Although the right to education is holistic and encompasses all levels and kinds of education,
a general analysis of the international human rights instruments shows that the requirements
of each level of education are prioritised and expressed differently:33
•
Primary or elementary education must be compulsory and available free to all.34
•
Secondary education, including technical and vocational education, must be made
generally available and accessible to all, by every appropriate means, and in
particular by the progressive introduction of free education.35
•
Higher or tertiary education must be made equally accessible to all on the basis of
capacity, by every appropriate means, and in particular by the progressive
introduction of free education.36
•
Basic education must be encouraged or intensified for those persons who have not
received or completed the whole period of their primary education.37
Further, it is now generally agreed that States should also take steps to ensure the wide
availability and accessibility of good quality early childhood development programmes and
pre-school education.
Additional elements and components of the right to education are:
•
The best interests of the child are a primary consideration in the education of those
aged under 18 years.38
•
The development of a system of schools at all levels shall be actively pursued, an
adequate scholarship system must be established, and the material conditions of
teaching staff shall be continuously improved.39
•
States must make educational and vocational information and guidance available and
accessible to all children and take measures to encourage regular attendance at
schools and the reduction of dropout rates.40
33
Article 13(2)(a)-(d) of the ICESCR and article 28(1)(a)-(c) of the CRC.
See UDHR, article 26(1); ICESCR, article 13(2)(a); CRC, article 28(1)(a); Protocol of San Salvador,
article 13(3)(a); African Children’s Charter, article 11(3)(a).
35
Article 13(2)(b) of the ICESCR and article 28(1)(b) of the CRC. See also article 26(1) of the UDHR
and article 13(3)(b) of the Protocol of San Salvador.
36
Article 13(2)(c) of the ICESCR and article 28(1)(c) of the CRC. See also article 26(1) of the UDHR
(which refers to access to higher education on the basis of “merit”) and article 13(3)(c) of the Protocol
of San Salvador.
37
Article 13(2)(d) of the ICESCR and article 13(3)(d) of the Protocol of San Salvador.
38
Article 3 of the CRC.
39
Article 13(2)(e) of the ICESCR.
40
Article 28(1)(d)-(e) of the CRC.
34
43