Humanelaw

Education is elemental and essential for all other human rights. It is a powerful tool by which socially and economically marginalized children and adults can lift themselves out of poverty. It also consists of the right to freedom of education.

Freedom of education is the right given to human beings to have access to the education of their preference without any constrictions.

Right to education is a human right recognized by the United Nations. It includes the entire compulsion to eliminate inequity at all levels of the educational system.

The rights to education are separated into three levels:

• Primary (Fundamental or Elemental) Education- This type of education must be free and compulsory for all children apart from of their gender, social origin, nationality, color or any other discrimination.
• Secondary (Professional, Technical, and Elementary) - Education must be usually accessible, acceptable, adaptable and available.
• Higher Education (University Level) – It should be provided according to aptitude. That is, if anyone meets the essential education standards then, he should be able to go to university.

According to Article number 14 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article number 26 of the Universal Declaration of Human Rights (UDHR) “Everyone has right to education”, and:

• Education should be free, at least in the fundamental and elementary stage, and also elementary education should be compulsory. Higher education should be equally accessible to all on the basis of merit. Professional and technical education should be made generally available.
• Education should promote friendship, understanding and tolerance among all nations, religious or racial groups, and the activities of the United Nations for the maintenance of peace. It should be intended for the improvement of the human personality. It should be directed to the strengthening of respect for human rights and freedoms.
• All the parents have a right to decide the type of education that shall be given to their children.

The right to education is also reaffirmed by the 1st Protocol of ECHR, 1981 Convention on the Elimination of All Forms of Discrimination against Women, and also the 1960 UNESCO (United Nations Educational, Scientific and Cultural Organization) Convention against Discrimination in Education.

According to the Article 1(2) written in the 1960 UNESCO Convention against Discrimination in Education, education refers to the transmission to a following generation of those skills required to carry out the tasks of daily living, and further passing on the cultural, spiritual, social and philosophical ethics of the particular society.

UN Special Rapporteur, Katarina Tomasevski, developed a 4 As framework on the right of education. According to 4 As framework, education must be acceptable, available, adaptable and accessible. It can be elaborated as:

• Acceptability – The content of education is appropriate, non-discriminatory, and relevant. The teachers are professional and well qualified.
• Availability – It means education is free of cost. It is government-funded and there is sufficient infrastructure and qualified teachers to support literacy.
• Accessibility – Education system is non-discriminatory and accessible to all.

Adaptability – Education system can be adapted to suit with the changing needs of society.