Right to education – Wikipedia, the encyclopedia

He education rights It is a recognized human right and is based on the right that every person has to receive a basic education such as primary education, subsequently goes to secondary education where several more complex knowledge can be covered in different subjects and areas being this being this Also free. Education is mandatory for every citizen regardless of their gender, age, physical condition, among others, it is also should be accessible to every person having equitable access to higher education which can be technical or professional, and a responsibility to provide education Basic to individuals who have not completed primary education. To ensure that this education is provided effectively and correctly being indicated by each Ministry of Education, a homogeneous quality with standards must be given according to each institution. ^{[ first ]} In addition to these forecasts on access to education, it also covers the obligation to eliminate discrimination at all levels of the education system, in order to help each person so that they can enjoy and take their education better without any emotional affectation, receiving a Inclusive, respectful and empathic education. In addition, institutions must set short standards so that their educational quality can be greatly improved. ^{[ 2 ]} ​

Authors such as Sir John Daniel even consider access to higher education ^{[ 3 ]} As a necessary element to expand economic prosperity and improve the quality of life, so it is vital to meet the growing world demand. To this, the rhythm of transformations of society is added, which requires learning new knowledge and skills almost continuously.

International deals [ To edit ]

International Pact of Rights, Economic, Social and Cultural [ To edit ]

This right is contained in numerous international human rights treaties but its most extensive formulation is in the United Nations International Economic, Social and Cultural Rights Covenant, ratified by almost all countries in the world. The pact in its article 13 recognizes the right of every person to education.

Content of article 13 of the Pact :

Romania seal with article 32 of the Constitution of Romania that details the right to education.

• States agree that education must be oriented towards the full development of human personality and the sense of their work towards dignity, and must strengthen respect for human rights and fundamental freedoms.
• They also agree that education must train all people to effectively participate in a free society, favor understanding, tolerance and friendship between all nations and among all racial, ethnic or religious groups, and promote the activities of the activities of the United Nations for Peace Maintenance.
• The “Primary education must be mandatory and accessible to all for free” ;
• The “Secondary education, in its different forms, even technical and professional secondary education, must be widespread and become accessible to all, by how many means are appropriate, and in particular by the progressive implementation of free teaching” ;
• the “Higher teaching must also be made accessible to all, based on each other’s ability, by how many means are appropriate, and in particular for the progressive implementation of free teaching” ;
• Has to “Foster or intensify, as far as possible, the fundamental education for those who have not received or finished the complete primary instruction cycle” ;
• “The development of the school system must actively continue in all teaching cycles, implement an adequate scholarship system, and continuously improve the material conditions of the body ^{[ 4 ]} ​

World Education Declaration for All [ To edit ]

In the year of 1990 in Jomtien, Thailand met more than 1500 delegates from 155 countries to be able new millenium. To guarantee the right of education, new proposals are articulated with the objective of guaranteeing the right to education in all citizens of the world.

The result of the conference arises the education project for all which reformulates the idea of ​​the right to education to: “use by all people to take advantage of their educational opportunities offered to meet their learning needs.” ^{[ 5 ]} ​

The need to provide equitable education to guarantee the right to education is also recognized. Among the main categories of this section, access to education for children and women is recognized as a priority together with the elimination of gender stereotypes that prevent the active participation of these agents.

Stages of expansion and recognition of law [ To edit ]

The right to education is a human right that aims to establish a primary education for all children, develop a secondary education progressively accessible to all children and access to higher education depending on merits. This right imposes on the State the obligation to give a basic education to people who have not received primary education. In addition to access, the right to education implies the obligation to eliminate discrimination at all levels of the education system to establish minimum standards and improve quality.

Katarina Tomasevski explained that the concretization of the right to education is a continuous process that ordinarily passes through four phases:

1. Recognition of education as a right,
2. Segregation of certain categories: women, indigenous, and so on.
3. Step of segregation to assimilation by way of integration,
4. Adaptation to diversity. ^{[ 6 ]} ​

Essential characteristics of the right to education [ To edit ]

The first special rapporteur of the United Nations Organization on the right to education, speaks of four dimensions of this right. The 4-A scheme ( Available, Accesible, Acceptable, Adaptable ) provides a conceptual framework to set the obligations of governments on the right to education: generate available, accessible, acceptable, and adaptable education is equally in the general observation number 3 of the United Nations Committee on Economic, Social and Cultural Rights. ^{[ 7 ]} ​

The conceptual framework provides not only a set of key indicators for education management, but also a monitoring scheme within the framework of the United Nations Human Rights Council.

