2.4.4. Convention on Elimination of All kinds of Discrimination Against Women38 The CEDAW 1989 in art. 10 indicates the points where potential discrimination between men and women may ensue, and stipulates the State parties to take effective measures against it. These areas include equality of access to educational institutions, same curricula and facilities, elimination of stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation, same opportunities for scholarships, equal opportunities for physical education, and special emphasis on family planning and family well-being. 2.4.5 The International Convention on the Elimination of All Forms of Racial Discrimination (CERD)39 CERD in art. 2 states that the States Parties shall take special and concrete measures in the social, economic, cultural and other fields for the adequate development and protection of certain racial groups or individuals to guarantee the full and equal enjoyment of human rights and fundamental freedoms. It also provides ensuring without discrimination the enjoyment of certain rights amongst which education is one.40 2.5 Right to Education in the Domestic Legal System Right to education has not been enlisted as a fundamental right in the constitution of Bangladesh. It appears in Part II of the Constitution as a Fundamental Principle of State Policy (FPSP), meaning the state will formulate its laws and policies based upon these principles. As a FPSP, RTE is not a justiciable right under the constitutional regime of Bangladesh. Art. 15 of the Constitution requires the State requires the State to secure to its citizens the provision of basic necessities of life, including food, clothing, shelter, education and medical care,41 whereas Art.17 of the Constitution pledges that the State shall adopt effective measures for the following purposes: a) establishing a uniform, mass oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law; (b) relating education to the needs of society and producing properly trained and motivated citizens to serve those needs; 38 (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13 (CEDAW) (adopted 7 March 1966, entered into force 4 January 1969) 660 UNTS 195 (CERD) art.5 (e)(v) The Constitution of the People’s Republic of Bangladesh (adopted 4 November 1972, entered into force 16 December 1972) art.15 39 40 41 Page | 20