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Provisions on education in international and regional texts

INTERNATIONAL

Article 55, Charter of the United Nations
With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
1. higher standards of living, full employment, and conditions of economic and social progress and development;
2. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and
3. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
 
Article 56, Charter of the United Nations
All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.
 
Article 2, Universal Declaration of Human Rights (UDHR)
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status...
 
Article 26, Universal Declaration of Human Rights (UDHR)
1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to their children.
 
Article 5, International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD)
In compliance with the fundamental obligations laid down in article 2 of this
Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
(e) Economic, social and cultural rights, in particular:
(v) The right to education and training;
 
Article 2, International Covenant on Civil and Political Rights (ICCPR)
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
 
Article 6, International Covenant on Civil and Political Rights (ICCPR)
1. Every human being has the inherent right to life. This right shall be protected by law.
No one shall be arbitrarily deprived of his life.
 
Article 7, International Covenant on Civil and Political Rights (ICCPR)
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
 
Article 9, International Covenant on Civil and Political Rights (ICCPR)
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
 
Article 18, International Covenant on Civil and Political Rights (ICCPR)
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
 
Article 19, International Covenant on Civil and Political Rights (ICCPR)
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
 
Article 19, International Covenant on Civil and Political Rights (ICCPR)
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
 
Article 22, International Covenant on Civil and Political Rights (ICCPR)
1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the International Labour
Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.
 
Article 26, International Covenant on Civil and Political Rights (ICCPR)
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
 
Article 2, International Covenant on Economic, Social and Cultural Rights
(ICESCR)
1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.
2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
 
Article 4, International Covenant on Economic, Social and Cultural Rights
(ICESCR)
The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.
 
Article 6, International Covenant on Economic, Social and Cultural Rights
(ICESCR)
1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
 
Article 7, International Covenant on Economic, Social and Cultural Rights
(ICESCR)
The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;
(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays
 
