Further components of the right to education which will be discussed elsewhere in this report
include non-discrimination and equality, the right to information, freedom to choose and to
establish academic institutions, academic freedom and respect for cultural diversity.
The best interests of the child
All children below eighteen years of age are entitled to the rights covered in the CRC.41 The
CRC establishes that the “best interests of the child” is a primary consideration in all actions
concerning children. In this regard, article 3(1) reads:
In all actions concerning children, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities or
legislative bodies, the best interests of the child shall be a primary
consideration.
The principle of the best interests of the child is, therefore, a primary consideration when
analysing and implementing the right to education in the context of children. The Children’s
Committee has also emphasised the child-centred nature of the CRC in relation to the right to
education.42 The Committee has stated that, consistent with the CRC’s emphasis on the
importance of acting in the best interests of the child, article 29(1) requires education to be
child-centred, child-friendly and empowering, as the key goal of education is the development
of the individual child’s personality, talents and abilities.43
Teaching methods must,
therefore, be tailored to the different needs of each child. Further, the child must be given an
opportunity to express his or her views and provide input into decisions related to his or her
education.44
The obligation to respect, protect and fulfil the right to education
In the late 1990s, the CESCR and various UN independent experts consistently began to
incorporate the “tripartite” framework of State obligation in relation to economic, social and
cultural rights rights. This framework imposes three types of obligations on State parties: to
respect, to protect and to fulfil human rights.45 Failure to perform any of these obligations
constitutes a violation of the right.
41
Article 1 of the CRC.
See Children’s Committee General Comment No. 1: The Aims of Education CRC/GC/2001/1
17 April 2001 at paras 2 and 9.
43
See article 29 set out above at 30.
44
Children’s Committee General Comment No. 1: The Aims of Education CRC/GC/2001/1 17 April
2001 at para 22.
45
The tripartite framework of State obligation was included in the Maastricht Guidelines on Violations
of Economic, Cultural and Social Rights (22-26 January 1997) (Maastricht Guidelines). Paragraph 6
42
44