GENERAL COMMENT 13 (1999)

The right to education
(Article 13 of the International Covenant on Economic, Social and Cultural Rights)

2.   The International Covenant on Economic, Social and Cultural Rights (ICESCR) devotes two articles to the right to educa­tion, articles 13 and 14. Article 13, the longest provision in the Covenant, is the most wide-ranging and comprehensive arti­cle on the right to education in international human rights law. The Committee has already adopted General Comment 11 on article 14 (plans of action for primary edu­cation); General Comment 11 and the cur­rent General Comment are complementary and should be considered together. The Committee is aware that, for millions of people throughout the world, the enjoyment of the right to education remains a distant goal. Moreover, in many cases, this goal is becoming increasingly remote. The Com­mittee is also conscious of the formidable structural and other obstacles impeding the full realisation of article 13 in many States parties.

3.   With a view to assisting States parties’ implementation of the Covenant and fulfil­ment of their reporting obligations, this General Comment focuses on the normative content of article 13 (Part I, paras 4-42), some of the obligations arising from it (Part II, paras 43-57), and some illustrative viola­tions (Part II, paras 58-59). Part III briefly remarks upon the obligations of actors other than States parties. The General Comment is based upon the Committee’s experience in examining State party reports over many years.

I.    Normative Content of Article 13

Article 13(1): Aims and objectives of education

4.   States parties agree that all education, whether public or private, formal or non-formal, shall be directed towards the aims and objectives identified in article 13(1). The Committee notes that these educational objectives reflect the fundamental purposes and principles of the UN as enshrined in articles 1 and 2 of the Charter of the United Nations. For the most part, they are also found in article 26(2) of the Universal Declaration of Human Rights, although arti­cle 13(1) adds to the Declaration in three respects: education shall be directed to the human personality’s "sense of dignity," it shall "enable all persons to participate effectively in a free society," and it shall promote understanding among all "ethnic" groups, as well as nations, racial and relig­ious groups. Of those educational objectives which are common to article 26(2) of the Universal Declaration of Human Rights and article 13(1) of the Covenant, perhaps the most fundamental is that "education shall be directed to the full development of the human personality."

5.   The Committee notes that since the UN General Assembly adopted the Covenant in 1966, other international instruments have further elaborated the objectives to which education should be directed. Accordingly, the Committee takes the view that States par­ties are required to ensure that education conforms to the aims and objectives identi­fied in article 13(1), as interpreted in the light of the World Declaration on Education for All (Jomtien, 1990) (article 1), the Con­vention on the Rights of the Child (article 29[1]), the Vienna Declaration and Pro­gramme of Action (paragraphs 33 and 80), and the Plan of Action for the UN Decade for Human Rights (paragraph 2). While all these texts closely correspond to article 13(1) of the Covenant, they also include elements which are not expressly provided for in article 13(1), such as specific refer­ences to gender equality and respect for the environment. These new elements are implicit in, and reflect a contemporary interpretation of, article 13(1). The Com­mittee obtains support for this point of view from the widespread endorsement that the previously mentioned texts have received from all regions of the world. [1]

Article 13(2): The right to receive an education-some general remarks

6.   While the precise and appropriate applica­tion of the terms will depend upon the pre­vailing conditions in a particular State party, education in all its forms and at all levels shall exhibit the following inter-related and essential features: [2]

a.   Availability-functioning educational insti­tutions and programmes have to be avail­able in sufficient quantity within the juris­diction of the State party. What they require to function depends upon numerous factors, including the developmental context within which they operate; for example, all institu­tions and programmes are likely to require buildings or other protection from the ele­ments, sanitation facilities for both sexes, safe drinking water, trained teachers on domestically competitive salaries, teaching materials, and so on; while some will also require facilities such as a library, computer laboratory and information technology.

b.   Accessibility-educational institutions and programmes have to be accessible to every­one, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions:

Non-discrimination-education must be accessible to all, especially the most vulner­able groups, in law and fact, without dis­crimination on any of the prohibited grounds (see paras 31-37 on non-discrimi­nation);

