Fundamental education shall be encouraged or intensified as far as possible
for those persons who have not received or completed the whole period of
their primary education.
As mentioned previously, the term “fundamental education” as used in the ICESCR is
equivalent to the term “basic education” in the Protocol of San Salvador.232 The international
instruments state that fundamental education must be “encouraged or intensified as far as
possible”. This can be contrasted with the requirements of availability and accessibility
imposed in relation to the other levels of education.
The CESCR has stated that, while primary education is not synonymous with basic education,
there is a close correspondence between the two.233 The Committee endorsed the position
taken by UNICEF that “[p]rimary education is the most important component of basic
education”.
According to the CESCR,
“[i]n general terms, fundamental education
corresponds to basic education as set out in the World Declaration on Education For All.”234
Thus, basic or fundamental education should provide individuals with a minimum level of
knowledge, skills and information to enable them to participate and contribute to society in
accordance with the broad aims of the right to education.
By virtue of article 13(2)(d), individuals “who have not received or completed the whole
period of their primary education” have a right to fundamental education.
However,
according to the CESCR, the right to fundamental education extends to everyone who has not
yet satisfied his or her “basic learning needs”.235 In this regard, the basic learning need of
functional literacy is especially important for those groups which are often excluded, such as
girls and women, members of minority language groups and those with disabilities.
The right to fundamental education extends to everyone, irrespective of age, gender, race,
ethnicity, nationality or ability. More specifically, the guarantee of basic or fundamental
education extends to those who have been marginalised, discriminated against or socially
excluded due to their lack of education such as illiterate persons, females, persons with
232
Article 13(3)(d) of the Protocol of San Salvador is very similar to article 13(2)(d) of the ICESCR. It
reads: “Basic education should be encouraged or intensified as far as possible for those persons who
have not received or completed the whole cycle of primary instruction”.
233
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 9.
234
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 22. See above at 80 for the definition of basic education in article 1 of the World Declaration on
Education for All.
235
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 23.
92