understood that the provisions in international law requiring a minimum level of “compulsory
and free” education generally applied only to primary education. However, the language used
in the ICESCR implies that, over time, as the minimum level of education is realised,
opportunities to complete secondary education and vocational and technical training should
be extended to all children.
Further, as a result of the extension of the minimum age of employment and marriage, a
global trend points to extending the number of years of compulsory education beyond primary
school and into secondary education.222 To the extent that this is done, such secondary
education must also be free to ensure that it is accessible to all. Indeed, many States have
included secondary education and technical and vocational training as part of the minimum
level of compulsory and free education that should be made available and accessible to all
children.
Secondary education223
According to the CESCR “secondary education” includes completion of basic education and
consolidation of the foundations for life-long learning and human development. It prepares
students for vocational and higher educational opportunities.
The content of secondary
education will, however, vary among States and over time.
Article 13(2)(b) applies to
secondary education “in its different forms”, recognising that secondary education demands
flexible curricula and varied delivery systems to respond to the needs of students in different
social and cultural settings.
The CESCR has commented on the components of the article 13(2)(b) obligation. The phrase
“generally available” signifies, first, that secondary education is not dependent on a student’s
apparent capacity or ability and, secondly, that secondary education will be distributed
throughout the State in such a way that it is available on the same basis to all. Next,
secondary education should be both physically and economically “accessible” to everyone
without discrimination. The phrase “every appropriate means” reinforces the point that State
parties should adopt varied and innovative approaches to the delivery of secondary education
in different social and cultural contexts. The obligation of “progressive introduction of free
education” means that while States must prioritise the provision of free primary education,
222
Coomans “In Search of the Core Content of the Right to Education” in Chapman and Russel (eds)
Core Obligations: Building a Framework for Economic, Social and Cultural Rights (2002) 217 at 227;
see also, in general, the body of work of the Special Rapporteur on the right to education.
223
This section is based on CESCR General Comment No. 13: The right to education E/C.12/1999/10
8 December 1999 at paras 12 – 14.
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