Article 8, International Covenant on Economic, Social and Cultural Rights
(ICESCR)
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of his choice,
subject only to the rules of the organization concerned, for the promotion and protection
of his economic and social interests. No restrictions may be placed on the exercise of
this right other than those prescribed by law and which are necessary in a democratic
society in the interests of national security or public order or for the protection of the
rights and freedoms of others;
(b) The right of trade unions to establish national federations or confederations and the
right of the latter to form or join international trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations other than those
prescribed by law and which are necessary in a democratic society in the interests of
national security or public order or for the protection of the rights and freedoms of
others;
(d) The right to strike, provided that it is exercised in conformity with the laws of the
particular country.
2. This article shall not prevent the imposition of lawful restrictions on the exercise of
these rights by members of the armed forces or of the police or of the administration of
the State.
3. Nothing in this article shall authorize States Parties to the International Labour
Organisation Convention of 1948 concerning Freedom of Association and Protection of
the Right to Organize to take legislative measures which would prejudice, or apply the
law in such a manner as would prejudice, the guarantees provided for in that
Convention.
Article 9, International Covenant on Economic, Social and Cultural Rights
(ICESCR)
The States Parties to the present Covenant recognize the right of everyone to social
security, including social insurance.
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Article 12, International Covenant on Economic, Social and Cultural Rights
(ICESCR)
1. The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.
2. The steps to be taken by the States Parties to the present Covenant to achieve the full
realization of this right shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for
the healthy development of the child;
(b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and control of epidemic, endemic, occupational and other
diseases;
(d) The creation of conditions which would assure to all medical service and medical
attention in the event of sickness.
Article 13, International Covenant on Economic, Social and Cultural Rights
(ICESCR)
1. The States Parties to the present Covenant recognize the right of everyone to
education. They agree that education shall be directed to the full development of the
human personality and the sense of its dignity, and shall strengthen the respect for
human rights and fundamental freedoms. They further agree that education shall enable
all persons to participate effectively in a free society, promote understanding, tolerance
and friendship among all nations and all racial, ethnic or religious groups, and further
the activities of the United Nations for the maintenance of peace.
2. The States Parties to the present Covenant recognize that, with a view to achieving
the full realization of this right:
(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;
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(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.
3. The States Parties to the present Covenant undertake to have respect for the liberty of
parents and, when applicable, legal guardians to choose for their children schools, other
than those established by the public authorities, which conform to such minimum
educational standards as may be laid down or approved by the State and to ensure the
religious and moral education of their children in conformity with their own
convictions.
4. No part of this article shall be construed so as to interfere with the liberty of
individuals and bodies to establish and direct educational institutions, subject always to
the observance of the principles set forth in paragraph I of this article and to the
requirement that the education given in such institutions shall conform to such
minimum standards as may be laid down by the State.
Article 14, International Covenant on Economic, Social and Cultural Rights
(ICESCR)
Each State Party to the present Covenant which, at the time of becoming a Party, has
not been able to secure in its metropolitan territory or other territories under its
jurisdiction compulsory primary education, free of charge, undertakes, within two years,
to work out and adopt a detailed plan of action for the progressive implementation,
within a reasonable number of years, to be fixed in the plan, of the principle of
compulsory education free of charge for all.
Article 23, International Covenant on Economic, Social and Cultural Rights
(ICESCR)
The States Parties to the present Covenant agree that international action for the
achievement of the rights recognized in the present Covenant includes such methods as
the conclusion of conventions, the adoption of recommendations, the furnishing of
technical assistance and the holding of regional meetings and technical meetings for the
purpose of consultation and study organized in conjunction with the Governments
concerned.
Article 10, Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW)
States Parties shall take all appropriate measures to eliminate discrimination against
women in order to ensure to them equal rights with men in the field of education and in
particular to ensure, on a basis of equality of men and women:
(a) The same conditions for career and vocational guidance, for access to studies and for
the achievement of diplomas in educational establishments of all categories in rural as
well as in urban areas; this equality shall be ensured in pre-school, general, technical,
professional and higher technical education, as well as in all types of vocational
training;
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(b) Access to the same curricula, the same examinations, teaching staff with
