The CESCR has confirmed that the right to education, like all human rights, encompasses
these levels of State obligation.46 The Committee stated that “States have obligations to
respect, protect and fulfil each of the ‘essential features’ (availability, accessibility,
acceptability, adaptability) of the right to education.”47
In addition, each of the obligations incorporates obligations of both conduct and result.48 The
obligation of conduct requires action reasonably calculated to realise the enjoyment of the
right to education. The obligation of result requires States to achieve specific targets to
satisfy a detailed substantive standard.
The obligation to respect
The obligation to respect requires States, at a minimum, to refrain from interfering with the
enjoyment of economic, social and cultural rights.49 Thus, States must avoid taking measures
that hinder or prevent the enjoyment of the right to education.50 This requires States to
recognise freedoms linked to the full enjoyment of the right to education. For example, a
State must respect the availability of education by not closing private schools.51
The obligation to respect includes the following measures on the part of States:52
•
States have an obligation to remove or amend statutory provisions and correct
administrative practices that involve discrimination in education.
states that “[l]ike civil and political rights, economic, social and cultural rights impose three different
types of obligations on States: the obligations to respect, protect and fulfil. Failure to perform any one
of these three obligations constitutes a violation of such rights.” The obligations to respect, protect and
fulfil have been referred to consistently by the UN in the context of social, economic and cultural rights
since 1999. The first reference by the CESCR to the tripartite framework was made in CESCR
General Comment No. 12: The right to adequate food E/C.12/1999/5 12 May 1999 at para 15. The UN
special rapporteurs with mandates on economic, social and cultural rights now use this typology
consistently.
46
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 46.
47
See CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 50.
48
Maastricht Guidelines at para 7.
49
Maastricht Guidelines at para 6.
50
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 47.
51
CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at
para 50.
52
These obligations reflect those in article 3 of the CADE, which sets out the obligations of State
parties in order to eliminate and prevent discrimination in education.
45