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29 November 1999

AFTERNOON
HR/ESC/99/47
29 November 1999


COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS ADOPTS
GENERAL COMMENT ON RIGHT TO EDUCATION


The Committee on Economic, Social and Economic Rights this afternoon adopted a general comment on article 13 of the International Covenant on Economic, Social and Cultural Rights concerning the right to education.

In its introduction, the document says that education is both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities.

The text further says that education plays a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth. Increasingly, education is recognized as one of the best financial investments available to States, but the importance of education is more than just practical and instrumental, according to the comment.

The comment remarks that the International Covenant has devoted 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 had already adopted general comment 11 on article 14 on plans of action for primary education; this and the current general comment on article 13 are considered complementary and are meant by the Committee to be considered together.

The general comment adopted this afternoon says that the Committee was aware that, for millions of people throughout the world, the enjoyment of the right to education remained a distant goal; and moreover, in many cases, that goal was becoming increasingly remote because of formidable structural and other obstacles impeding full realization of article 13 in many States parties.

The General Comment contains 60 paragraphs, which were adopted by the members of the Committee on a paragraph-by-paragraph basis after a thorough discussion of the contents in view of amendments. It is divided into three sections on normative content, States parties' obligations and violations, and obligations of actors other than States parties.

Under the section on normative content, the general comment says that the right to primary, secondary, higher and fundamental education should include the elements of availability, accessibility, acceptability and adaptability common to education in all its forms and at all levels. It emphasizes that enjoyment of the right to fundamental education is not limited by age; it extends to children, youth and adults, including older persons. Fundamental education is termed an integral component of adult education and life-long learning. Because fundamental education is a right of all age groups, curricula and delivery systems should be devised to be suitable for students of all ages and genders.

The general comment says that when the normative content of article 13 of the Convenant is applied to the general and specific obligations of States parties, a dynamic process is set in motion which facilitates identification of violations of the right to education. Violations of article 13 might occur through the direct action of States parties -- acts of commission, or through their failure to take steps required by the Covenant, acts of omission.

The Committee has periodically issued general comments on issues relating to the International Covenant to assist States parties in fulfilling their reporting obligations in order to promote their further implementation of the provisions of the International Covenant. General comments also draw attention to insufficiencies disclosed by the large numbers of reports reviewed by the Committee and suggest improvements that might be made in reporting procedures.

This latest general comment outlines the obligations of actors other than States parties to consider the effectiveness of assistance provided by all actors, such as the United Nations Children's Fund (UNICEF), United Nations Educational, Scientific and Cultural Organization (UNESCO), United Nations Development Programme (UNDP), International Labour Office (ILO), the World Bank, and the International Monetary Fund (IMF), among others.

When the Committee reconvenes at 10 a.m. Tuesday, 30 November, it will meet in private to adopt concluding observations on country reports considered during the Committee's current session. The Committee will end its three-week session on Friday.