Physical accessibility-education has to be within safe physical reach, either by atten­dance at some reasonably convenient geo­graphic location (e.g., a neighbourhood school) or via modern technology (e.g. access to a "distance learning" programme);

Economic accessibility-education has to be affordable to all. This dimension of accessi­bility is subject to the differential wording of article 13(2) in relation to primary, sec­ondary and higher education; whereas pri­mary education shall be available "free to all," States parties are required to progres­sively introduce free secondary and higher education.

c.   Acceptability-the form and substance of education, including curricula and teaching methods, has to be acceptable (e.g., relevant, culturally appropriate and of good quality) to students and, in appropriate cases, par­ents; this is subject to the educational objectives required by article 13(1) and such minimum educational standards as may be approved by the State (see article 13[3] and [4]);

d.   Adaptability-education has to be flexible so it can adapt to the needs of changing societies and communities, and respond to the needs of students within their diverse social and cultural settings.

7.   When considering the appropriate applica­tion of these "inter-related and essential features" the best interests of the student shall be a primary consideration.

Article 13(2)a: The right to primary education

8.   Primary education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels. [3]

9.   The Committee obtains guidance on the proper interpretation of the term "primary education" from the World Declaration on Education for All which states: "The main delivery system for the basic education of children outside the family is primary schooling. Primary education must be uni­versal, ensure that the basic learning needs of all children are satisfied, and take into account the culture, needs and opportunities of the community" (article 5). "(B)asic learning needs" are defined in article 1 of the World Declaration. [4]   While primary education is not synonymous with basic education, there is a close correspondence between the two. In this regard, the Com­mittee endorses the position taken by UNICEF: "Primary education is the most important component of basic education." [5]

10. As formulated in article 13(2)a, primary education has two distinctive features: it is "compulsory" and "available free to all." For the Committee’s observations on both terms, see paragraphs 6 and 7 of General Comment 11 on article 14 of the Covenant.

Article 13(2)b: The right to secondary educa­tion

11. Secondary education includes the elements of availability, accessibility, acceptability and adaptability which are common to edu­cation in all its forms and at all levels. [6]

12. While the content of secondary education will vary among States parties and over time, it includes completion of basic educa­tion and consolidation of the foundations for life-long learning and human development. It prepares students for vocational, and higher educational, opportunities. [7]   Article 13(2)b applies to secondary education "in its different forms," thereby recognising that secondary education demands flexible cur­ricula and varied delivery systems to respond to the needs of students in different social and cultural settings. The Committee encourages "alternative" educational pro­grammes which parallel regular secondary school systems.

13. According to article 13(2)b, secondary edu­cation "shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education." The phrase "generally available" signifies, firstly, that secondary education is not dependent on a student’s apparent capacity or ability and, secondly, that secondary education will be distributed throughout the State in such a way that it is available on the same basis to all. For the Committee’s interpretation of "accessible," see para 6 above. The phrase "every appropriate means" reinforces the point that States parties should adopt varied and innovative approaches to the delivery of secondary education in different social and cultural contexts.

14. "(P)rogressive introduction of free educa­tion" means that, while States must priori­tise the provision of free primary education, they also have an obligation to take concrete steps towards achieving free secondary and higher education. For the Committee’s gen­eral observations on the meaning of the word "free," see paragraph 7 of General Comment 11 on article 14.

Technical and vocational education

15. Technical and vocational education (TVE) forms part of both the right to education and the right to work (article 6[2]). Article 13(2)b presents TVE as part of secondary education, reflecting the particular impor­tance of TVE at this level of education. Article 6(2), however, does not refer to TVE in relation to a specific level of educa­tion; it comprehends that TVE has a wider role, helping "to achieve steady economic, social and cultural development and full and productive employment." Also, the Univer­sal Declaration of Human Rights states that "(t)echnical and professional education shall be made generally available" (article 26[1]). Accordingly, the Committee takes the view that TVE forms an integral element of all levels of education. [8]

