interpreted and added the general requirement as stated in the UDHR. In level of education has
clearly classified into primary, secondary (with its different forms) and higher education. The most
significant feature of article 13 is that it has not only mentioned the level of education but also
mandated that these levels of education (particularly primary and secondary level) have to be made
accessible, available to all.
It is clear from the provisions of article 13(2) that the state is expected to take active steps aimed at
implementing the right to education. It must utilize the maximum of its available resources to
achieve implementation.19
2.3.1.1 Key Components of Right to Education under ICESCR
The General Comment 1320 on the RTE further enunciates the dimensions of RTE discussed
above:
(a) Availability – this means the educational institutions operating within the country must be
sufficient in quantity. The institutions must have the minimum facilities 21 required for an
educational institution. Functioning educational institutions and programmes have to be available
in sufficient quantity within the jurisdiction of the State party.
(b) Accessibility - educational institutions and programmes have to be accessible to everyone,
without discrimination. The notion of accessibility has three overlapping dimensions: Nondiscrimination22 , physical accessibility23 meaning either it should be within reach geographically or
via modern technology such as distance learning, Economic accessibility, i.e.- education has to be
affordable to all.
19
Klaus (n 7) 39
20
CESCR General Comment No. 13: The Right to Education (Art. 13) (adopted on 8 December 1999)
What they require to function depends upon numerous factors, including the developmental context within which
they operate; for example, all institutions and programmes are likely to require buildings or other protection from the
elements, sanitation facilities for both sexes, safe drinking water, trained teachers receiving domestically competitive
salaries, teaching materials, and so on; while some will also require facilities such as a library, computer facilities and
information technology, Olivier De Schutter, International Human Rights Law: Cases, Materials, Commentary (1 edn,
Cambridge University Press, New York 2010) 254
Education must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination on
any of the prohibited grounds. Cited in: CESCR General Comment No. 13: The Right to Education (Art. 13)
(adopted on 8 December 1999)
ibid
21
st
22
23
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