qualifications of the same standard and school premises and equipment of the same
quality;
(c) The elimination of any stereotyped concept of the roles of men and women at all
levels and in all forms of education by encouraging coeducation and other types of
education which will help to achieve this aim and, in particular, by the revision of
textbooks and school programmes and the adaptation of teaching methods;
(d ) The same opportunities to benefit from scholarships and other study grants;
(e) The same opportunities for access to programmes of continuing education, including
adult and functional literacy programmes, particularly those aimed at reducing, at the
earliest possible time, any gap in education existing between men and women;
(f) The reduction of female student drop-out rates and the organization of programmes
for girls and women who have left school prematurely;
(g) The same Opportunities to participate actively in sports and physical education;
(h) Access to specific educational information to help to ensure the health and wellbeing
of families, including information and advice on family planning.
Article 2, Convention on the Rights of the Child (CRC)
1. States Parties shall respect and ensure the rights set forth in the present Convention to
each child within their jurisdiction without discrimination of any kind, irrespective of
the child's or his or her parent's or legal guardian's race, colour, sex, language, religion,
political or other opinion, national, ethnic or social origin, property, disability, birth or
other status.
2. States Parties shall take all appropriate measures to ensure that the child is protected
against all forms of discrimination or punishment on the basis of the status, activities,
expressed opinions, or beliefs of the child's parents, legal guardians, or family members.
Article 4, Convention on the Rights of the Child (CRC)
States Parties shall undertake all appropriate legislative, administrative, and other
measures for the implementation of the rights recognized in the present Convention.
With regard to economic, social and cultural rights, States Parties shall undertake such
measures to the maximum extent of their available resources and, where needed, within
the framework of international co-operation.
Article 24, Convention on the Rights of the Child (CRC)
1. States Parties recognize the right of the child to the enjoyment of the highest
attainable standard of health and to facilities for the treatment of illness and
rehabilitation of health. States Parties shall strive to ensure that no child is deprived of
his or her right of access to such health care services.
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2. States Parties shall pursue full implementation of this right and, in particular, shall
take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary medical assistance and health care to all
children with emphasis on the development of primary health care;
(c) To combat disease and malnutrition, including within the framework of primary
health care, through, inter alia, the application of readily available technology and
through the provision of adequate nutritious foods and clean drinking-water, taking into
consideration the dangers and risks of environmental pollution;
(d) To ensure appropriate pre-natal and post-natal health care for mothers;
(e) To ensure that all segments of society, in particular parents and children, are
informed, have access to education and are supported in the use of basic knowledge of
child health and nutrition, the advantages of breastfeeding, hygiene and environmental
sanitation and the prevention of accidents;
(f) To develop preventive health care, guidance for parents and family planning
education and services.
3. States Parties shall take all effective and appropriate measures with a view to
abolishing traditional practices prejudicial to the health of children.
4. States Parties undertake to promote and encourage international co-operation with a
view to achieving progressively the full realization of the right recognized in the present
article. In this regard, particular account shall be taken of the needs of developing
countries.
Article 28, Convention on the Rights of the Child (CRC)
1. States Parties recognize the right of the child to education, and with a view to
achieving this right progressively and on the basis of equal opportunity, they shall, in
particular:
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education, including
general and vocational education, make them available and accessible to every child,
and take appropriate measures such as the introduction of free education and offering
financial assistance in case of need;
(c) Make higher education accessible to all on the basis of capacity by every appropriate
means;
(d) Make educational and vocational information and guidance available and accessible
to all children;
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(e) Take measures to encourage regular attendance at schools and the reduction of dropout
rates.
2. States Parties shall take all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child's human dignity and in conformity
with the present Convention.
3. States Parties shall promote and encourage international cooperation in matters
relating to education, in particular with a view to contributing to the elimination of
ignorance and illiteracy throughout the world and facilitating access to scientific and
technical knowledge and modern teaching methods. In this regard, particular account
shall be taken of the needs of developing countries.
Article 29, Convention on the Rights of the Child (CRC)
1. States Parties agree that the education of the child shall be directed to:
(a) The development of the child's personality, talents and mental and physical abilities
to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms, and for the
principles enshrined in the Charter of the United Nations;
(c) The development of respect for the child's parents, his or her own cultural identity,
