Acceptability also requires education to be provided in safe and educationally appropriate
facilities. In this regard, article 19 of the CRC relevantly provides that:
States Parties shall take all appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child.
Children must be free from violence and harassment, both physical and sexual, in school and
on the way to and from school. The right to be free from violence in school includes the right
to be free from corporal punishment.91 If necessary, more child-friendly positive forms of
discipline should be employed.92
Adaptability
The knowledge, skills and values that the generation of future adults will need in their
lifetime is not only unknown but also unknowable.93 Education must therefore be flexible so
that it can adapt to the needs of changing societies and communities and respond to the needs
of students within their diverse social and cultural settings.94 Accordingly, as education
experts develop better tools and methodologies to accommodate the learning styles and any
special needs of all students, the content and approaches of education need to be revised.
In addition to the ongoing need to realign education to the goals of human rights and human
development, education must be able to adapt to technological and scientific advances. Thus,
a culture of continuous improvement must be fostered.
91
See Children’s Committee General Comment No. 1: The Aims of Education CRC/GC/2001/1
17 April 2001 at para 8. Increasingly, national courts are developing jurisprudence prohibiting
physical punishment in schools on the basis that it is humiliating and degrading treatment. For further
discussion on the prohibition on corporal punishment, see term of reference (i) Advisory Council of
Jurists Reference on Torture Final Report (2005), available at http://www.asiapacificforum.net/jurists/r
eferences/torture/ report/index.html (last accessed 4 April 2007).
92
See article 28 of the CRC which requires States to take all appropriate measures to ensure that school
discipline is administered in a manner consistent with the child’s human dignity and in conformity with
the CRC. UNESCO has developed a toolkit on inclusive, learning-friendly environments which
includes a module on positive discipline: see Positive Discipline in the Inclusive, Learning-Friendly
Classroom: A Guide for Teachers and Teacher Educators (Embracing Diversity: Toolkit for Creating
Inclusive, Learning-Friendly Environments, Specialized Booklet 1) (UNESCO Bangkok 2006).
93
Preliminary Report of the Special Rapporteur on the right to education E/CN.4/1999/49 13 January
1999 at para 72.
94
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 6(d).
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