Article 17, paragraph 2 (b)

CRC, Article 23(3): Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education (…) in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.

Related to Draft Article 17, paragraph 2 (c)

ICESCR, Article 13(2)(a): The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right: (a) Primary education shall be compulsory and available free to all;

Related to Draft Article 17, paragraph 5

ICESCR, Article 13(2)(c): The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:… (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

UNESCO Convention against Discrimination in Education

Article 4
The States Parties to this Convention undertake furthermore to formulate, develop and apply a national policy which, by methods appropriate to the circumstances and to national usage, will tend to promote equality of opportunity and of treatment in the matter of education and in particular:

• To make primary education free and compulsory; make secondary education in its different forms generally available and accessible to all; make higher education equally accessible to all on the basis of individual capacity; assure compliance by all with the obligation to attend school prescribed by law;
• To ensure that the standards of education are equivalent in all public education institutions of the same level, and that the conditions relating to the quality of education provided are also equivalent;
• To encourage and intensify by appropriate methods the education of persons who have not received any primary education or who have not completed the entire primary education course and the continuation of their education on the basis of individual capacity;
• To provide training for the teaching profession without discrimination.

Article 5
The States Parties to this Convention agree that:

• Education shall be directed to the full development of the human personality an d to the strengthening of respect for human rights and fundamental freedoms; it shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace;
• It is essential to respect the liberty of parents and, where applicable, of legal guardians, firstly to choose for their children institutions other than those maintained by the public authorities but conforming to such minimum educational standards as may be laid down or approved by the competent authorities and, secondly, to ensure in a manner consistent with the procedures followed in the State for the application of its legislation, the religious and moral education of the children in conformity with their own convictions; and no person or group of persons should be compelled to receive religious instruction inconsistent with his or their conviction;
• It is essential to recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and, depending on the educational policy of each State, the use or the teaching of their own language, provided however:
  • That this right is not exercised in a manner which prevents the members of these minorities from understanding the culture and language of the community as a whole and from participating in its - activities, or which prejudices national sovereignty;
  • That the standard of education is not lower than the general standard laid down or approved by the competent authorities; and
  • That attendance at such schools is optional.

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