Chapter Two
Dimensions of Right to Education under National and International Framework
2.1 Introduction
The jurisprudence of Human rights encompasses certain rights as prerequisite to effective
realization of other rights (be it civil and political or economic, social and cultural or group rights).
These may be termed as core human rights, in absence of which prevalence of human rights and
fundamental freedom remains a hollow aspiration. As one of such core human rights, education
can be termed as an empowerment right that works as the primary vehicle by which economically
and socially marginalized adults and children can lift themselves out of poverty and obtain the
means to participate fully in their communities. 6 Universal Declaration of Human Rights in
verbatim mandated the education to be directed for the full development of the human personality
and to the strengthening of respect for human rights and fundamental freedoms. The remarkable
lines tend to signify the indispensable prominence of right to education in the human rights
discourse. As a corner stone, the spirit of UDHR has been objectified in the contemporary
international human rights instruments, constitutional dispensation, (even more in) national legal
and policy framework.
This Chapter scrutinises the key international instruments and frameworks featuring right to
education. In doing so, the Chapter will focus on the dimensions and explanation of the right to
education, its key components, and finally, how the principles underlying the international
instruments are reflected in the national policies and legislations.
2.2 Discourse on Right to Education
To understand the nature of right to education, at the start, it is essential to conceptualize the
connotation of the term Education. It will crystallize our understanding to draw a demarcating line
between education and mere literacy. This thins but major line plays a central role in formulating
framework and action plan in international and national arena. Moreover, the broader
understanding of the concept of education will help to understand the magnitude of Right to
education as human rights. At the beginning, it would be pertinent to quote Nelson Mandela who
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CESCR General Comment No. 13: The Right to Education (Art. 13) (adopted on 8 December 1999)
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