Summary of Answers to Questions Posed by the Reference (i) how international law, standards and mechanisms define the ‘right to education’, including with reference to the obligation to respect, protect, promote and fulfil the right to education. • International human rights instruments affirm the right to education. • The right to education in international instruments comprises the dual aspects of: • o the development of the individual; and o the promotion of respect for human rights. The right to education embodies the principles of the universality, indivisibility and interdependence of all human rights. • Education refers to all types and levels of education and includes access to education, the standard and quality of education and the conditions under which it is given. In particular, the right to education comprises four levels of education: primary or elementary education; secondary education; higher or tertiary education; and basic or fundamental education. • The tripartite framework of State obligation imposes three types of obligations on State parties: to respect, protect and fulfil the right to education. In turn, the obligation to fulfil requires parties to facilitate, provide and promote the right to education. (ii) the nature and scope of the obligation to undertake steps by all appropriate means, including legislative measures, and the requirement to avoid retrogressive measures. Consideration should be given to the following interrelated and essential features of the right to education: availability, accessibility, acceptability and adaptability. The Advisory Council of Jurists is asked to be mindful of fundamental issues including the minimum age of employment, marriage and criminal responsibility. Immediate and progressive obligations • In providing the right to education States have both immediate and progressive obligations. • Immediate obligations include the guarantee that the right to education will be exercised without discrimination and the obligation “to take steps” towards the full realisation of the right to education. 27