The right to
educational freedom
(Articles 13(3) &
13(4)
•
States parties undertake to respect:
o “the liberty of parents and guardians to ensure the
religious and moral education of their children in
conformity with their own convictions”352
o “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”
o “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”, relating to “issues
such as admission, curricula and the recognition of
certificates”
9.1.2 Obligations of State Parties
The core obligation that State parties are bound to respect in terms of the right to education
is the obligation to ensure:
the right of access to public educational institutions and programmes on a
non-discriminatory basis; to ensure that 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’
(art. 13 (3) and (4)).353
In terms of the progressive realization of the right to education, State parties are obliged to
take steps:
• “to ensure that curricula, for all levels of the educational system, are directed to the
objectives identified in article 13 (1)” and “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).”354
• “to respect, protect and fulfil each of the ‘essential features’ (availability, accessibility,
acceptability, adaptability) of the right to education”355
356
• “to prioritize the introduction of compulsory, free primary education”
• “towards the realization of secondary, higher and fundamental education for all
those within its jurisdiction”, including at a minimum the obligation “to adopt and
implement a national educational strategy which includes the provision of secondary,
higher and fundamental education” which includes “mechanisms, such as indicators
and benchmarks on the right to education, by which progress can be closely
monitored.”357
• “to ensure that an educational fellowship system is in place to assist disadvantaged
groups”358
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