•
If a country has sufficient available resources, it must fulfil immediately all of the
obligations set out in article 13(2) of ICESCR and article 29(1) of CRC.
•
If a country is unable to achieve this immediately due to financial constraints, the full
realisation of the right to education is a progressive undertaking. However, each State has
a minimum core obligation to ensure the satisfaction of, at the very least, minimum
essential levels of the right to education
•
States must avoid all retrogressive measures which directly or indirectly adversely affect
the current standard and availability of education in the State.
•
States must adopt a detailed plan of action aimed at securing the progressive
implementation of the right to compulsory and free primary education without undue
detriment to other levels of education.
Essential features of the right to education
•
Education in all its forms and at all levels should meet the four interrelated and essential
features of availability, accessibility, acceptability and adaptability (the four A’s).
•
Availability requires the capacity of educational institutions and programmes to be
matched to the number of students needing such facilities.
•
Accessibility requires the removal of all obstacles (both direct and indirect) to a student’s
participation in education. In particular, education must be physically and economically
accessible to everyone without discrimination.
•
Acceptability means that the form and substance of education, including curricula and
teaching methods, must be acceptable to students and parents. In particular, education
must meet a minimum quality standard and be appropriate to the individual student.
•
Acceptability also requires education to be provided in safe and educationally appropriate
facilities.
•
Adaptability requires education to be flexible so that it can adapt to the changing needs of
society and communities and to technological and scientific advances.
Minimum Ages
•
Children forced by economic circumstances or cultural or religious influences into early
work or marriage will not be able to enjoy fully their right to education.
•
States must ensure that all barriers to students enjoying their right to education are
identified and addressed, including setting minimum ages for employment, marriage and
criminal responsibility.
•
The minimum age for employment and marriage should allow students to complete their
primary and secondary (or technical and vocational) education.
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