compulsory but the assumption that compulsory schooling equals primary education in length is, however, no longer valid.209 Free The CESCR has stated that the nature of the requirement that primary education be free of charge is unequivocal.210 The right is expressly formulated so as to ensure the availability of primary education in public education institutions without charge to the child, parents or legal guardians. The requirement that primary education be free is a corollary of the requirement that education be compulsory and accessible to all. If primary education were not free, there would be barriers to entry, as children whose parents cannot afford to pay or are not willing to pay would be excluded from education. Any costs would, therefore, jeopardise the realisation of the enjoyment of the right to education. The Special Rapporteur has emphasised the link between free primary education and poverty reduction.211 School fees prevent poor children from accessing education because they cannot afford the cost, closing off their pathway out of poverty.212 The Special Rapporteur has stated that facilitating the elimination of school fees involves two steps:213 1. Investigating the incidence and prevalence of school fees and other financial obstacles in primary education and their detrimental human rights impact. 2. Properly defining “school fees” so as to encompass all financial obstacles, and determining the child’s entitlement to a specified duration and quality of education with the requirement that all financial obstacles be eliminated. The Special Rapporteur has conducted a global review of the charging of fees in primary education.214 This showed school fees are charged in 91 countries, although the Governments of 11 of these countries have made a commitment to eliminate school fees. The pattern of 209 This duration of compulsory education, particularly in relation to other rights of the child, has been discussed in more detail under term of reference (ii). 210 CESCR General Comment No. 11: Plans of action for primary education E/C.12/1999/4 10 May 1999 at para 7. 211 Report of the Special Rapporteur on the right to education E/CN.4/2004/45 15 January 2004 at para 15. 212 The importance of poverty-based exclusion from education has focused the Special Rapporteur on the elimination of fees in primary school. See Report of the Special Rapporteur on the right to education E/CN.4/2003/9 21 January 2003 at para 8. 213 See Report of the Special Rapporteur on the right to education E/CN.4/2004/45 15 January 2004 at para 19. 214 See Report of the Special Rapporteur on the right to education E/CN.4/2004/45 15 January 2004 at para 27 and Table 1 at 11. 85