•
Accessibility requires the removal of all obstacles (both direct and indirect) to a student’s
participation in education. In particular, education must be physically and economically
accessible to everyone without discrimination.
•
Acceptability means that the form and substance of education, including curricula and
teaching methods, must be acceptable to students and parents. In particular, education
must meet a minimum quality standard and be appropriate to the individual student.
•
Acceptability also requires education to be provided in safe and educationally appropriate
facilities.
•
Adaptability requires education to be flexible so that it can adapt to the changing needs of
society and communities and to technological and scientific advances.
Minimum ages
•
Children forced by economic circumstances or cultural or religious influences into early
work or marriage will not be able to enjoy fully their right to education.
•
States must ensure that all barriers to students enjoying their right to education are
identified and addressed, including setting minimum ages for employment, marriage and
criminal responsibility.
•
The minimum age for employment and marriage should allow students to complete their
primary and secondary (or technical and vocational) education.
Discussion
Immediate and progressive obligations
In providing the right to education States have both immediate and progressive obligations.61
The provision of progressive realisation acknowledges that States may be under financial
constraints that prevent the immediate realisation of the right to education.
Article 2 of the ICESCR sets out the obligations of State parties to the Covenant:
1. Each State Party to the present Covenant undertakes to take steps,
individually and through international assistance and co-operation, especially
economic and technical, to the maximum of its available resources, with a
view to achieving progressively the full realization of the rights recognized in
the present Covenant by all appropriate means, including particularly the
adoption of legislative measures.
61
Article 2 of the ICESCR. See also CESCR General Comment No. 3: The nature of States parties
obligations E/1991/23 14 December 1990 at para 1 and CESCR General Comment No. 13: The right to
education E/C.12/1999/10 8 December 1999 at para 43.
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