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29 November 1999
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HR/ESC/99/46
29 November 1999
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS BEGINS
ADOPTING DRAFT GENERAL COMMENT ON RIGHT TO EDUCATION
The Committee on Economic, Social and Cultural Rights began adoption this morning on a draft general comment on the right to education -- a right stipulated in article 13 of the International Covenant on Economic, Social and Cultural Rights.
Introducing the draft text, Committee Chairperson Virginia Bonoan-Dandan said the draft general comment had been under discussion since fall 1998 and had been circulating among the Committee's Experts and other concerned persons. Today's aim was to adopt the text and not to have a general debate on education, she said.
Committee member Paul Hunt, who served as rapporteur for the working group on the drafting of the document, said consultations had been going on over the text since last year. The drafting effort had been painstaking work and difficult, but productive, he said. The text reflected the working group's wishes and the structure of the document focused on the normative content, States' obligations and on violations of the right to education.
The Committee adopted 30 paragraphs of the 60-paragraph text. The language dealt mainly with the normative content of article 13 of the International Covenant.
Before the Committee started its adoption of the text a series of United Nations specialized agencies and non-governmental organizations commented on the draft.
Speaking were representatives of United Nations Educational, Scientific and Cultural Organization (UNESCO); International Labour Office (ILO); International Organization of the Development of Freedom of Education (OIDEL); World University Service; Association Mondiale pour l'Ecole Instrument de Paix; OXFAM; New Humanity; Association Montessori Internationale; and the University of Geneva.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the draft general comment on education.
Statements
JOHN SMITH, of United Nations Educational, Scientific and Cultural Organization (UNESCO), said the draft general comment was in line with the UNESCO's thinking. It was drafted for today's world and it would update the Covenant, which had been in force a long time. The general comment should emphasize the importance of education and the allocation of resources. The quality and effectiveness of education should also be stressed. The development of education worldwide was UNESCO's priority, including for minorities and adults.
LEE SWEPSTON, of International Labour Office (ILO), said that the obligations of States parties should periodically be revised through such general comments. The continuity of education, particularly adult education, was essential. Because of the lack of continued opportunity, adult education had been an undersupported issue. With regard to minorities, it was not only discrimination and inequality that kept them from making progress, but also denial of the right to education. Language should be adopt in the comment to meet the specific needs of that segment of society.
JEAN-DANIEL NORDMANN, of the International Organization for the Development of Freedom of Education (OIDEL), said school systems were undergoing profound difficulties. There were lower rates of schooling, discrimination in access to education, and non-adaptation of school systems to the specific needs of children, among other things. As in the case of all other fundamental freedoms, a right could not be exercised while the material means were absent. The role of States was to respect and protect rights and to fully implement them.
WIEKE WAGENAAR, of World University Service, said the organization strongly endorsed the general comment on article 13 and would very much welcome its adoption by the Committee. As the political and financial commitment of Governments was the single most important factor towards realizing the right to education, the spelling out of their obligations would help those who were deprived of education. The explicit mentioning of non-discrimination was of paramount importance, as most of those who were deprived of education were discriminated against in terms of gender, colour, ethnicity, or in other ways.
RAMDANE BABADJI, of Association Mondiale pour l'Ecole Instrument de Paix, said unlike the other conventions such as those on the Rights of the Child and the Elimination of All Forms of Discrimination against Women, the right to education under the Covenant on Economic, Social and Cultural Rights was intended for all people. The United Nations' Decade on Education should not be limited to a decade alone; it should be a continuous process. In addition, States had the obligation not only to remove all sexist and racist references in their educational textbooks, but should also see that the texts themselves were in conformity with article 13 of the Covenant.
SIAN LEWIS-ANTHONY, of OXFAM, said education was instrumental for empowerment of rights and not only as a means to alleviate poverty. The right to education should be highlighted as important in and of itself. Moreover, education should not be privatized; it should remain under States' scrutiny. Because of privatization in Brazil, disadvantages and disparities had been created among students. An additional paragraph on poverty should be added to the general comment.
ANDRE KALENDE, of New Humanity, said that in the rural areas of developing countries, the right to education was not fully implemented because of the absence of school structures and the distance separating students from schools. In rural areas it was already considered a privilege if someone completed primary school. The inability to pay school fees had also discouraged parents from sending their children to school. In some countries, States were not able to pay teachers salaries.
GIORGIO MALINVERNI, of University of Geneva, said that reference in the comment was made to adult education before that of children. The text referred more to adults than to children; it should be the other way around. In addition, the general comment stressed the right of parents to education of their children in accordance with their own convictions, but the preferences of children were not taken into account.
General Comment
The draft general comment on article 13 of the International Covenant contains 60 paragraphs divided into normative contents and States parties' obligations and violations. With a view of assisting States parties' implementation of the Covenant and fulfilment of their reporting obligations, the draft general comment focuses on the normative content of article 13, some of the obligations arising from it, and some illustrative violations. The third part briefly remarks upon the obligations of actors other than States parties. The general comment is based on the Committee's experiences in examining numerous State party reports over many years.
Article 13 stipulates that States parties guarantee the right to receive an education; the right to primary, secondary and higher education; the right to fundamental education; and the right to educational freedom, among other things.
The purpose of general comments is 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 in large numbers of reports and suggest improvements in reporting procedures.
In addition, general comments are intended to stimulate the activities of States parties and international organizations in the promotion and protection of economic, social and cultural rights. These comments should also be of interest to other States, especially those preparing to become parties to the Covenant. General comments thus strengthen the cooperation of all States in the universal promotion and protection of economic, social and cultural rights.
