Availability should take into account not only enrolment in institutions but also retention of
students in the education system.
Further, education must be provided in a non-
discriminatory and inclusive manner with particular attention focused on vulnerable,
disadvantaged and marginalised groups such as girl children and children with special needs.
Availability also includes parental and child choice of an educational institution and
programme that conforms to their cultural and religious beliefs and takes their language into
account. The best interests of the child and compliance with minimum quality standards
should, however, govern this choice.
The most recent report of the Special Rapporteur on the Right to Education made various
recommendations to States in relation to the four A’s. In relation to the availability of
education, this Report included recommendations that States should:87
•
Increase education budgets to at least 6 per cent of gross national product, in
accordance with international standards.
•
Guarantee a significant and growing budget to bolster programmes for the
construction and improvement of school infrastructure until all national needs are
met. That infrastructure must be sited within communities and include a drinking
water supply and separate, private, safe sanitation services for girls.
Accessibility
According to the CESCR, accessibility means that educational institutions and programmes
must be accessible to everyone, without discrimination, within the jurisdiction of the State
party.88 The CESCR went on to outline the three following overlapping dimensions of
accessibility:
1. Non-discrimination:
Education must be accessible to all, especially the most
vulnerable groups, in law and fact, without discrimination on any of the prohibited
grounds.
87
Report of the Special Rapporteur on the right to education Girls’ right to education E/CN.4/2006/45
8 February 2006 at paras 127 – 134. This report focused on girls’ right to education and will therefore
be discussed in more detail under term of reference (vii).
57