Part B
Detailed Answers to Questions Posed by the Reference
(i)
how international law, standards and mechanisms define the ‘right to
education’, including with reference to the obligation to respect, protect, promote
and fulfil the right to education.
Summary
•
International human rights instruments affirm the right to education.
•
The right to education in international instruments comprises the dual aspects of:
•
o
the development of the individual; and
o
the promotion of respect for human rights.
The right to education embodies the principles of the universality, indivisibility and
interdependence of all human rights.
•
Education refers to all types and levels of education and includes access to education, the
standard and quality of education and the conditions under which it is given.
In
particular, the right to education comprises four levels of education: primary or
elementary education; secondary education; higher or tertiary education; and basic or
fundamental education.
•
The tripartite framework of State obligation imposes three types of obligations on State
parties: to respect, protect and fulfil the right to education. In turn, the obligation to fulfil
requires parties to facilitate, provide and promote the right to education.
Discussion
Definition of the right to education
International human rights instruments
The right to education is affirmed in a significant number of international human rights
instruments.11 These instruments express the right to education in general terms and as
11
See the articles listed in Appendix 1.
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