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Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 38
- Paragraph text
- States parties should ensure that strategies, policies, and plans of action are in place and implemented in order to address both formal and substantive discrimination by public and private actors in the area of Covenant rights. Such policies, plans and strategies should address all groups distinguished by the prohibited grounds and States parties are encouraged, among other possible steps, to adopt temporary special measures in order to accelerate the achievement of equality. Economic policies, such as budgetary allocations and measures to stimulate economic growth, should pay attention to the need to guarantee the effective enjoyment of the Covenant rights without discrimination. Public and private institutions should be required to develop plans of action to address non-discrimination and the State should conduct human rights education and training programmes for public officials and make such training available to judges and candidates for judicial appointments. Teaching on the principles of equality and non discrimination should be integrated in formal and non-formal inclusive and multicultural education, with a view to dismantling notions of superiority or inferiority based on prohibited grounds and to promote dialogue and tolerance between different groups in society. States parties should also adopt appropriate preventive measures to avoid the emergence of new marginalized groups.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
Plans of action for primary education (Art. 14) 1999, para. 1
- Paragraph text
- Article 14 of the International Covenant on Economic, Social and Cultural Rights requires each State party which has not been able to secure compulsory primary education, free of charge, to undertake, 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 primary education free of charge for all. In spite of the obligations undertaken in accordance with article 14, a number of States parties have neither drafted nor implemented a plan of action for free and compulsory primary education.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 1999
Paragraph
Plans of action for primary education (Art. 14) 1999, para. 5
- Paragraph text
- 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.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
Plans of action for primary education (Art. 14) 1999, para. 9
- Paragraph text
- Obligations. A State party cannot escape the unequivocal obligation to adopt a plan of action on the grounds that the necessary resources are not available. If the obligation could be avoided in this way, there would be no justification for the unique requirement contained in article 14 which applies, almost by definition, to situations characterized by inadequate financial resources. By the same token, and for the same reason, the reference to "international assistance and cooperation" in article 2.1 and to "international action" in article 23 of the Covenant are of particular relevance in this situation. Where a State party is clearly lacking in the financial resources and/or expertise required to "work out and adopt" a detailed plan, the international community has a clear obligation to assist.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
Plans of action for primary education (Art. 14) 1999, para. 10
- Paragraph text
- Progressive implementation. The plan of action must be aimed at securing the progressive implementation of the right to compulsory primary education, free of charge, under article 14. Unlike the provision in article 2.1, however, article 14 specifies that the target date must be "within a reasonable number of years" and moreover, that the timeframe must "be fixed in the plan". In other words, the plan must specifically set out a series of targeted implementation dates for each stage of the progressive implementation of the plan. This underscores both the importance and the relative inflexibility of the obligation in question. Moreover, it needs to be stressed in this regard that the State party's other obligations, such as non-discrimination, are required to be implemented fully and immediately.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
Plans of action for primary education (Art. 14) 1999, para. 11
- Paragraph text
- The Committee calls upon every State party to which article 14 is relevant to ensure that its terms are fully complied with and that the resulting plan of action is submitted to the Committee as an integral part of the reports required under the Covenant. Further, in appropriate cases, the Committee encourages States parties to seek the assistance of relevant international agencies, including the International Labour Organization (ILO), the United Nations Development Programme (UNDP), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Children's Fund (UNICEF), the International Monetary Fund (IMF) and the World Bank, in relation both to the preparation of plans of action under article 14 and their subsequent implementation. The Committee also calls upon the relevant international agencies to assist States parties to the greatest extent possible to meet their obligations on an urgent basis.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
Reporting by States Parties 1989, para. 4
- Paragraph text
- While monitoring is designed to give a detailed overview of the existing situation, the principal value of such an overview is to provide the basis for the elaboration of clearly stated and carefully targeted policies, including the establishment of priorities which reflect the provisions of the Covenant. Therefore, a third objective of the reporting process is to enable the Government to demonstrate that such principled policy making has in fact been undertaken. While the Covenant makes this obligation explicit only in article 14 in cases where "compulsory primary education, free of charge" has not yet been secured for all, a comparable obligation "to work out and adopt a detailed plan of action for the progressive implementation" of each of the rights contained in the Covenant is clearly implied by the obligation in article 2, paragraph 1 "to take steps ... by all appropriate means ...".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1989
Paragraph
The nature of States parties’ obligations 1990, para. 7
- Paragraph text
- Other measures which may also be considered "appropriate" for the purposes of article 2 (1) include, but are not limited to, administrative, financial, educational and social measures.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1990
