charging school fees shows that they are poverty, rather than policy, based. School fees are particularly widespread in Africa and Asia, but no school fees have been found in the 34 members of the OECD, the EU and the EFTA. Further, government reports under human rights treaties routinely refer to their inability, rather than unwillingness, to introduce free education for all children of compulsory school age. The requirement that education be free should be read widely so that all financial obstacles facing parents, legal guardians and children are eliminated. There are two main types of financial obstacle to the enjoyment of the right to education: the direct and indirect costs of education and the opportunity costs of education. The costs, both direct and indirect, of education include:215 • School fees imposed by the Government, the local authorities or the school for enrolment, tuition and examinations; • School fees in different guises, such as where fees have been nominally eliminated and replaced with homework correction or desk-use fees or “voluntary” financial contributions; • Charges levied for the use of educational facilities and materials (such as laboratories, computers or sports equipment), or for extra-curricular activities (such as excursions or sports), or generally for supplementing teachers’ salaries or school maintenance; and • The cost of textbooks, supplies and equipment (notebooks, sketchbooks, pens and pencils), transportation, meals and school uniforms (where these are required for school attendance or represent a custom whose breach would penalise children without uniforms). The combination of direct and indirect fees and expenditure can be prohibitively expensive and prevent children from enrolling or force them to drop out, thus jeopardising the realisation of the right to education.216 As well as having an obligation to eliminate school fees, States must minimise, and where possible eliminate, indirect costs imposed on students 215 See CESCR General Comment No. 11: Plans of action for primary education E/C.12/1999/4 10 May 1999 at para 7 and Report of the Special Rapporteur on the right to education E/CN.4/2004/45 15 January 2004 at paras 22 and 26. 216 Report of the Special Rapporteur on the right to education E/CN.4/2004/45 15 January 2004 at para 26. Further, economic exclusion in the form of school fees affects girls much more than boys: Report of the Special Rapporteur on the right to education E/CN.4/2004/45 15 January 2004 at paras 19 and 26. Gender parity will be discussed in more detail under term of reference (vii). 86

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