HR/ESC/99/46
29 November 1999
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS BEGINS
ADOPTING DRAFT GENERAL COMMENT ON RIGHT TO EDUCATION
The Committee on Economic, Social and Cultural Rights began adoption this morning on a draft general comment on the right to education -- a right stipulated in article 13 of the International Covenant on Economic, Social and Cultural Rights.
Introducing the draft text, Committee Chairperson Virginia Bonoan-Dandan said the draft general comment had been under discussion since fall 1998 and had been circulating among the Committee's Experts and other concerned persons. Today's aim was to adopt the text and not to have a general debate on education, she said.
Committee member Paul Hunt, who served as rapporteur for the working group on the drafting of the document, said consultations had been going on over the text since last year. The drafting effort had been painstaking work and difficult, but productive, he said. The text reflected the working group's wishes and the structure of the document focused on the normative content, States' obligations and on violations of the right to education.
The Committee adopted 30 paragraphs of the 60-paragraph text. The language dealt mainly with the normative content of article 13 of the International Covenant.
Before the Committee started its adoption of the text a series of United Nations specialized agencies and non-governmental organizations commented on the draft.
Speaking were representatives of United Nations Educational, Scientific and Cultural Organization (UNESCO); International Labour Office (ILO); International Organization of the Development of Freedom of Education (OIDEL); World University Service; Association Mondiale pour l'Ecole Instrument de Paix; OXFAM; New Humanity; Association Montessori Internationale; and the University of Geneva.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the draft general comment on education.
Statements
JOHN SMITH, of United Nations Educational, Scientific and Cultural Organization (UNESCO), said the draft general comment was in line with the UNESCO's thinking. It was drafted for today's world and it would update the Covenant, which had been in force a long time. The general comment should emphasize the importance of education and the allocation of resources. The quality and effectiveness of education should also be stressed. The development of education worldwide was UNESCO's priority, including for minorities and adults.
LEE SWEPSTON, of International Labour Office (ILO), said that the obligations of States parties should periodically be revised through such general comments. The continuity of education, particularly adult education, was essential. Because of the lack of continued opportunity, adult education had been an undersupported issue. With regard to minorities, it was not only discrimination and inequality that kept them from making progress, but also denial of the right to education. Language should be adopt in the comment to meet the specific needs of that segment of society.
JEAN-DANIEL NORDMANN, of the International Organization for the Development of Freedom of Education (OIDEL), said school systems were undergoing profound difficulties. There were lower rates of schooling, discrimination in access to education, and non-adaptation of school systems to the specific needs of children, among other things. As in the case of all other fundamental freedoms, a right could not be exercised while the material means were absent. The role of States was to respect and protect rights and to fully implement them.
WIEKE WAGENAAR, of World University Service, said the organization strongly endorsed the general comment on article 13 and would very much welcome its adoption by the Committee. As the political and financial commitment of Governments was the single most important factor towards realizing the right to education, the spelling out of their obligations would help those who were deprived of education. The explicit mentioning of non-discrimination was of paramount importance, as most of those who were deprived of education were discriminated against in terms of gender, colour, ethnicity, or in other ways.
RAMDANE BABADJI, of Association Mondiale pour l'Ecole Instrument de Paix, said unlike the other conventions such as those on the Rights of the Child and the Elimination of All Forms of Discrimination against Women, the right to education under the Covenant on Economic, Social and Cultural Rights was intended for all people. The United Nations' Decade on Education should not be limited to a decade alone; it should be a continuous process. In addition, States had the obligation not only to remove all sexist and racist references in their educational textbooks, but should also see that the texts themselves were in conformity with article 13 of the Covenant.
SIAN LEWIS-ANTHONY, of OXFAM, said education was instrumental for empowerment of rights and not only as a means to alleviate poverty. The right to education should be highlighted as important in and of itself. Moreover, education should not be privatized; it should remain under States' scrutiny. Because of privatization in Brazil, disadvantages and disparities had been created among students. An additional paragraph on poverty should be added to the general comment.
ANDRE KALENDE, of New Humanity, said that in the rural areas of developing countries, the right to education was not fully implemented because of the absence of school structures and the distance separating students from schools. In rural areas it was already considered a privilege if someone completed primary school. The inability to pay school fees had also discouraged parents from sending their children to school. In some countries, States were not able to pay teachers salaries.
GIORGIO MALINVERNI, of University of Geneva, said that reference in the comment was made to adult education before that of children. The text referred more to adults than to children; it should be the other way around. In addition, the general comment stressed the right of parents to education of their children in accordance with their own convictions, but the preferences of children were not taken into account.
General Comment
The draft general comment on article 13 of the International Covenant contains 60 paragraphs divided into normative contents and States parties' obligations and violations. With a view of assisting States parties' implementation of the Covenant and fulfilment of their reporting obligations, the draft general comment focuses on the normative content of article 13, some of the obligations arising from it, and some illustrative violations. The third part briefly remarks upon the obligations of actors other than States parties. The general comment is based on the Committee's experiences in examining numerous State party reports over many years.
Article 13 stipulates that States parties guarantee the right to receive an education; the right to primary, secondary and higher education; the right to fundamental education; and the right to educational freedom, among other things.
The purpose of general comments is 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 in large numbers of reports and suggest improvements in reporting procedures.
In addition, general comments are intended to stimulate the activities of States parties and international organizations in the promotion and protection of economic, social and cultural rights. These comments should also be of interest to other States, especially those preparing to become parties to the Covenant. General comments thus strengthen the cooperation of all States in the universal promotion and protection of economic, social and cultural rights.