Talk:Right to education

extend stub

the right to education is enshrined in a number of other human rights documents and constitutions, so this could be linked. Also, there is quite a lot of literature (e.g. UNESCO) on this. the right to education is also of special relevance for disabled children (inclusive education) and indigenous peoples (cultural rights). I think it might also be mentioned in the Convention on the Rights of the Child. Also, different countries have thought to implement this right differently, so this could be added as well. SasiSasi (talk) 20:19, 1 June 2008 (UTC)

New additions to work on

Some new additions have been made that need some work to sort out language and plagiarism issues, the refs need to be formatted as well. I have sorted out the fulfilment section and have placed the rest here for further work (soon), then we can move this back into the article.--SasiSasi (talk) 15:23, 21 February 2009 (UTC)

Normative Framework

When someone has a right, someone else (primarily the state, but also the International community, see ICESCR Art.2, and CRC Art.4) has a duty to respect, protect and fulfil these rights. Understanding the actors and the relationship between right holder and duty bearer is one of the most important issues in human rights.

DUTY BEARERs

States

As parties to human rights treaties, states have an obligation to respect, protect and fulfil the right to education. In education this may translate into the 4A –scheme which means availability, accessibility, acceptability and adaptability of the right to education. Provision of the right to education should not discriminate; the right to education is the right of each person regardless of gender, of physical or mental ability or of legal status. However, such obligations and guarantees are often not translated into concrete legislation, polices and action on the ground. (For more information see 4A international framework)

International Community

The Convention on the Rights of the Child includes the provision of international cooperation (Article 4 and with particular reference to education Article 28(3)). However, despite the growing awareness of the need for gender equality in education, the international community has fallen short of their responsibility. One reason for this is the common perception that education is seen as a service rather than right.(For more information please read UNICEF's report Summary of the CRC “What Rights?”).

Parents

The UDHR Article 26 stress the parents’ right to choose the kind of education provided to their child. The CRC, Article 3 and Article 29(1)(c), goes beyond this, stressing the importance of the best interests of the child. Although the rights and duties of parents or legal guardians are respected, it is now understood that the best interests of the child are paramount.

RIGHTS HOLDERs

Citizens are the rights holders. Education is a basic human right and therefore it is necessary to provide school environment where the right to education will be exercised without discrimination of any kind. "Education law has traditionally treated children as objects of education, specifying the rights of parents, teachers and the state. The affirmation of the rights of the child has not yet been accomplished in most countries. There is a welcome move in this direction, which prioritizes the best interests of the child as a step towards child’s rights". According to Jomtien (1990) Every person – child, youth and adult – shall be able to benefit from educational opportunities designed to meet their basic learning needs. Recalling that education is a fundamental right for all people, women and men, or all ages, throughout the world; Meeting basic learning needs constitutes a common and universal human responsibility. It requires international solidarity and equitable and fair economic relations in order to address existing economic disparities.

Many international conventions call on education to be free and compulsory. Making education compulsory places the obligation squarely on the government; to ensure that a school is there and that all obstacles to children’s attendance are removed. This means that education has to be free at the point of use – as no government can make it compulsory if they charge for the service. The ICESCR (article 14.11) states that all states must have a concrete plan to provide free and compulsory education, within two years of ratifying the covenant. It is understood that the state must create the conditions for education, and when these standards are met parents or guardians have the obligation to ensure their children attend. Unfortunately in some areas parents are forced to send their children to school before these conditions have been met, and have even been fined and punished for their refusal to send their children to school. This is in contravention to the basic principle of free and compulsory education.

Interpretations by the committee to ICESCR also imply that there is a clear obligation on the international community to support free and compulsory education. However, neither the Millennium Development Goals nor the Education for All framework use this language. This has created space for agencies like the World Bank, to push governments into implementing cost- sharing models of education, directly contradicting the provisions in the ICESCR and CRC.

References

Education Issues - Zoning

Re Education issues, surprised to find no mention of “Zoning” in Category:Education issues, as it is a current issue in New Zealand for state schools. How the “home zone” for a particular zone is drawn, and also whether the school should take into account whether parents or siblings had gone to that school.

In Auckland homes are advertised as being in the “Grammar Zone” ie the Zone for Auckland Boys’ Grammar or Auckland Girls’ Grammar. Alluded to in a recent British cartoon strip “Alex” about a mercenary merchant banker – “We’ve bought a new house, the right time to buy with interest rates etc etc – and now we can’t afford to keep the three boys at Eton we have to get in the catchment area for a good state school!”

Perhaps it is called something else, and may relate to “Bussing” for racial mix in the States? Hugo999 (talk) 02:04, 29 April 2009 (UTC)

POV check

Nominated for POV check. This article seems to make a lot of conclusions. Some places are listed here:

• The Universal Declaration of Human Rights states that "everybody" has the right to education, hence the right accures to all individuals, although children are understood as the main beneficiaries.[25]

• Today education is considered an important public function and the state is seen as the chief provider of education through the allocation of substantial budgetary resources and regulating the provision of education.

• The realisation of the right to education on a national level may be achieved through compulsory education, or more specifically free compulsory primary education, as stated in both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights.[30][31]

• It was thought that the state, by assuming a more active role in the sphere of education, could help to make education available and accessible to all. Education had thus far been primarily available to the upper social classes and public education was perceived as a means of realising the egalitarian ideals underlining both revolutions.

Magicxcian (talk) 03:11, 31 January 2011 (UTC)

I will removed the POV banner - all the examples you list of POV are sourced in the article - the article outlines what various international human rights instruments provide on the right to education. You don’t give any insight into why you think these sections are POV, which makes POV assessment difficult. There was a big POV discussion about the human rights article, and having an article about the right to education is in itself not POV.--SasiSasi (talk) 11:56, 17 July 2011 (UTC)

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Edits

Hello all, while reading this article I found a few typos and random letters throughout the article that I took the liberty to fix. Emhenry27 (talk) 14:31, 19 February 2019 (UTC)

Proposal to replace Template:Educational research with the Template:Education

The Template:Educational research box should be removed from this article for the reasons discussed here: Template talk:Educational research#Proposal to replace this with the Template:Education. Sda030 (talk) 15:37, 13 February 2022 (UTC)