The International Covenant on Economic, Social and Cultural Rights
ill. Victims of natural disasters, people living in disaster-prone areas and
other specially disadvantaged groups may need special attention and
sometimes priority consideration with respect to accessibility of food.
A particular vulnerability is that of many indigenous population groups
whose access to their ancestral lands may be threatened.
In the spirit of article 56 of the Charter of the United Nations, the right to
adequate food has been enshrined in articles 11, 2.1, and 23 of the ICESCR
and the Rome Declaration of the World Food Summit. It is also recognized
in Article 24(2)(c) of the CRC, in Article 54(1) and 54 (2) of the Additional
Protocol to the Geneva Convention, and Relating to the Protection of
Victims of International and Non-International Armed Conflicts, in Article
25 of the UDHR, in principles 4 and 8 of the Declaration of the Rights
of the Child, in the Universal Declaration on the Eradication of Hunger
and Malnutrition (1974), in the Declaration on the Protection of Women
and Children in Emergency and Armed Conflicts (1974), in the World
Employment Conference (1976), in the article 1(7), 1 (14) of the Declaration
of Principles of the World Conference on Agrarian Reform and Rural
Development (1979), in the Codex Alimentarius Commission of the Code
of Ethics for International Trade (1979), in the International Conference on
Nutrition (ICN) World Declaration on Nutrition (1992), in article 1 of the
Rome Declaration on World Food Security (1996) and in the Plan of Action
of the World Food Summit (1996).
1.6 Right to Education
Education is an important means
of promoting human rights. The
enjoyment of many civil and
political rights, such as the right
to information, right to equal
access to public service, freedom
of expression, assembly and
association, the right to vote and
to be elected depends on at least
a minimum level of education,
including literacy. Similarly, many
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Right to Education:
Full Constitutional Guarantee
Albania, Algeria, Argentina, Australia, Austria
Azerbaijan, Barbados, Belgium, Belize, Bolivia, Bosnia
and Herzegovina, Brazil, Bulgaria, Canada, Cape
Verde, Chile, China, Columbia, Congo, Costa Rica,
Croatia, Cuba, Denmark, Ecuador, Egypt, Estonia,
Finland, France, Gambia, Georgia, Germany, Ghana,
Haiti, Honduras, Iceland, Ireland, Italy, Japan, Latvia,
Liechtenstein, Lithuania, Madagascar, Malta, Mauritius,
Mexico, Netehrlands, Norway, Palau, Panama,
Paraguay, Peru, Poland, Portugal, Korea, Moldova,
Romania, Russia, Rwanda, Saudi Arabia, South Africa,
Spain, Suriname, Sweden, Switzerland, Tajikistan,
Thailand, Trinidad and Tobago, Tunisia, Ukraine, UAE,
UK, Uruguay, Venezuela, Former Yugoslavia
economic, social and cultural rights, such as the right to work, right to form
trade unions, to take part in cultural life, to enjoy the benefits of scientific
progress and to receive higher education on the basis of capacity, can
only be exercised in a meaningful way after acquiring a minimum level
of education. So, the right to education is a right in itself as well as an
enabling right. It ‘creates the “voice” through which rights can be claimed
and protected’, and without education people lack the capacity to
‘achieve valuable functioning as part of the living’. If people have access to
education they can develop the skills, capacity and confidence to secure
other rights. Education gives people the ability to access information
detailing the range of rights that they hold, and government’s obligations.
It supports people in developing the communication skills to demand
these rights, the confidence to speak in a variety of forums, and the ability
to negotiate with a wide range of government officials and power holders.
The International Covenant on Economic, Social and Cultural Rights
(ICESCR) devotes two articles to the right to education, articles 13 and 14
which set out the detailed formulation of the right to education. Article 13
contains a general statement that everyone has the right to education and
that education should contribute to the full development of the human
personality and the sense of its dignity. It also specifically stipulates(a) Primary education shall be compulsory and available free to all;
(b) 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;
(c) Higher education shall be made equally accessible to all, on the basis of
capacity, by every appropriate means, and in particular by the progressive
introduction of free education;
(d) Fundamental education shall be encouraged or intensified as far as
possible for those persons who have not received or completed the whole
period of their primary education;
(e) The development of a system of schools at all levels shall be actively
pursued, an adequate fellowship system shall be established, and the
material conditions of teaching staff shall be continuously improved.
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