16. An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general edu­cation. According to the UNESCO Conven­tion on Technical and Vocational Education (1989), TVE consists of "all forms of the educational process involving, in addition to general knowledge, the study of technolo­gies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life." This view is also reflected in certain ILO Conventions. [9]   Understood in this way, the right to TVE includes the following aspects:

a.   enables students to acquire knowledge and skills which contribute to their personal development, self-reliance and employability, and enhance the produc­tivity of their families and communities, including the State party’s economic and social development;

b.   takes account of the educational, cul­tural and social background of the population concerned; the skills, know-ledge and levels of qualification needed in the various sectors of the economy; and occupational health, safety and welfare;

c.   provides retraining for adults whose current knowledge and skills have become obsolete due to technological, economic, employment, social or other changes;

d.   consists of programmes which give stu­dents, especially those from developing countries, the opportunity to receive TVE in other States, with a view to the appropriate transfer and adaptation of technology;

e.   consists, in the context of the Cove­nant’s non-discrimination and equality provisions, of programmes which pro­mote the TVE of women, girls, out-of-school youth, unemployed youth, the children of migrant workers, refugees, persons with disabilities, and other disadvantaged groups.

Article 13(2)c: The right to higher education

17. Higher education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms at all levels. [10]

18. While article 13(2)c is formulated on the same lines as article 13(2)b, there are three differences between the two provisions. Article 13(2)c includes a reference to neither education "in its different forms" nor specifically to TVE. In the Committee’s opinion, these two omissions reflect only a difference of emphasis between article 13(2)b and c. If higher education is to respond to the needs of students in different social and cultural settings, it must have flexible curricula and varied delivery sys­tems, such as distance learning; in practice, therefore, both secondary and higher educa­tion have to be available "in different forms."  As for the omission in article 13(2)c to any express reference to technical and vocational education, given article 6(2) of the Covenant and article 26(1) of UDHR, TVE forms an integral component of all levels of education, including higher educa­tion. [11]

19. The third and most significant difference between article 13(2)b and c is that while secondary education "shall be made gener­ally available and accessible to all," higher education "shall be made equally accessible to all, on the basis of capacity." According to article 13(2)c, higher education is not to be "generally available," but only available "on the basis of capacity." The "capacity" of individuals should be assessed by refer­ence to all their relevant expertise and experience.

20. So far as the wording of article 13(2)b and c is the same (e.g. "the progressive introduc­tion of free education") see the previous comments on article 13(2)b.

Article 13(2)d: The right to fundamental education

21.  Fundamental education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels. [12]

22. In general terms, fundamental education corresponds to basic education as set out in the World Declaration on Education For All. [13]   By virtue of article 13(2)d, indivi-duals "who have not received or completed the whole period of their primary educa­tion" have a right to fundamental education, or basic education as defined in the World Declaration on Education For All.

23. Since everyone has the right to the satisfac­tion of their "basic learning needs" as understood by the World Declaration, the right to fundamental education is not con­fined to those "who have not received or completed the whole period of their primary education." The right to fundamental edu­cation extends to all those who have not yet satisfied their "basic learning needs."

24. It should be emphasised that enjoyment of the right to fundamental education is not limited by age or gender; it extends to chil­dren, youth and adults, including older persons. Fundamental education, therefore, is an integral component of adult education and life-long learning. Because fundamental education is a right of all age groups, curricula and delivery systems must be devised which are suitable for students of all ages.

Article 13(2)e: A school system; adequate fellowship system; material conditions of teaching staff

25. The requirement that the "development of a system of schools at all levels shall be actively pursued" means that a State party is obliged to have an overall developmental strategy for its school system. The strategy must encompass schooling at all levels, but the Covenant requires States parties to prioritise primary education (see para 51). "(A)ctively pursued" suggests the overall strategy should attract a degree of govern­mental priority and, in any event, must be implemented with vigour.

26. The requirement that "an adequate fellow­ship system shall be established" should be read with the Covenant’s non-discrimina­tion and equality provisions; the fellowship system should enhance equality of educa­tional access for individuals from disad­vantaged groups.

