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 88

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