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
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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
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