27. While the Covenant requires that "the mate­rial conditions of teaching staff shall be continuously improved," in practice the general working conditions of teachers have deteriorated, and reached unacceptably low levels, in many States parties over recent years. Not only is this inconsistent with article 13(2)e, but it is also a major obstacle to the full realisation of students’ right to education. The Committee also notes the relationship between articles 13(2)e, 2(2), 3 and 6-8 of the Covenant, including the right of teachers to organise and bargain collec­tively, draws the attention of States parties to the joint UNESCO/ILO Recommendation Concerning the Status of Teachers (1966) and the UNESCO Recommendation Con­cerning the Status of Higher-Education Teaching Personnel (1997), and urges States parties to report measures they are taking to ensure all teaching staff enjoy the condi­tions and status commensurate with their role.

Article 13(3) and (4): The right to educational freedom

28. Article 13(3) has two elements, one of which is that States parties undertake to respect the liberty of parents and guardians to ensure the religious and moral education of their children in conformity with their own convictions. [14]   The Committee is of the view that this element of article 13(3) per­mits public school instruction in subjects such as the general history of religions and ethics if it is given in an unbiased and objective way, respectful of the freedoms of opinion, conscience and expression. It notes that public education that includes instruc­tion in a particular religion or belief is inconsistent with article 13(3) unless provi­sion is made for non-discriminatory exemp­tions or alternatives that would accommo­date the wishes of parents and guardians.

29. The second element of article 13(3) is the liberty of parents and guardians to choose other than public schools for their children, provided the schools conform to "such minimum educational standards as may be laid down or approved by the State." This has to be read with the complementary provision, article 13(4), which affirms "the liberty of individuals and bodies to establish and direct educational institutions," pro­vided the institutions conform to the educa­tional objectives set out in article 13(1) and certain minimum standards. These mini­mum standards may relate to issues such as admission, curricula and the recognition of certificates. In their turn, these standards must be consistent with the educational objectives set out in article 13(1).

30. Under article 13(4), everyone, including non-nationals, has the liberty to establish and direct educational institutions. The liberty also extends to "bodies," i.e., legal persons or entities. It includes the right to establish and direct all types of educational institutions, including nurseries, universities and institutions for adult education. Given the principles of non-discrimination, equal opportunity, and effective participation in society for all, the State has an obligation to ensure that the liberty set out in article 13(4) does not lead to extreme disparities of edu­cational opportunity for some groups in society.

Article 13: Special topics of broad application

Non-discrimination and equal treatment

31.  The prohibition against discrimination enshrined in article 2(2) of the Covenant is subject to neither progressive realisation nor the availability of resources; it applies fully and immediately to all aspects of education and encompasses all internationally prohib­ited grounds of discrimination. The Com­mittee interprets articles 2(2) and 3 in the light of the UNESCO Convention Against Discrimination in Education, the relevant provisions of the Convention on the Elimi­nation of All Forms of Discrimination against Women, Convention on the Elimi­nation of Racial Discrimination, Convention on the Rights of the Child, and the Indige­nous and Tribal Peoples’ Convention (ILO Convention 169), and wishes to draw particular attention to the following issues.

32. The adoption of temporary special measures intended to bring about de facto equality for men and women, and disadvantaged groups, is not a violation of the right to non-discrimination with regard to education, so long as such measures do not lead to the maintenance of unequal or separate stan­dards for different groups, and provided they are not continued after the objectives for which they were taken have been achieved.

33. In some circumstances, separate educational systems or institutions for groups defined by the categories in article 2(2) shall be deemed not to constitute a breach of the Covenant. In this regard, the Committee affirms article 2 of the UNESCO Conven­tion against Discrimination in Education (1960). [15]

34. The Committee takes note of article 2 of the Convention on the Rights of the Child and article 3(e) of UNESCO Convention Against Discrimination in Education and confirms that the principle of non-discrimi­nation extends to all persons of school age residing in the territory of a State party, including non-nationals and irrespective of their legal status.

35. Sharp disparities in spending policies that result in differing qualities of education for persons residing in different geographic locations may constitute discrimination under the Covenant.  36. The Committee affirms para 35 of General Comment 5, which addresses the issue of persons with disabilities in the context of the right to education, and paras. 36-42 of General Comment 6, which address the issue of older persons in relation to articles 13-15.

