The International Covenant on Economic, Social and Cultural Rights  That education should be recognised as a fundamental right in the constitution (There could be an age limit of enjoying this right. For example, India has incorporated the Education Right as a Fundamental Right in article 21A mentioning that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.  To enact a legislature on the Right to Education (For example, the Indian constitutional obligation on the Education Right has come into force through the passing of the Right of Children to Free and Compulsory Education Act in 2009).  To enact a comprehensive law to roll out the National Education Policy 2010 (the Bangladesh Government has already drafted a comprehensive law on Education for the above mentioned purpose which is yet to be passed by the parliament). 5. Conclusion In order to achieve the exercise and enjoyment of economic, social and cultural rights, non-discrimination and equality are the fundamental components of international human rights law. Article 2(2) of the ICESCR obliges each State Party “to guarantee that the rights enunciated in the Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. The principles of non-discrimination and equality are recognised throughout the Covenant. In the Preamble it stresses the “equal and inalienable rights of all” and the Covenant expressly recognises the rights of “everyone” to the various Covenant rights such as, inter alia, the right to work, just and favourable conditions of work, trade union freedoms, social security, an adequate standard of living, health and education and participation in cultural life. The Covenant also explicitly mentions the principles of non-discrimination and equality with respect to some individual rights. Article 3 requires States to undertake to ensure the equal right of men and women to enjoy the Covenant rights and Article 7 includes the “right 70 to equal remuneration for work of equal value” and “equal opportunity for everyone to be promoted” in employment. Article 10 stipulates that, inter alia, mothers should be accorded special protection during a reasonable period before and after childbirth and that special measures of protection and assistance should be taken for children and young persons without discrimination. Article 13 recognizes that “primary education shall be compulsory and available free for all” and provides that “higher education shall be made equally accessible to all”. The preamble, Articles 1(3) and 55 of the UN Charter and Article 2(1) of the Universal Declaration of Human Rights, other numerous instruments like the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW); the Convention relating to the Status of Refugees; the Convention relating to the Status of Stateless Persons; the Convention on the Rights of the Child; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the Convention on the Rights of Persons with Disabilities, ILO Convention No. 111, Discrimination in Respect of Employment and Occupation; the UNESCO Convention against Discrimination in Education etc., also prohibits discrimination in the enjoyment of economic, social and cultural rights. The UN Committee on Economic, Social and Cultural Rights in its General Comment 3 has developed ‘a minimum threshold approach’ whereby certain minimum standards should be achieved by all states, irrespective of their economic situation. The committee developed this concept mainly to encounter the argument that lack of resources hinders fulfillment of obligations. According to this jurisprudence, the government is obliged to take all positive and negative measures required in order to prevent individuals from being deprived of the most basic conditions that allow her/ him to carry on an existence. To meet commitments to the right to shelter for the large number of the homeless, the Government has to adopt pro-poor policies. Repeated evictions without ensuring alternative resettlement plans and the failure to protect public and private lands from illegal encroachments by land 71

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