(ii)
the nature and scope of the obligation to undertake steps by all appropriate
means, including legislative measures, and the requirement to avoid
retrogressive measures.
Consideration should be given to the following
interrelated and essential features of the right to education: availability,
accessibility, acceptability and adaptability. The Advisory Council of Jurists is
asked to be mindful of fundamental issues including the minimum age of
employment, marriage and criminal responsibility.
Summary
Immediate and progressive obligations
•
In providing the right to education States have both immediate and progressive
obligations.
•
Immediate obligations include the guarantee that the right to education will be exercised
without discrimination and the obligation “to take steps” towards the full realisation of
the right to education.
•
If a country has sufficient available resources, it must fulfil immediately all of the
obligations set out in article 13(2) of ICESCR and article 29(1) of CRC.
•
If a country is unable to achieve this immediately due to financial constraints, the full
realisation of the right to education is a progressive undertaking. However, each State has
a minimum core obligation to ensure the satisfaction of, at the very least, minimum
essential levels of the right to education
•
States must avoid all retrogressive measures which directly or indirectly adversely affect
the current standard and availability of education in the State.
•
States must adopt a detailed plan of action aimed at securing the progressive
implementation of the right to compulsory and free primary education without undue
detriment to other levels of education.
Essential features of the right to education
•
Education in all its forms and at all levels should meet the four interrelated and essential
features of availability, accessibility, acceptability and adaptability (the four A’s).
•
Availability requires the capacity of educational institutions and programmes to be
matched to the number of students needing such facilities.
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