for the achievement of qualifications for males and females.290 In addition, States must adopt
legislation and policies to ensure the same admission criteria for males and females at all
levels of education.291 The admission criteria may, however, in accordance with the principle
of substantive equality, take into account existing economic, social, cultural and gender
inequalities. In this regard, States should promote and encourage the enrolment of members
of under - represented gender groups and provide support to increase the academic
preparation and performance of these students.
However, school access alone does not equate to gender parity, as the mere quantification of
girls registered for school does not reflect the substantive idea of “gender equality”. Rather,
promoting high-quality education based on the study and daily practice of human rights is
essential to the mounting of an effective resistance to all forms of exclusion and
discrimination.292
Further, States must ensure that both sexes have the same opportunities to benefit from
scholarships and other study grants.293
The elimination of de facto discrimination and
inequality may require States to take affirmative action in the form of creating scholarships
and other study programmes to enable girls to access higher education.
Curricula
Progress on gender equality is related to the content and quality of education.294 States must
ensure, on a basis of equality of males and females, access to the same curricula, the same
examinations, teaching staff with qualifications of the same standard and school premises and
equipment of the same quality.295 Further, curricula for all students must promote equality
and non-discrimination and eliminate any stereotyped concept of the roles of men and women
in society.296 Educational policies devised in accordance with human rights must promote
curricular development that calls for girls to participate, with syllabuses and curricular that
289
See term of reference (i) for a more extensive discussion of these obligations and their content.
CEDAW article 10(a) and (e).
291
CESCR General Comment No. 16: The equal right of men and women to the enjoyment of all
economic, social and cultural rights E/C.12/2005/4 11 August 2005 at para 30.
292
Report of the Special Rapporteur on the right to education Girls’ right to education E/CN.4/2006/45
8 February 2006 at paras 61 and 63.
293
CEDAW article 10(d).
294
Report of the Special Rapporteur on the right to education Girls’ right to education E/CN.4/2006/45
8 February 2006 at paras 98 – 99.
295
CEDAW article 10(b).
296
CESCR General Comment No. 16: The equal right of men and women to the enjoyment of all
economic, social and cultural rights E/C.12/2005/4 11 August 2005 at para 30 and Special Rapporteur
on the right to education Girls’ right to education E/CN.4/2006/45 8 February 2006 at para 105.
290
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