jurisdiction compulsory primary education, free of charge, undertakes, within two years,
to work out and adopt a detailed plan of action for the progressive implementation,
within a reasonable number of years, to be fixed in the plan, of the principle of
compulsory education free of charge for all.
9.1 Understanding the Right to Education
Article 13 sets out the importance of the right to education and its link to human dignity. It
provides that State 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,” and “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.” With respect to climate change, the CESCR has noted that
“education has a vital role in […] protecting the environment.”333
9.1.1 Concept & Content
The right to education is indispensable to the realization of other rights enshrined in
ICESCR:
As an empowerment right, education is the primary vehicle by which economically
and socially marginalized adults and children can lift themselves out of poverty and
obtain the means to participate fully in their communities. Education has a vital role
in empowering women, safeguarding children from exploitative and hazardous
labour and sexual exploitation, promoting human rights and democracy, protecting
the environment, and controlling population growth.334
The CESCR has affirmed that State parties are obligated to ensure that education conforms
to the aims and objectives set out in Article 13(1), as interpreted in light of a number of
more recent instruments, including: the World Declaration on Education for All (art. 1), the
Convention on the Rights of the Child (art. 29 (1)), the Vienna Declaration and Programme of Action
(Part I, para. 33 and Part II, para. 80), and the Plan of Action for the United Nations Decade for
Human Rights Education (para. 2).335
Elements of the Right to Receive Education336
Availability
“functioning educational institutions and programmes have to be available
in sufficient quantity within the jurisdiction of the State party”
Acceptability “the form and substance of education, including curricula and teaching
methods, have 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 art. 13 (3) and
(4))”
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
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