Paragraph
The right to education (Art. 13) 1999, para. 2
- Paragraph text
- The International Covenant on Economic, Social and Cultural Rights (ICESCR) devotes two articles to the right to education, articles 13 and 14. Article 13, the longest provision in the Covenant, is the most wide ranging and comprehensive article on the right to education in international human rights law. The Committee has already adopted General Comment 11 on article 14 (plans of action for primary education); General Comment 11 and the present general comment are complementary and should be considered together. The Committee is aware that for millions of people throughout the world, the enjoyment of the right to education remains a distant goal. Moreover, in many cases, this goal is becoming increasingly remote. The Committee is also conscious of the formidable structural and other obstacles impeding the full implementation of article 13 in many States parties.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 3
- Paragraph text
- With a view to assisting States parties' implementation of the Covenant and the fulfilment of their reporting obligations, this general comment focuses on the normative content of article 13 (Part I, paras. 4 42), some of the obligations arising from it (Part II, paras. 43 57), and some illustrative violations (Part II, paras. 58 59). Part III briefly remarks upon the obligations of actors other than States parties. The general comment is based upon the Committee's experience in examining States parties, reports over many years.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 5
- Paragraph text
- The Committee notes that since the General Assembly adopted the Covenant in 1966, other international instruments have further elaborated the objectives to which education should be directed. Accordingly, the Committee takes the view that States parties are required to ensure that education conforms to the aims and objectives identified in article 13 (1), as interpreted in the light of the World Declaration on Education for All (Jomtien, Thailand, 1990) (art. 1), the Convention on the Rights of the Child (art. 29 (1)), the Vienna Declaration and Programme of Action (Part I, para. 33 and Part II, para. 80), and the Plan of Action for the United Nations Decade for Human Rights Education (para. 2). While all these texts closely correspond to article 13 (1) of the Covenant, they also include elements which are not expressly provided for in article 13 (1), such as specific references to gender equality and respect for the environment. These new elements are implicit in, and reflect a contemporary interpretation of article 13 (1). The Committee obtains support for this point of view from the widespread endorsement that the previously mentioned texts have received from all regions of the world.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Environment
- Gender
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 6b (i)
- Paragraph text
- [The right to receive an education] [While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:] Accessibility - educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions: [The right to receive an education] Non-discrimination - education must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination on any of the prohibited grounds (see paras. 31-37 on non-discrimination);
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 6b (ii)
- Paragraph text
- [The right to receive an education] [While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:] Accessibility - educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions: [The right to receive an education] Physical accessibility education has to be within safe physical reach, either by attendance at some reasonably convenient geographic location (e.g. a neighbourhood school) or via modern technology (e.g. access to a "distance learning" programme);
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 6b (iii)
- Paragraph text
- [The right to receive an education] [While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:] Accessibility - educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions: [The right to receive an education] Economic accessibility - education has to be affordable to all. This dimension of accessibility is subject to the differential wording of article 13 (2) in relation to primary, secondary and higher education: whereas primary education shall be available "free to all", States parties are required to progressively introduce free secondary and higher education;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 6d
- Paragraph text
- [The right to receive an education] [While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:] Adaptability - education has to be flexible so it can adapt to the needs of changing societies and communities and respond to the needs of students within their diverse social and cultural settings.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 7
- Paragraph text
- [The right to receive an education] When considering the appropriate application of these "interrelated and essential features" the best interests of the student shall be a primary consideration.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 10
- Paragraph text
- [The right to primary education] As formulated in article 13 (2) (a), primary education has two distinctive features: it is "compulsory" and "available free to all". For the Committee's observations on both terms, see paragraphs 6 and 7 of General Comment 11 on article 14 of the Covenant.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 13
- Paragraph text
- [The right to secondary education] According to article 13 (2) (b), 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". The phrase "generally available" signifies, firstly, that secondary education is not dependent on a student's apparent capacity or ability and, secondly, that secondary education will be distributed throughout the State in such a way that it is available on the same basis to all. For the Committee's interpretation of "accessible", see paragraph 6 above. The phrase "every appropriate means" reinforces the point that States parties should adopt varied and innovative approaches to the delivery of secondary education in different social and cultural contexts
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 14
- Paragraph text
