Article
24 - Education
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24 Background
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Working Group | References
References
International
human rights conventions and other legal instruments
• 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
Article 24
Related to para. 1
ICESCR, Article 13(1), first sentence): The States Parties
to the present Covenant recognize the right of everyone to education…
CERD, Article 5(e)(v): …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;
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)
CMW, Article 30, first sentence: Each child of a migrant worker shall have
the basic right of access to education on the basis of equality of treatment
with nationals of the State concerned…
Related to para. 1 (a)
ICESCR, Article 13(1), second sentence: [The States Parties to the present
Covenant] 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.
Related to para 1 (b)
CRC, Article 29(1)(a): 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;
Related to para. 1 (c)
ICESCR, Article 13(1), third sentence: [The States Parties to the present Covenant]
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.
Related to para 1 (d)
CESCR, General Comment no. 5 (Persons with disabilities),
para. 35: …States
should ensure that teachers are trained to educate children with disabilities
within regular schools and that the necessary equipment and support are available
to bring persons with disabilities up to the same level of education as their
non-disabled peers…
Related to para. 3 (b)
CESCR, General Comment no. 5 (Persons with disabilities),
para. 35: … In
the case of deaf children, for example, sign language should be recognized
as a separate language to which the children should have access and whose importance
should be acknowledged in their overall social environment.
Related to para. 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;
CEDAW, Article 10(a) and (e): 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 and in particular to ensure, on a
basis of equality of men and women:
(a) The same conditions for career and vocational guidance, for access to studies
and for the achievement of diplomas in educational establishments of all categories
in rural as well as in urban areas; this equality shall be ensured in pre-school,
general, technical, professional and higher technical education, as well as
in all types of vocational training;
(a) The same opportunities for access to programmes of continuing education,
including adult and functional literacy programmes…
CRC, Article 28(1)(b) and (c): 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:
(a) Encourage the development of different forms of secondary education,
including general and vocational education, make them available and accessible
to every child, and take appropriate measures such as the introduction of
free education and offering financial assistance in case of need;
(b) Make higher education accessible to all on the basis of capacity by every
appropriate means;
(c) Make educational and vocational information and guidance available and
accessible to all children;
CMW, Article 43(1)(b) and (c): Migrant workers shall enjoy
equality of treatment with nationals of the State of employment in relation
to: …
(b) Access to vocational guidance and placement services;
(c) Access to vocational training and retraining facilities and institutions;