• Availability: There must be educational schools or institutions that cover the entire population. States must guarantee the provision of sufficient educational infrastructure (institutions and programs) for all people. These must be equipped with all the materials and facilities necessary to function properly in the specific context, such as buildings, didactic and material equipment, trained and properly paid personnel, protection against natural elements, sanitary facilities for both sexes and drinking water. ^{[ 8 ]} ​

• Acceptability: Study programs have to be culturally and good quality adequate, acceptable by law holders: students and parents.
• Adaptability: This means that programs must adapt to changes in society.
• Accessibility: Access to education cannot be prohibited either by skin color, religion or cultural reasons

Education is not only one more human right, indispensable for the development of people and societies, but is a tool of social change. However, in the contexts of poverty and exclusion in which education is present in action is a right that is not fulfilled. Poor coverage, especially in rural areas and urban-marginal neighborhoods where schools are missing, qualified and well paid teachers and Basic equipment. The costs that make families face that their sons and daughters go to school. The low quality of education, child labor, gender discrimination that hinders the education of girls and adolescents, discrimination due to disability or disease or the poor or no attention to the learning needs of adults. With our work we pursue the right to education for all; A basic and free basic education, which provides people with the basic contents and skills necessary to develop a dignified life, continue learning and be able to exercise as free citizens critically. ^{[ 9 ]} ​

Implementation [ To edit ]

Learning geography at a Montessori school.

International laws are not manifested regarding pre-prime education, and usually legal documents omit this item. ^{[ ten ]} ​
Although children are considered the main beneficiaries of the right to education, the Universal Declaration of Human Rights declares that all They have the right to receive education. ^{[ 11 ]} ​

The right to education is divided into three areas:

• Primary education: It must be mandatory and free for any child regardless of their nationality, gender, place of birth, religion, skin color or any other type of discrimination.
• Secondary Education: It must be available and accessible.
• Higher education: (Tertiary, university level). It must be provided according to the capacities, that is, anyone who reaches the necessary academic levels should be able to access a higher education.

Both secondary and superior education must be accessible “by all possible means, particularly through the progressive inclusion of free education.” ^{[ twelfth ]} ​

State role [ To edit ]

The public function of education is considered a topic of the highest relevance. Since 1966 from the International Pact of Economic, Social and Cultural Rights, the State is considered responsible for providing the structure and budgetary and regulatory resources to guarantee education.

Secondary education:

• Article 31: The child’s education must be aimed at: Develop personality, skills and the mental and physical capacity of the child to the maximum of its possibilities; Inculcate the child respect for human rights and fundamental freedoms and the principles enshrined in the United Nations Charter; Inculcate the child respect for their parents, their own cultural identity, their language and their values, of the national values ​​of the country in which it lives, of the country that is originally and from the civilizations other than their own; Prepare the child to assume a responsible life in a free society, with a spirit of understanding, peace, tolerance, equality of the sexes and friendship between all peoples, ethnic, national and religious groups and people of indigenous origin; Inculcate the child respect for the natural environment.

Finally, it is affirmed that none of the provisions of these articles will be interpreted as a restriction of the freedom of individuals and entities to establish and direct teaching institutions, on condition that the principles set forth above and that education are respected and that education given in such institutions, it fits the minimum norms prescribed by the State.

The right to education includes two dimensions: one of benefit and one of freedom. This second dimension is known as freedom of teaching.

The Universal Human Rights Declaration proclaims, in its article 26: “3. Parents will have the preferential right to choose the type of education to be given to their children.”
The International Pact of Economic, Social and Cultural Rights reaffirms the same elements: “3. The States Parties in this Covenant are committed to respecting the freedom of the parents (…) to choose for their children (…) Schools other than those created by public authorities, provided that they satisfy the minimum norms that the State prescribes or approves in education, and making their children (…) receive religious or moral education that agrees with their own convictions.
4. None of the provisions of this article shall be interpreted as a restriction of the freedom of individuals and entities to establish and direct teaching institutions, provided that the principles set forth in paragraph 1 are respected and that the education given in These institutions adjust to the minimum norms prescribed by the State “(art. 13). ^{[ 13 ]} ​

The International Pact of Civil and Political Rights also refers to the freedom of parents in the context of the right to freedom of thought, of conscience and religion: “1. Everyone has the right to freedom of thought, of conscience and of religion; this right includes (…) the freedom to express their religion or their beliefs, individually or collectively, both in public and private, through cult, the celebration of rites, practices and teaching. (… ) 4. The States parties in this Covenant are committed to respecting the freedom of parents (…) to ensure that children receive religious and moral education that agrees with their own convictions “(art. 18) .

