2.3.1 Right to Education in International Bill of Human Rights
Initially, the international Bill of Rights set the standards of right to education. The UDHR has set
the spirit and subsequently two operative covenants (ICCPR and ICESCR) have illustrated
dimensions of this right. UDHR, in Article 26 enunciated that everyone has the right to education:
with these introductory remarks, it has set the following dimensions of the right:
Firstly, education shall be free, at least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional education shall be made generally
available and higher education shall be equally accessible to all on the basis of merit. Secondly,
Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. Thirdly, It shall promote
understanding, tolerance and friendship among all Nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace. Fourthly, Parents have a
prior right to choose the kind of education that shall be given to their children.
Although ICCPR 14 has incorporated some notion of RTE in Article 18(4) 15 but the right has
explicitly elaborated in Article 1316 and 1417 of ICESCR. Article 13, the longest provision in the
Covenant, is the most wide-ranging and comprehensive article on the right to education in
international human rights law.18 The reason it has been considered as the most comprehensive
article is because it has facilitate the elaboration of the dimensions laid down by the UDHR. It
would not be excessive if we say the contemporary ideas of RTE have been developed on the basis
of Article 13 of the ICESCR. Now the question is what is in it that makes it so fundamental. As we
see that UDHR has indicates the dimensions like free and compulsory elementary and
fundamental education, with the emphasis on technical and vocation education, access to higher
education as per the capability and right to choose particular streams of education. Article 13 has
14
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976)
999 UNTS 171 (ICCPR)
The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable,
legal guardians to ensure the religious and moral education of their children in conformity with their own convictions,
See, Annexure
ibid
UNESCO and ECOSOC ‘Right to Education: Scope and Implementation’ (General Comment 13 on the right to
education (Art. 13 of the International Covenant on Economic, Social and Cultural Rights) 4
<unesdoc.unesco.org/images/0013/001331/133113e.pdf> accessed 1 June 2014
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