36. The Committee affirms paragraph 35 of its General Comment 5, which addresses the issue of persons with disabilities in the context of the right to education, and paras. 36-42 of its General Comment 6, which address the issue of older persons in relation to articles 13-15 of the Covenant.

37. States parties must closely monitor educa­tion-including all relevant policies, institu­tions, programmes, spending patterns and other practices-so as to identify, and take measures to redress, any de facto discrimi­nation. Educational data should be disag­gregated on the prohibited grounds of discrimination.

Academic freedom and institutional autonomy [16]

38. In the light of the Committee’s examination of numerous States parties’ reports, it has formed the view that the right to education can only be enjoyed if accompanied by the academic freedom of staff and students. Accordingly, even though the issue is not explicitly mentioned in article 13, it is appropriate and necessary for the Commit­tee to make some observations about academic freedom. The following remarks give particular attention to institutions of higher education because, in the Commit­tee’s experience, staff and students in higher education are especially vulnerable to political and other pressures which under­mine academic freedom. The Committee wishes to emphasise, however, that staff and students throughout the education sector are entitled to academic freedom and many of the following observations have general application.

39. Members of the academic community, indi­vidually or collectively, are free to pursue, develop and transmit knowledge and ideas, through research, teaching, study, discus­sion, documentation, production, creation or writing. Academic freedom includes the lib­erty of individuals to express freely opinions about the institution or system in which they work, to fulfil their functions without discrimination or fear of repression by the State or any other actor, to participate in professsional or representative academic bodies, and to enjoy all the internationally recognised human rights applicable to other individuals in the same jurisdiction. The enjoyment of academic freedom carries with it obligations, such as the duty to respect the academic freedom of others, to ensure the fair discussion of contrary views, and to treat all without discrimination on any of the prohibited grounds.

40.  The enjoyment of academic freedom requires the autonomy of institutions of higher education. Autonomy is that degree of self-governance necessary for effective decision-making by institutions of higher education in relation to their academic work, standards, management and related activities. Self-governance, however, must be consistent with systems of public accountability, especially in respect of funding provided by the State. Given the substantial public investments made in higher education, an appropriate balance has to be struck between institutional autonomy and accountability. While there is no single model, institutional arrangements should be fair, just and equitable, and as transparent and participatory as possible.

Discipline in schools [17]

41. In the Committee’s view, corporal punish­ment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration of Human Rights and both Covenants: the dignity of the individ­ual. [18]   Other aspects of school discipline may also be inconsistent with human dig­nity, such as public humiliation. Nor should any form of discipline breach other rights under the Covenant, such as the right to food. A State party is required to take measures to ensure that discipline, which is inconsistent with the Covenant, does not occur in any public or private educational institution within its jurisdiction. The Committee welcomes initiatives taken by some States parties, which actively encour­age schools to introduce "positive," non-violent approaches to school discipline.

Limitations on article 13

42. The Committee wishes to emphasise that the Covenant’s limitations clause, article 4, is primarily intended to be protective of the rights of individuals rather than permissive of the imposition of limitations by the State. Consequently, a State party which closes a university or other educational institution on grounds such as national security or the preservation of public order has the burden of justifying such a serious measure in rela­tion to each of the elements identified in article 4.

II. States Parties’ Obligations and Violations

General legal obligations

43. While the Covenant provides for progressive realisation and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. [19]   States parties have immediate obligations in relation to the right to education, such as the "guarantee" that the right "will be exercised without discrimination of any kind" (article 2[2]) and the obligation "to take steps" (article 2[1]) towards the full realisation of article 13. [20]   Such steps must be "deliberate, concrete and targeted" towards the full realisation of the right to education.