language and values, for the national values of the country in which the child is living,
the country from which he or she may originate, and for civilizations different from his
or her own;
(d) The preparation of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship among all peoples,
ethnic, national and religious groups and persons of indigenous origin;
(e) The development of respect for the natural environment.
2. No part of the present article or article 28 shall be construed so as to interfere with the
liberty of individuals and bodies to establish and direct educational institutions, subject
always to the observance of the principle set forth in paragraph 1 of the present article
and to the requirements that the education given in such institutions shall conform to
such minimum standards as may be laid down by the State.
Article 30, Convention on the Rights of the Child (CRC)
In those States in which ethnic, religious or linguistic minorities or persons of
indigenous origin exist, a child belonging to such a minority or who is indigenous shall
not be denied the right, in community with other members of his or her group, to enjoy
his or her own culture, to profess and practise his or her own religion, or to use his or
her own language.
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Article 38, Convention on the Rights of the Child (CRC)
2. States Parties shall take all feasible measures to ensure that persons who have not
attained the age of fifteen years do not take a direct part in hostilities.
Article 1, International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (CMW)
1. The present Convention is applicable, except as otherwise provided hereafter, to all
migrant workers and members of their families without distinction of any kind such as
sex, race, colour, language, religion or conviction, political or other opinion, national,
ethnic or social origin, nationality, age, economic position, property, marital status, birth
or other status.
Article 30, International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (CMW)
Each child of a migrant worker shall have the basic right of access to education on the
basis of equality of treatment with nationals of the State concerned. Access to public
pre-school educational institutions or schools shall not be refused or limited by reason
of the irregular situation with respect to stay or employment of either parent or by
reason of the irregularity of the child's stay in the State of employment.
Article 5, Convention on the Rights of Persons with Disabilities (CRPD)
1. States Parties recognize that all persons are equal before and under the law and are
entitled without any discrimination to the equal protection and equal benefit of the law.
2. States Parties shall prohibit all discrimination on the basis of disability and guarantee
to persons with disabilities equal and effective legal protection against discrimination on
all grounds.
3. In order to promote equality and eliminate discrimination, States Parties shall take all
appropriate steps to ensure that reasonable accommodation is provided.
4. Specific measures which are necessary to accelerate or achieve de facto equality of
persons with disabilities shall not be considered discrimination under the terms of the
present Convention.
Article 24, Convention on the Rights of Persons with Disabilities (CRPD)
1. States Parties recognize the right of persons with disabilities to education. With a
view to realizing this right without discrimination and on the basis of equal opportunity,
States Parties shall ensure an inclusive education system at all levels and life long
learning directed to:
(a) The full development of human potential and sense of dignity and self-worth, and
the strengthening of respect for human rights, fundamental freedoms and human
diversity;
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(b) The development by persons with disabilities of their personality, talents and
creativity, as well as their mental and physical abilities, to their fullest potential;
(c) Enabling persons with disabilities to participate effectively in a free society.
2. In realizing this right, States Parties shall ensure that:
(a) Persons with disabilities are not excluded from the general education system on the
basis of disability, and that children with disabilities are not excluded from free and
compulsory primary education, or from secondary education, on the basis of disability;
(b) Persons with disabilities can access an inclusive, quality and free primary education
and secondary education on an equal basis with others in the communities in which they
live;
(c) Reasonable accommodation of the individual's requirements is provided;
(d) Persons with disabilities receive the support required, within the general education
system, to facilitate their effective education;
(e) Effective individualized support measures are provided in environments that
maximize academic and social development, consistent with the goal of full inclusion.
3. States Parties shall enable persons with disabilities to learn life and social
development skills to facilitate their full and equal participation in education and as
members of the community. To this end, States Parties shall take appropriate measures,
including:
(a) Facilitating the learning of Braille, alternative script, augmentative and alternative
modes, means and formats of communication and orientation and mobility skills, and
facilitating peer support and mentoring;
(b) Facilitating the learning of sign language and the promotion of the linguistic identity
of the deaf community;
(c) Ensuring that the education of persons, and in particular children, who are blind,
deaf or deafblind, is delivered in the most appropriate languages and modes and means
of communication for the individual, and in environments which maximize academic
and social development.
4. In order to help ensure the realization of this right, States Parties shall take
appropriate measures to employ teachers, including teachers with disabilities, who are
