E/C.12/1999/4
page 2
3.
In line with its clear and unequivocal obligation under article 14,
every State party is under a duty to present to the Committee a plan of action
drawn up along the lines specified in paragraph 8 below. This obligation
needs to be scrupulously observed in view of the fact that in developing
countries, 130 million children of school age are currently estimated to be
without access to primary education, of whom about two thirds are girls. 1
The Committee is fully aware that many diverse factors have made it difficult
for States parties to fulfil their obligation to provide a plan of action.
For example, the structural adjustment programmes that began in the 1970s, the
debt crises that followed in the 1980s and the financial crises of the late
1990s, as well as other factors, have greatly exacerbated the extent to which
the right to primary education is being denied. These difficulties, however,
cannot relieve States parties of their obligation to adopt and submit a plan
of action to the Committee, as provided for in article 14 of the Covenant.
4.
Plans of action prepared by States parties to the Covenant in accordance
with article 14 are especially important as the work of the Committee has
shown that the lack of educational opportunities for children often reinforces
their subjection to various other human rights violations. For instance these
children, who may live in abject poverty and not lead healthy lives, are
particularly vulnerable to forced labour and other forms of exploitation.
Moreover, there is a direct correlation between, for example, primary school
enrolment levels for girls and major reductions in child marriages.
5.
Article 14 contains a number of elements which warrant some elaboration
in the light of the Committee's extensive experience in examining State party
reports.
6.
Compulsory. The element of compulsion serves to highlight the fact that
neither parents, nor guardians, nor the State are entitled to treat as
optional the decision as to whether the child should have access to primary
education. Similarly, the prohibition of gender discrimination in access to
education, required also by articles 2 and 3 of the Covenant, is further
underlined by this requirement. It should be emphasized, however, that the
education offered must be adequate in quality, relevant to the child and must
promote the realization of the child's other rights.
7.
Free of charge. The nature of this requirement is unequivocal. The
right is expressly formulated so as to ensure the availability of primary
education without charge to the child, parents or guardians. Fees imposed by
the Government, the local authorities or the school, and other direct costs,
constitute disincentives to the enjoyment of the right and may jeopardize its
realization. They are also often highly regressive in effect. Their
elimination is a matter which must be addressed by the required plan of
action. Indirect costs, such as compulsory levies on parents (sometimes
portrayed as being voluntary, when in fact they are not), or the obligation to
wear a relatively expensive school uniform, can also fall into the same
category. Other indirect costs may be permissible, subject to the Committee's
examination on a case-by-case basis. This provision of compulsory primary
education in no way conflicts with the right recognized in article 13.3 of the
Covenant for parents and guardians “to choose for their children schools other
than those established by the public authorities”.
1
See generally UNICEF, The State of the World's Children 1999.