relating to compulsory and free levels of education, it is necessary to consider these elements in further detail. Compulsory The requirement for compulsory primary education means that no one should prevent a child from obtaining a minimum level of education. The CESCR has stated that “[n]either parents, nor guardians, nor the State are entitled to treat as optional the decision as to whether or not a child should have access to primary education.”205 In addition, States are obliged to take positive steps to ensure that primary education is freely available and compulsory. It is, therefore, not sufficient for States simply to affirm that primary education is compulsory. The compulsory component of primary education has a close connection to the prohibition on discrimination in education. The CADE establishes that “discrimination” includes any distinction which, being based on race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth, has the purpose or effect of depriving children from accessing elementary levels of education.206 However, in reality, millions of children around the world, particularly female children, children with special needs (e.g. children with disabilities) or children in special circumstances (e.g. internally displaced children) continue to be excluded from education. Attention must also be drawn to the quality and duration of legally required compulsory education. In this regard, the CESCR has emphasised that the education offered must be adequate in quality, relevant to the child and must promote the realisation of the child’s other rights.207 Further, compulsory primary education may be too short to constitute the realisation of the right to education. The Special Rapporteur has stated that the right to education requires a definition of its guaranteed duration in accordance with all other rights of the child, especially regarding work, marriage or military service.208 Thus, primary schooling must be 204 CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 9. 205 CESCR General Comment No. 11: Plans of action for primary education E/C.12/1999/4 10 May 1999 at para 6. 206 Article 1(a) of the CADE. The prohibition on discrimination in education will be discussed in more detail under term of reference (vi). 207 CESCR General Comment No. 11: Plans of action for primary education E/C.12/1999/4 10 May 1999 at para 6. 208 Report of the Special Rapporteur on the right to education E/CN.4/2004/45 15 January 2004 at para 21. See also Progress Report of the Special Rapporteur on the right to education E/CN.4/2000/6, 1 February 2000 at paras 46 – 48. 84