qualified in sign language and/or Braille, and to train professionals and staff who work
at all levels of education. Such training shall incorporate disability awareness and the
use of appropriate augmentative and alternative modes, means and formats of
communication, educational techniques and materials to support persons with
disabilities.
5. States Parties shall ensure that persons with disabilities are able to access general
tertiary education, vocational training, adult education and lifelong learning without
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discrimination and on an equal basis with others. To this end, States Parties shall ensure
that reasonable accommodation is provided to persons with disabilities.
Rule 38, Rules for the Protection of Juveniles Deprived of their Liberty
Every juvenile of compulsory school age has the right to education suited to his or her
needs and abilities and designed to prepare him or her for return to society. Such
education should be provided outside the detention facility in community schools
wherever possible and, in any case, by qualified teachers through programmes
integrated with the education system of the country so that, after release, juveniles may
continue their education without difficulty. Special attention should be given by the
administration of the detention facilities to the education of juveniles of foreign origin
or with particular cultural or ethnic needs. Juveniles who are illiterate or have cognitive
or learning difficulties should have the right to special education.
Rule 39, Rules for the Protection of Juveniles Deprived of their Liberty
Juveniles above compulsory school age who wish to continue their education should be
permitted and encouraged to do so, and every effort should be made to provide them
with access to appropriate educational programmes.
Article 40, Standard Minimum Rules for the Treatment of Prisoners
Every institution shall have a library for the use of all categories of prisoners,
adequately stocked with both recreational and instructional books, and prisoners shall
be encouraged to make full use of it.
Article 77, Standard Minimum Rules for the Treatment of Prisoners
1. Provision shall be made for the further education of all prisoners capable of
profiting thereby, including religious instruction in the countries where this is possible.
The education of illiterates and young prisoners shall be compulsory and special
attention shall be paid to it by the administration.
2. So far as practicable, the education of prisoners shall be integrated with the
educational system of the country so that after their release they may continue their
education without difficulty.
Article 22, Convention relating to the Status of Refugees
1. The Contracting States shall accord to refugees the same treatment as is accorded to
nationals with respect to elementary education.
2. The Contracting States shall accord to refugees treatment as favourable as possible,
and, in any event, not less favourable than that accorded to aliens generally in the same
circumstances, with respect to education other than elementary education and, in
particular, as regards access to studies, the recognition of foreign school certificates,
diplomas and degrees, the remission of fees and charges and the award of scholarships.
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Article 38, Geneva Convention Relative to the Treatment of Prisoners of War
While respecting the individual preferences of every prisoner, the Detaining Power shall
encourage the practice of intellectual, educational, and recreational pursuits, sports and
games amongst prisoners, and shall take the measures necessary to ensure the exercise
thereof by providing them with adequate premises and necessary equipment.
Article 50, Geneva Convention relative to the Protection of Civilian Persons in
Time of War
The Occupying Power shall, with the cooperation of the national and local authorities,
facilitate the proper working of all institutions devoted to the care and education of
children.
Should the local institutions be inadequate for the purpose, the Occupying Power shall
make arrangements for the maintenance and education, if possible by persons of their
own nationality, language and religion, of children who are orphaned or separated from
their parents as a result of the war and who cannot be adequately cared for by a near
relative or friend.
Article 14, Declaration on the Rights of Indigenous Peoples
1. Indigenous peoples have the right to establish and control their educational systems
and institutions providing education in their own languages, in a manner appropriate to
their cultural methods of teaching and learning.
2. Indigenous individuals, particularly children, have the right to all levels and forms
of education of the State without discrimination.
3. States shall, in conjunction with indigenous peoples, take effective measures, in
order for indigenous individuals, particularly children, including those living outside
their communities, to have access, when possible, to an education in their own culture
and provided in their own language.
UNESCO Convention against Discrimination in Education
Declaration on the Rights of Indigenous Peoples
ILO Minimum Age Convention
ILO Worst Forms of Child Labour Convention
ILO Indigenous and Tribal Peoples Convention
UNESCO Recommendation against Discrimination in Education
UNESCO Convention on Technical and Vocational Education
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UNESCO Revised Recommendation concerning Technical and Vocational
Education
ILO/UNESCO Recommendation concerning the Status of Teachers
UNESCO Recommendation concerning the Status of Higher Education Teaching
Personnel
UNESCO Recommendation on Education for International Understanding and
Co-operation and Peace and Education relating to Human Rights and
Fundamental Freedoms
UNESCO Recommendation on the Development of Adult Education
Principles relating the Status and Functioning of National Institutions for
Protection and Promotion of Human Rights (The Paris Principles)
 
