and parents or legal guardians.217 Where financial circumstances would prevent children from
accessing primary education or participating in extra activities, financial assistance must be
provided to the families to enable the full enjoyment of the right to education.
The
elimination of the costs of primary education must be addressed by the required plan of
action.
In addition to eliminating direct and indirect costs, States must address the opportunity costs
of schooling. In this regard, financial obstacles can be overcome by providing financial
incentives, such as free meals and transportation, for poor families to send their children to
school and keep them at school.218
The privatisation of education has also gained international attention. The private schooling
system supplements but does not replace the public schooling system.
While some
governments and international financial institutions consider privatisation is the most efficient
means to finance the school system, others strongly disagree. In this connection, the HRC has
held that the State does not discriminate when it provides more subsidies to public schools
than to private schools.219 Similarly, the ECHR has held that States are not required to
subsidise private education of a particular type or level.220
Secondary education, including technical and vocational education, must be made generally
available and accessible to all
Human rights instruments state that secondary and vocational or technical training should be
generally available and accessible to all.221 Article 13(2)(b) of ICESCR provides that:
Secondary education in its different forms, including technical and vocational
secondary education, shall be made generally available and accessible to all
by every appropriate means and in particular by the progressive introduction
of free education.
It is clear, therefore, that States have, at minimum, an obligation to regulate secondary and
technical levels of education in order to ensure that programmes, services and institutions
exist and function in accordance with the aims of the right to education. It was traditionally
217
The CESCR has said, however, that some indirect costs may be permissible, subject to the
Committee’s examination on a case-by-case basis: see CESCR General Comment No. 11: Plans of
action for primary education E/C.12/1999/4 10 May 1999 at para 7.
218
Report of the Special Rapporteur on the right to education E/CN.4/2004/45 15 January 2004 at
para 22.
219
Blom v Sweden Communication No. 191/1985 4 April 1988 at 10.3 (HRC).
220
Simpson v United Kingdom Application No. 14688/89 (1989) 64 DR 188 (ECHR).
221
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.
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