therefore, one of the core elements of the right to education. It is, however, important to keep
in mind that the provision of such education does not in itself translate to the realisation of the
right to education.
“Primary” or “elementary” education
The terms “primary education” and “elementary education” are not clearly defined in
international human rights treaties. Usually, primary or elementary education is aimed at
children within the framework of formal primary schooling, but the right to enjoy a minimum
level of education is not necessarily confined to formal education. It also includes, for
example, education within the home and the community.
The CESCR has obtained guidance on the proper interpretation of the term “primary
education” from the World Declaration on Education for All.204 Article 5 of the World
Declaration provides:
The main delivery system for the basic education of children outside the
family is primary schooling. Primary education must be universal, ensure
that the basic learning needs of all children are satisfied, and take into
account the culture, needs, and opportunities of the community.
Supplementary alternative programmes can help meet the basic learning
needs of children with limited or no access to formal schooling, provided that
they share the same standards of learning applied to schools, and are
adequately supported.
[Emphasis in original.]
“Basic learning needs” is defined by article 1 of the World Declaration as comprising both the
essential learning tools (such as literacy, oral expression, numeracy, and problem solving) and
the basic learning content (such as knowledge, skills, values, and attitudes) required by
human beings to be able to survive, to develop their full capacities, to live and work in
dignity, to participate fully in development, to improve the quality of their lives, to make
informed decisions, and to continue learning. The satisfaction of these needs empowers
individuals and confers upon them a responsibility, among other things, to respect and build
upon their collective cultural, linguistic and spiritual heritage, to be tolerant towards different
social, political and religious systems, and to work for international peace and solidarity.
Primary education has two distinctive features: it must be “compulsory” and “available free to
all”. As there has been extensive debate on the nature and scope of human rights obligations
83