CEDAW/C/GC/36
3.
The need to ensure inclusive and quality education for all and promote lifelong
learning is a priority of Sustainable Development Goal 4, as contained in General
Assembly resolution 70/1, adopted with a view to transforming the world b y 2030.
Two critical education targets to be met are ensuring that all girls and boys complete
free, equitable and quality primary and secondary education leading to relevant and
effective learning outcomes; and eliminating gender disparities in education and
ensuring equal access to all levels of education and vocational training for the
vulnerable, including persons with disabilities, indigenous peoples and children in
vulnerable situations. In the Education 2030 Framework for Action, adopted on
4 November 2015 by the General Conference of UNESCO, and considered by the
global education community as complementary to the Sustainable Development
Goals, it is acknowledged that gender equality is inextricably linked to the right to
education for all and that its achievement requires taking a rights-based approach, in
order to ensure that all learners not only gain access to and complete education cycles,
but are empowered equally in and through education.
4.
However, certain factors disproportionately prevent g irls and women from
claiming and enjoying their basic human right to education. Such factors include
barriers to access for girls and women from disadvantaged and marginalized groups,
exacerbated by poverty and economic crises, gender stereotyping in curri cula,
textbooks and teaching processes, violence against girls and women in and out of
school and structural and ideological restrictions to their engagement in male dominated academic and vocational fields.
5.
The gap between the legal recognition of the right of girls and women to
education remains critical, and the effective implementation of that right calls for
further guidance and action on article 10 of the Convention, as set out below. The
recommendations herein are grounded in existing jurisprudenc e under the
Convention, including the Committee’s concluding observations and existing general
recommendations, and information obtained from submissions received and oral
presentations made by States parties and a wide range of stakeholders, including
non-governmental and civil society organizations and academics, at a preliminary
half-day consultation hosted by the Committee in July 2014. 4
II. Justiciability of the right to education
6.
Since the adoption of the Universal Declaration of Human Rights by the General
Assembly in December 1948, education has been acknowledged as a basic human
right. Subsequently, several international, regional and national instruments and court
decisions 5 have established that the right is justiciable and consequently e nforceable
in law. Those instruments therefore provide that protection from discrimination in the
field of education is an underlying and basic principle of human rights law.
7.
Therefore, in line with the Committee’s general recommendation No. 33 (2015)
on women’s access to justice, all States parties have an obligation to protect girls and
women from any form of discrimination that denies them access to all levels of
education and to ensure that, where that occurs, they have recourse to avenues of
justice.
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4
5
2/23
See www.ohchr.org/EN/HRBodies/CEDAW/Pages/Womensrighttoeducation.aspx.
See SERAP v. Nigeria, judgment, Court of Justice of the Economic Community of West African
States (suit No. ECW/CCJ/APP/12/07; judgment No. ECW/CCJ/JUD/07/10 (30 November
2010)).
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