44. The realization of the right to education over time, that is "progressively," should not be interpreted as depriving States parties’ obli­gations of all meaningful content. Progres­sive realisation means that States parties have a specific and continuing obligation "to move as expeditiously and effectively as possible" towards the full realisation of article 13. [21]

45. There is a strong presumption against the permissibility of any retrogressive measures taken in relation to the right to education, as well as other rights enunciated in the Cove­nant. If any deliberately retrogressive meas­ures are taken, the State party has the bur­den of proving that they have been intro­duced after the most careful consideration of all alternatives and that they are fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the State party’s maximum available resources. [22]

46. The right to education, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide.

47. The obligation to respect requires States parties to avoid measures that hinder or pre­vent the enjoyment of the right to education. The obligation to protect requires States parties to take measures that prevent third parties from interfering with the enjoyment of the right to education. The obligation to fulfil (facilitate) requires States to take positive measures that enable and assist individuals and communities to enjoy the right to education. Finally, States parties have an obligation to fulfil (provide) the right to education. As a general rule, States parties are obliged to fulfil (provide) a specific right in the Covenant when an indi­vidual or group is unable, for reasons beyond their control, to realise the right themselves by the means at their disposal. However, the extent of this obligation is always subject to the text of the Covenant.

48. In this respect, two features of article 13 require emphasis. First, it is clear that article 13 regards States as having principal responsibility for the direct provision of education in most circumstances; States parties recognize, for example, that the "development of a system of schools at all levels shall be actively pursued" (article 13(2)e). Secondly, given the differential wording of article 13(2) in relation to pri­mary, secondary, higher and fundamental education, the parameters of a State party’s obligation to fulfil (provide) are not the same for all levels of education. Accord­ingly, in light of the text of the Covenant, States parties have an enhanced obligation to fulfil (provide) regarding the right to education, but the extent of this obligation is not uniform for all levels of education. The Committee observes that this interpretation of the obligation to fulfil (provide) in rela­tion to article 13 coincides with the law and practice of numerous States parties.

Specific legal obligations

49. States parties are required to ensure that cur­ricula, for all levels of the educational system, are directed to the objectives identi­fied in article 13(1). [23]   They are also obliged to establish and maintain a transparent and effective system which monitors whether or not education is, in fact, directed to the edu­cational objectives set out in article 13(1).

50. In relation to article 13(2), States have obli­gations to respect, protect and fulfil each of the "essential features" (availability, acces­sibility, acceptability, adaptability) of the right to education. By way of illustration, a State must respect the availability of educa­tion by not closing private schools; protect the accessibility of education by ensuring third parties, including parents and employ­ers, do not stop girls from going to school; fulfil (facilitate) the acceptability of educa­tion by taking positive measures to ensure that education is culturally appropriate for minorities and indigenous peoples, and of good quality for all; fulfil (provide) the adaptability of education by designing and resourcing curricula which reflect the contemporary needs of students in a chang­ing world; and fulfil (provide) the availabil­ity of education by actively developing a system of schools, including building class­rooms, delivering programmes, providing teaching materials, training teachers and paying them domestically competitive salaries.

51. As already observed, the obligations of States parties in relation to primary, secon­dary, higher and fundamental education are not identical. Given the wording of article 13(2), States parties are obliged to prioritise the introduction of compulsory, free pri­mary education. [24]   This interpretation of article 13(2) is reinforced by the priority accorded to primary education in article 14. The obligation to provide primary education for all is an immediate duty of all States parties.

52. In relation to article 13(2)b-d, a State party has an immediate obligation "to take steps" (article 2[1]) towards the realisation of sec­ondary, higher and fundamental education for all those within its jurisdiction. At a minimum, the State party is required to adopt and implement a national educational strategy which includes the provision of secondary, higher and fundamental educa­tion in accordance with the Covenant. This strategy should include mechanisms, such as indicators and benchmarks on the right to education, by which progress can be closely monitored.

53.  Under article 13(2)e, States parties are obliged to ensure that an educational fellowship system is in place to assist dis­advantaged groups. [25]   The obligation to actively pursue the "development of a sys­tem of schools at all levels" reinforces the principal responsibility of States parties to ensure the direct provision of the right to education in most circumstances. [26]

54. States parties are obliged to establish "minimum educational standards" to which all educational institutions, established in accordance with article 13(3) and (4), are required to conform. They must also main­tain a transparent and effective system to monitor such standards. A State party has no obligation to fund institutions established in accordance with article 13(3) and (4); however, if a State elects to make a finan­cial contribution to private educational institutions, it must do so without discrimi­nation on any of the prohibited grounds.