REGIONAL
Article 2, Protocol 1 to the European Convention on Human Rights
No person shall be denied the right to education. In the exercise of any functions which
it assumes in relation to education and to teaching, the State shall respect the right of
parents to ensure such education and teaching in conformity with their own religious
and philosophical convictions.
Article 7, (Revised) European Social Charter
With a view to ensuring the effective exercise of the right of children and young persons
to protection, the Contracting Parties undertake:
3. to provide that persons who are still subject to compulsory education shall not be
employed in such work as would deprive them of the full benefit of their education;
Article 17, (Revised) European Social Charter
With a view to ensuring the effective exercise of the right of children and young persons
to grow up in an environment which encourages the full development of their
personality and of their physical and mental capacities, the Parties undertake, either
directly or in co-operation with public and private organisations, to take all appropriate
and necessary measures designed
2. to provide to children and young persons a free primary and secondary education as
well as to encourage regular attendance at schools.
Article 13, Framework Convention for the Protection of National Minorities
1. Within the framework of their education systems, the Parties shall recognise that
persons belonging to a national minority have the right to set up and to manage their
own private educational and training establishments.
2. The exercise of this right shall not entail any financial obligation for the Parties.
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Article 14, Framework Convention for the Protection of National Minorities
1. The Parties undertake to recognise that every person belonging to a national
minority has the right to learn his or her minority language.
2. In areas inhabited by persons belonging to national minorities traditionally or in
substantial numbers, if there is sufficient demand, the Parties shall endeavour to ensure,
as far as possible and within the framework of their education systems, that persons
belonging to those minorities have adequate opportunities for being taught the minority
language or for receiving instruction in this language.
3. Paragraph 2 of this article shall be implemented without prejudice to the learning of
the official language or the teaching in this language.
Article 8, European Charter for Regional or Minority Languages
With regard to education, the Parties undertake, within the territory in which such
languages are used, according to the situation of each of these languages, and without
prejudice to the teaching of the official language(s) of the State:
a
i to make available pre-school education in the relevant regional or minority
languages; or
ii to make available a substantial part of pre-school education in the relevant
regional or minority languages; or
iii to apply one of the measures provided for under i and ii above at least to those
pupils whose families so request and whose number is considered sufficient; or
iv if the public authorities have no direct competence in the field of pre-school
education, to favour and/or encourage the application of the measures referred to under i
to iii above;
b
i to make available primary education in the relevant regional or minority
languages; or
ii to make available a substantial part of primary education in the relevant regional
or minority languages; or
iii to provide, within primary education, for the teaching of the relevant regional or
minority languages as an integral part of the curriculum; or
iv to apply one of the measures provided for under i to iii above at least to those
pupils whose families so request and whose number is considered sufficient;
c
i to make available secondary education in the relevant regional or minority
languages; or
40
ii to make available a substantial part of secondary education in the relevant regional
or minority languages; or
iii to provide, within secondary education, for the teaching of the relevant regional or
minority languages as an integral part of the curriculum; or
iv to apply one of the measures provided for under i to iii above at least to those
pupils who, or where appropriate whose families, so wish in a number considered
sufficient;
d
i to make available technical and vocational education in the relevant regional or
minority languages; or
ii to make available a substantial part of technical and vocational education in the
relevant regional or minority languages; or
iii to provide, within technical and vocational education, for the teaching of the
relevant regional or minority languages as an integral part of the curriculum; or
iv to apply one of the measures provided for under i to iii above at least to those
pupils who, or where appropriate whose families, so wish in a number considered
sufficient;
e
i to make available university and other higher education in regional or minority
languages; or
ii to provide facilities for the study of these languages as university and higher
education subjects; or
iii if, by reason of the role of the State in relation to higher education institutions,
sub-paragraphs i and ii cannot be applied, to encourage and/or allow the provision of
university or other forms of higher education in regional or minority languages or of
facilities for the study of these languages as university or higher education subjects;
f
i to arrange for the provision of adult and continuing education courses which are
taught mainly or wholly in the regional or minority languages; or
ii to offer such languages as subjects of adult and continuing education; or
iii if the public authorities have no direct competence in the field of adult education, to
favour and/or encourage the offering of such languages as subjects of adult and
continuing education;
g to make arrangements to ensure the teaching of the history and the culture which is
reflected by the regional or minority language;
41
h to provide the basic and further training of the teachers required to implement those of
paragraphs a to g accepted by the Party;
