Further components of the right to education which will be discussed elsewhere in this report include non-discrimination and equality, the right to information, freedom to choose and to establish academic institutions, academic freedom and respect for cultural diversity. The best interests of the child All children below eighteen years of age are entitled to the rights covered in the CRC.41 The CRC establishes that the “best interests of the child” is a primary consideration in all actions concerning children. In this regard, article 3(1) reads: In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. The principle of the best interests of the child is, therefore, a primary consideration when analysing and implementing the right to education in the context of children. The Children’s Committee has also emphasised the child-centred nature of the CRC in relation to the right to education.42 The Committee has stated that, consistent with the CRC’s emphasis on the importance of acting in the best interests of the child, article 29(1) requires education to be child-centred, child-friendly and empowering, as the key goal of education is the development of the individual child’s personality, talents and abilities.43 Teaching methods must, therefore, be tailored to the different needs of each child. Further, the child must be given an opportunity to express his or her views and provide input into decisions related to his or her education.44 The obligation to respect, protect and fulfil the right to education In the late 1990s, the CESCR and various UN independent experts consistently began to incorporate the “tripartite” framework of State obligation in relation to economic, social and cultural rights rights. This framework imposes three types of obligations on State parties: to respect, to protect and to fulfil human rights.45 Failure to perform any of these obligations constitutes a violation of the right. 41 Article 1 of the CRC. See Children’s Committee General Comment No. 1: The Aims of Education CRC/GC/2001/1 17 April 2001 at paras 2 and 9. 43 See article 29 set out above at 30. 44 Children’s Committee General Comment No. 1: The Aims of Education CRC/GC/2001/1 17 April 2001 at para 22. 45 The tripartite framework of State obligation was included in the Maastricht Guidelines on Violations of Economic, Cultural and Social Rights (22-26 January 1997) (Maastricht Guidelines). Paragraph 6 42 44

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