Protocol No. 1 to the European Convention on Human Rights says: “The State, in the exercise of the functions that it assumes in the field of education and teaching, will respect the right of parents to ensure this education and this teaching in accordance with to his religious and philosophical convictions “(art. 2).

Finally, a text that does not have the same legal value, the resolution on the freedom of education in the European Community (1984), incorporates the essential texts of the UN, pointing out that the freedom of choice of parents should not be limited by financial reasons; Public authorities must subsidize non -state schools: “The right to freedom of education implies the obligation of member states to also make possible on the financial level the practical exercise of that right and grant schools the necessary public subsidies to exercise their mission and fulfill their obligations in equal conditions to those enjoyed by the corresponding public establishments. “(Para. 9).

The jurisprudence of the European Court of Human Rights

The court conceives freedom of education in a specific context: that of a pluralistic democratic society. Most cannot impose an educational model or a model of society: “Democracy is not reduced to constant supremacy of the opinion of the majority, orders a balance that guarantees fair treatment for minorities and prevents the abuse of a dominant position “(Valsamis sentence, para. 27).

The European Court of Human Rights stressed in another case that the two phrases of article 2 (access to education and freedom of education) must be read together, in other words, we cannot speak of access to independent education of the freedom of the freedom of teaching or differentiating between public and private education. Freedom of teaching is understood as a means to guarantee essential pluralism for a democratic society: “b) is on the fundamental right to instruction that grafted the right of parents to respect their religious and philosophical beliefs and the first Phrase does not distinguish more than the second between public education and private education. The second sentence of article 2 of the first protocol aims to safeguard the possibility of pluralism in education, essential for the preservation of “democratic society” as conceives the convention. ^{[ 14 ]} ​

To ensure that the State not only has legal obligations towards the schools it directs, the court also indicated that governments must guarantee the access and equality of the educational centers, regardless of whether the center is public or not: “d) The article 2 of the protocol No. 1 forms a whole that is dominated by its first sentence. Refraining of “denying the right to education”, the States parties will guarantee all persons within their jurisdiction the right of access to the existing educational institutions in a given time and the opportunity to obtain a benefit of education received by the official recognition of studies.

Right to Education in Latin America [ To edit ]

In Latin America, several countries following the recommendations of international organizations such as the World Bank, UNESCO or IMF. From these international treaties there has been a search for the increase in the enrollment of education at the basic level that has reached in most countries a coverage of more than 90% in basic education.

Argentina [ To edit ]

Argentina recognizes education as a universal right, and therefore every refugee or foreign person will have this right in a mandatory way. Education when recognized as a right must be guaranteed free of charge, secular and equitable. ^{[ 15 ]} In Argentina, per year the levels of effective promotion (percentage of students who manage to finish the school year) reached 90% effectiveness in 2009. ^{[ 16 ]} ​

Brazil [ To edit ]

Brazil since 2018 has guaranteed the right to education for its citizens within its Constitution and, like most Latin American countries, have been part of international agreements and treaties on the right to education as the Education Treaty for all. Elementary education as it is called in Brazil currently has a 98.9% coverage in children from 6 to 11 years.

Chile [ To edit ]

Chile considers basic and upper medium level as a right for all people, and therefore the State must guarantee the right to free and equitable education for Chilean citizenship. ^{[ 17 ]} The coverage of basic education in Chile currently reaches 99.7% of children between 7 and 14 years. ^{[ 18 ]} ​

Ecuador [ To edit ]

As expressed in the Constitution of the Republic of Ecuador, education is a right of all Ecuadorians and this will be “a priority area of ​​public policy and state investment” ^{[ 19 ]} . By 2021 4,309,139 students registered in the National Educational System are registered ^{[ 20 ]} ​

Chilean child using computer inside their classroom.

Mexico [ To edit ]

In Mexico, basic quality education is guaranteed by the State in the third article of the Constitution. Currently, schooling of the basic level reaches 97.4% according to the 2020 population census figures of the National Institute of Statistics and Geography. ^{[ 21 ]} ​

See also [ To edit ]

References [ To edit ]