55. States parties have an obligation to ensure that communities and families are not dependent on child labour. The Committee especially affirms the importance of educa­tion in eliminating child labour and the obligations set out in article 7(2) of the ILO’s Worst Forms of Child Labour Con­vention (1999). [27]   Additionally, given article 2(2), States parties are obliged to remove gender and other stereotyping which impedes the educational access of girls, women and other disadvantaged groups.

56. In its General Comment 3, the Committee draws attention to the obligation of all States parties to take steps, "individually and through international assistance and co-operation, especially economic and techni­cal," towards the full realisation of the rights recognised in the Covenant, such as the right to education. [28]   Articles 2(1) and 23 of the Covenant, article 56 of the Charter of the United Nations, article 10 of the World Declaration on Education for All, and para 34 of the Vienna Declaration and Programme of Action, all reinforce the obligation of States parties in relation to the provision of international assistance and cooperation for the full realisation of the right to education. In relation to the nego­tiation and ratification of international agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to educa­tion. Similarly, States parties have an obli­gation to ensure that their actions as mem­bers of international organisations, includ­ing international financial institutions, take due account of the right to education.

57. In General Comment 3, the Committee con­firms that States parties have "a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels" of each of the rights enunciated in the Covenant, including "the most basic forms of education." In the context of article 13, this core includes an obligation: to ensure the right of access to public educational institutions and programmes on a non-dis­criminatory basis; to ensure education con­forms to the objectives set out in article 13(1); to provide primary education for all in accordance with article 13(2)a; to adopt and implement a national educational strat­egy which includes provision for secondary, higher and fundamental education; and to ensure free choice of education without interference from the State or third parties, subject to conformity with "minimum edu­cational standards" (article 13[3] and [4]).

Violations

58. When the normative content of article 13 (Part I) is applied to the general and specific obligations of States parties (Part II), a dynamic process is set in motion which facilitates identification of violations of the right to education. Violations of article 13 may occur through the direct action of States parties (acts of commission) or through their failure to take steps required by the Covenant (acts of omission).

59. By way of illustration, violations of article 13 include: the introduction or failure to repeal legislation which discriminates against individuals or groups, on any of the prohibited grounds, in the field of educa­tion; the failure to take measures which address de facto educational discrimination; the use of curricula inconsistent with the educational objectives set out in article 13(1); the failure to maintain a transparent and effective system to monitor conformity with article 13(1); the failure to introduce, as a matter of priority, primary education which is compulsory and available free to all; the failure to take "deliberate, concrete and targeted" measures towards the pro­gressive realisation of secondary, higher and fundamental education in accordance with article 13(2)b-d; the prohibition of private educational institutions; the failure to ensure private educational institutions conform to the "minimum educational standards" required by article 13(3) and (4); the denial of academic freedom of staff and students; the closure of educational institutions in times of political tension in non-conformity with article 4. 

III. Obligations of  Actors Other Than States    Parties

60. Given article 22 of the Covenant, the role of the United Nations agencies, including at the country level through the United Nations Development Assistance Framework (UNDAF), is of special importance in relation to the realisation of article 13. Coordinated efforts for the realisation of the right to education should be maintained to improve coherence and interaction among all the actors concerned, including the various components of civil society. UNESCO, UNDP, UNICEF, ILO, World Bank, regional development banks, IMF and other relevant bodies within the UN system, should enhance their cooperation for the implementation of the right to education at the national level, with due respect to their specific mandates, and building on their respective expertise. In particular, the international financial institutions, notably the World Bank and IMF, should pay greater attention to the protection of the right to education in their lending policies, credit agreements, structural adjustment programmes and measures taken in response to the debt crisis. [29]   When examining the reports of States parties, the Committee will consider the effects of the assistance, provided by all actors other than States parties, on the ability of States to meet their obligations under article 13. The adoption of a human rights-based approach by UN specialised agencies, programmes and other UN bodies, will greatly facilitate implementation of the right to education. 

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