i to set up a supervisory body or bodies responsible for monitoring the measures taken
and progress achieved in establishing or developing the teaching of regional or minority
languages and for drawing up periodic reports of their findings, which will be made
public.
2 With regard to education and in respect of territories other than those in which the
regional or minority languages are traditionally used, the Parties undertake, if the number
of users of a regional or minority language justifies it, to allow, encourage or provide
teaching in or of the regional or minority language at all the appropriate stages of
education.
Article 14, European Convention on the Legal Status of Migrant Workers
1. Migrant workers and members of their families officially admitted to the
territory of a Contracting Party shall be entitled, on the same basis and under the same
conditions as national workers, to general education and vocation training and retraining
and shall be granted access to higher education according to the general regulations
governing admission to respective institutions in the receiving State.
2. To promote access to general and vocational schools and to vocational training
centres, the receiving State shall facilitate the teaching of its language or, if there are
several, one of its languages to migrant workers and members of their families.
3. For the purpose of the application of paragraphs 1 and 2 above, the granting of
scholarships shall be left to the discretion of each Contracting Party which shall make
efforts to grant the children of migrant workers living with their families in the
receiving State – in accordance with the provisions of Article 12 of this Convention –
the same facilities in this respect as the receiving State's nationals.
4. The workers' previous attainments, as well as diplomas and vocational
qualifications acquired in the State of origin, shall be recognised by each Contracting
Party in accordance with arrangements laid down in bilateral and multilateral
agreements.
5. The Contracting Parties concerned, acting in close co-operation shall endeavour
to ensure that the vocational training and retraining schemes, within the meaning of this
Article, cater as far as possible for the needs of migrant workers with a view to their
return to their State of origin.
Article 14, EU Charter of Fundamental Rights
1. Everyone has the right to education and to have access to vocational and continuing
training.
2. This right includes the possibility to receive free compulsory education.
42
3. The freedom to found educational establishments with due respect for democratic
principles and the right of parents to ensure the education and teaching of their children
in conformity with their religious, philosophical and pedagogical convictions shall be
respected, in accordance with the national laws governing the exercise of such freedom
and right.
OSCE Helsinki Final Act
Article 49, Charter of the Organization of American States
The Member States will exert the greatest efforts, in accordance with their constitutional
processes, to ensure the effective exercise of the right to education, on the following
bases:
a) Elementary education, compulsory for children of school age, shall also be offered
to all others who can benefit from it. When provided by the State it shall be without
charge;
b) Middle-level education shall be extended progressively to as much of the
population as possible, with a view to social improvement. It shall be diversified in such
a way that it meets the development needs of each country without prejudice to
providing a general education; and
c) Higher education shall be available to all, provided that, in order to maintain its
high level, the corresponding regulatory or academic standards are met.
Article 50, Charter of the Organization of American States
The Member States will give special attention to the eradication of illiteracy, will
strengthen adult and vocational education systems, and will ensure that the benefits of
culture will be available to the entire population. They will promote the use of all
information media to fulfill these aims.
Article 26, American Convention on Human Rights (Pact of San José)
The States Parties undertake to adopt measures, both internally and through
international cooperation, especially those of an economic and technical nature, with a
view to achieving progressively, by legislation or other appropriate means, the full
realization of the rights implicit in the economic, social, educational, scientific, and
cultural standards set forth in the Charter of the Organization of American States as
amended by the Protocol of Buenos Aires.
Article XII, American Declaration of the Rights and Duties of Man
Every person has the right to an education, which should be based on the principles of
liberty, morality and human solidarity. Likewise every person has the right to an
education that will prepare him to attain a decent life, to raise his standard of living, and
to be a useful member of society. The right to an education includes the right to equality
of opportunity in every case, in accordance with natural talents, merit and the desire to
utilize the resources that the state or the community is in a position to provide. Every
person has the right to receive, free, at least a primary education.
43
Article 7, Additional Protocol to the American Convention on Human Rights in the
Area of Economic, Social and Cultural Rights (Protocol of San Salvador)
f. The prohibition of night work or unhealthy or dangerous working conditions and, in
general, of all work which jeopardizes health, safety, or morals, for persons under 18
years of age. As regards minors under the age of 16, the work day shall be subordinated
to the provisions regarding compulsory education and in no case shall work constitute
an impediment to school attendance or a limitation on benefiting from education
received;
Article 13, Additional Protocol to the American Convention on Human Rights in
the Area of Economic, Social and Cultural Rights (Protocol of San Salvador)
1. Everyone has the right to education.
2. The States Parties to this Protocol agree that education should be directed towards the
full development of the human personality and human dignity and should strengthen
