applying universally. For example, article 26(1) of the Universal Declaration on Human
Rights 1948 (UDHR) states that “[e]veryone has the right to education”.
The term “education” is expressly defined in the Convention against Discrimination in
Education (CADE), while several other international instruments set out the aims of
education. The articulation of such aims can, however, be seen in a broader sense as defining
the term “education”. Article 1(2) of the CADE defines education in wide and inclusive
terms:
For the purposes of this Convention, the term ‘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.
Rather than providing similar definitions, most human rights instruments set out the aims of
education. The right to education in international instruments comprises the dual aspects of
development of the individual and promotion of respect for human rights.
Article 26(2) of UDHR provides that:12
Education shall be directed to the full development of the human personality
and to the strengthening of respect for human rights and fundamental
freedoms. It shall promote understanding, tolerance and friendship among all
nations, racial or religious groups, and shall further the activities of the
United Nations for the maintenance of peace.
Article 13(1) of the ICESCR reaffirms article 26(2) of the UDHR and adds two more aspects
to the right to education: education shall be directed also to the sense of dignity of the human
personality and education shall enable all persons to participate effectively in a free society.
The CRC expands on the dual aims of education further, touching on respect both for one’s
own culture and nation and for other civilisations, as well as diversity in society and respect
for the environment. Article 29(1) of the CRC requires the education of the child to be
directed to:
(a) The development of the child’s personality, talents and mental and physical abilities
to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms, and for the
principles enshrined in the Charter of the United Nations;
12
The CADE expresses the aims of education in the same terms as the UDHR. See article 5(1) of the
CADE set out in Appendix 1.
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