- [The right to secondary education] [P]rogressive introduction of free education means that while States must prioritize the provision of free primary education, they also have an obligation to take concrete steps towards achieving free secondary and higher education. For the Committee's general observations on the meaning of the word "free", see paragraph 7 of General Comment 11 on article 14.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 15
- Paragraph text
- Technical and vocational education (TVE) forms part of both the right to education and the right to work (art. 6 (2)). Article 13 (2) (b) presents TVE as part of secondary education, reflecting the particular importance of TVE at this level of education. Article 6 (2), however, does not refer to TVE in relation to a specific level of education; it comprehends that TVE has a wider role, helping "to achieve steady economic, social and cultural development and full and productive employment". Also, the Universal Declaration of Human Rights states that [t]echnical and professional education shall be made generally available (art. 26 (1)). Accordingly, the Committee takes the view that TVE forms an integral element of all levels of education.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 16b
- Paragraph text
- [An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of "all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life" (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:] It takes account of the educational, cultural and social background of the population concerned; the skills, knowledge and levels of qualification needed in the various sectors of the economy; and occupational health, safety and welfare;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 16c
- Paragraph text
- [An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of "all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life" (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:] Provides retraining for adults whose current knowledge and skills have become obsolete owing to technological, economic, employment, social or other changes;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Education
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 16d
- Paragraph text
- [An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of "all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life" (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:] It consists of programmes which give students, especially those from developing countries, the opportunity to receive TVE in other States, with a view to the appropriate transfer and adaptation of technology;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 18
- Paragraph text
- [The right to higher education] While article 13 (2) (c) is formulated on the same lines as article 13 (2) (b), there are three differences between the two provisions. Article 13 (2) (c) does not include a reference to either education "in its different forms" or specifically to TVE. In the Committee's opinion, these two omissions reflect only a difference of emphasis between article 13 (2) (b) and (c). If higher education is to respond to the needs of students in different social and cultural settings, it must have flexible curricula and varied delivery systems, such as distance learning; in practice, therefore, both secondary and higher education have to be available "in different forms". As for the lack of reference in article 13 (2) (c) to technical and vocational education, given article 6 (2) of the Covenant and article 26 (1) of the Universal Declaration, TVE forms an integral component of all levels of education, including higher education.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 19
- Paragraph text
- [The right to higher education] The third and most significant difference between article 13 (2) (b) and (c) is that while secondary education "shall be made generally available and accessible to all", higher education "shall be made equally accessible to all, on the basis of capacity". According to article 13 (2) (c), higher education is not to be "generally available", but only available "on the basis of capacity". The "capacity" of individuals should be assessed by reference to all their relevant expertise and experience.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 20
- Paragraph text
- [The right to higher education] So far as the wording of article 13 (2) (b) and (c) is the same (e.g. "the progressive introduction of free education"), see the previous comments on article 13 (2) (b).
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 21
- Paragraph text
- [The right to fundamental education] Fundamental education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 25
- Paragraph text
- The requirement that the "development of a system of schools at all levels shall be actively pursued" means that a State party is obliged to have an overall developmental strategy for its school system. The strategy must encompass schooling at all levels, but the Covenant requires States parties to prioritize primary education (see para. 51). "[A]ctively pursued" suggests that the overall strategy should attract a degree of governmental priority and, in any event, must be implemented with vigour.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 27
- Paragraph text
- While the Covenant requires that "the material conditions of teaching staff shall be continuously improved", in practice the general working conditions of teachers have deteriorated, and reached unacceptably low levels, in many States parties in recent years. Not only is this inconsistent with article 13 (2) (e), but it is also a major obstacle to the full realization of students' right to education. The Committee also notes the relationship between articles 13 (2) (e), 2 (2), 3 and 6-8 of the Covenant, including the right of teachers to organize and bargain collectively; draws the attention of States parties to the joint UNESCO-ILO Recommendation Concerning the Status of Teachers (1966) and the UNESCO Recommendation Concerning the Status of Higher-Education Teaching Personnel (1997); and urges States parties to report on measures they are taking to ensure that all teaching staff enjoy the conditions and status commensurate with their role.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 33
- Paragraph text
- In some circumstances, separate educational systems or institutions for groups defined by the categories in article 2 (2) shall be deemed not to constitute a breach of the Covenant. In this regard, the Committee affirms article 2 of the UNESCO Convention against Discrimination in Education (1960).
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 1999
Paragraph