respect for human rights, ideological pluralism, fundamental freedoms, justice and
peace. They further agree that education ought to enable everyone to participate
effectively in a democratic and pluralistic society and achieve a decent existence and
should foster understanding, tolerance and friendship among all nations and all racial,
ethnic or religious groups and promote activities for the maintenance of peace.
3. The States Parties to this Protocol recognize that in order to achieve the full exercise
of the right to education:
a. Primary education should be compulsory and accessible to all without cost;
b. Secondary education in its different forms, including technical and vocational
secondary education, should 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 should be made equally accessible to all, on the basis of individual
capacity, by every appropriate means, and in particular, by the progressive introduction
of free education;
d. Basic education should be encouraged or intensified as far as possible for those
persons who have not received or completed the whole cycle of primary instruction;
e. Programs of special education should be established for the handicapped, so as to
provide special instruction and training to persons with physical disabilities or mental
deficiencies.
4. In conformity with the domestic legislation of the States Parties, parents should have
the right to select the type of education to be given to their children, provided that it
conforms to the principles set forth above.
5. Nothing in this Protocol shall be interpreted as a restriction of the freedom of
individuals and entities to establish and direct educational institutions in accordance
with the domestic legislation of the States Parties.
44
Article 17, African Charter on Human and Peoples’ Rights
1. Every individual shall have the right to education.
Article 12, Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa
1. States Parties shall take all appropriate measures to:
a) eliminate all forms of discrimination against women and guarantee equal opportunity
and access in the sphere of education and training;
b) eliminate all stereotypes in textbooks, syllabuses and the media, that perpetuate such
discrimination;
c) protect women, especially the girl-child from all forms of abuse, including sexual
harassment in schools and other educational institutions and provide for sanctions
against the perpetrators of such practices;
d) provide access to counselling and rehabilitation services to women who suffer abuses
and sexual harassment;
e) integrate gender sensitisation and human rights education at all levels of education
curricula including teacher training.
2. States Parties shall take specific positive action to:
a) promote literacy among women;
b) promote education and training for women at all levels and in all disciplines
particularly in the fields of science and technology;
c) promote the enrolment and retention of girls in schools and other training institutions
and the organisation of programmes for women who leave school prematurely.
Article 11, African Charter on the Rights and Welfare of the Child
1. Every child shall have the right to an education.
2. The education of the child shall be directed to:
(a) the promotion and development of the child's personality, talents and mental and
physical abilities to their fullest potential;
(b) fostering respect for human rights and fundamental freedoms with particular
reference to those set out in the provisions of various African instruments on human and
peoples' rights and international human rights declarations and conventions;
(c) the preservation and strengthening of positive African morals, traditional values and
cultures;
45
(d) the preparation of the child for responsible life in a free society, in the spirit of
understanding tolerance, dialogue, mutual respect and friendship among all peoples
ethnic, tribal and religious groups;
(e) the preservation of national independence and territorial integrity;
(f) the promotion and achievements of African Unity and Solidarity;
(g) the development of respect for the environment and natural resources;
(h) the promotion of the child's understanding of primary health care.
3. States Parties to the present Charter shall take all appropriate measures with a view to
achieving the full realization of this right and shall in particular:
(a) provide free and compulsory basic education;
(b) encourage the development of secondary education in its different forms and to
progressively make it free and accessible to all;
(c) make the higher education accessible to all on the basis of capacity and ability by
every appropriate means;
(d) take measures to encourage regular attendance at schools and the reduction of dropout
rates;
(e) take special measures in respect of female, gifted and disadvantaged children, to
ensure equal access to education for all sections of the community.
4. States Parties to the present Charter shall respect the rights and duties of parents, and
where applicable, of legal guardians to choose for their children's schools, other than
those established by public authorities, which conform to such minimum standards may
be approved by the State, to ensure the religious and moral education of the child in a
manner with the evolving capacities of the child.
5. States Parties to the present Charter shall take all appropriate measures to ensure that
a child who is subjected to schools or parental discipline shall be treated with humanity
and with respect for the inherent dignity of the child and in conformity with the present
Charter.
6. States Parties to the present Charter shall have all appropriate measures to ensure that
children who become pregnant before completing their education shall have an
opportunity to continue with their education on the basis of their individual ability.
7. No part of this Article shall be construed as to interfere with the liberty of individuals
and bodies to establish and direct educational institutions subject to the observance of
the principles set out in paragraph I of this Article and the requirement teal the
education given in such institutions shall conform to such minimum standards as may
be laid down by the States.