The CESCR Committee has also fleshed out
features of key rights, articulating that social
programs to realise rights include requirements
of ‘availability, accessibility, acceptability
The essential features of the right to education
are set out in the CESCR Committee’s general
comment No. 13 (1999):
Education in all its forms and at all levels
shall exhibit the following interrelated and
essential features:
(a) Availability: functioning educational
institutions and programmes have to be
available in sufficient quantity;
(b) Accessibility: educational institutions
and programmes have to be accessible to
everyone.
Accessibility has the following overlapping
dimensions:
• Non-discrimination: education must
be accessible to all, especially the
most vulnerable groups, in law and
fact, without discrimination;
• Physical accessibility: education has
to be within safe physical reach,
either by attendance at some
reasonably convenient geographic
location (e.g., a neighbourhood
school) or via modern technology
(e.g., access to a ‘distance learning’
programme);
Many elements of ICESCR obligations, and
some full ICESCR rights, can be immediately
implemented, in the same way as civil and
political rights – for example, the right to join
trade unions, and to strike.24 With respect
to elements of rights that require more time
and resourcing, ICESCR recognises that full
implementation of ICESCR rights may not
118
and adaptability’. An example of how this
is understood in application to the right to
education is outlined in the next text box, and
the right to health in the subsequent text box.
• Economic accessibility: education
has to be affordable to all: whereas
primary education shall be available
‘free to all’, States parties are
required to progressively introduce
free secondary and higher education;
(c) Acceptability: the form and substance
of education, including curricula and
teaching methods, have to be acceptable
(e.g., relevant, culturally appropriate
and of good quality) to students and, in
appropriate cases, parents;
(d) Adaptability: education has to be
flexible so 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.
When considering the appropriate
application of these ‘interrelated and
essential features the best interests of the
student shall be a primary consideration.23
be immediately possible. A further type of
obligation on States is therefore to take steps,
to the maximum of their available resources,
to progressively realise the rights. ‘Progressive
realisation’ fulfils the aspects of ICESCR rights
that are not covered by the elements listed
above. Article 2.1 states: