Right to Education

Normative instruments of the United Nations and UNESCO lay down international legal obligations for the right to education. These instruments promote and develop the right of every person to enjoy access to education of good quality, without discrimination or exclusion. These instruments bear witness to the great importance that Member States and the international community attach to normative action for realizing the right to education. It is for governments to fulfill their obligations both legal and political in regard to providing education for all of good quality and to implement and monitor more effectively education strategies.

Education is a powerful tool by which economically and socially marginalized adults and children can lift themselves out of poverty and participate fully as citizens.

India is home to 19% of the world’s Children. What this means is that India has the world’s largest number of youngsters, which is largely beneficial, especially as compared to countries like China, which has an ageing population.

The not-so-good news is that India also has one-third of the world’s illiterate population. It’s not as though literacy levels have not increased, but rather that the rate of the increase is rapidly slowing. For example, while total literacy growth from 1991 to 2001 was 12.6%, it has declined to 9.21%.

To combat this worrisome trend, the Indian government proposed the Right to Free and Compulsory Education (RTE) Act, making education a fundamental right of every child in the age group of 6 to 14.

The right to education is a universal entitlement to education. This is recognized in the International Covenant on Economic, Social and Cultural Rights as a human right that includes the right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all, in particular by the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education.

The right to education also includes a responsibility to provide basic education for individuals who have not completed primary education. In addition to these access to education provisions, the right to education encompasses the obligation to rule out discrimination at all levels of the educational system, to set minimum standards and to improve the quality of education.

International Recognition of Education as a Human Right

There are a large number of human rights problems, which cannot be solved unless the right to education is addressed as the key to unlock other human rights. The right to education is clearly acknowledged in the United Nations Universal Declaration of Human Rights (UDHR), adopted in 1948, which states:

“Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit

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