Right to Education

Question 1

S/L section 9

Question 2

non-justiciable

Question 3

legal provisions

Answer 3

Art. 17 (1) ACHPR 1981 - “Every individual shall have the right to education.”
Arts. 13 ICESCR 1966
14 ICESCR 1966
Art. 29 (1) CRC: Aim of Education - See also General Comment N0.1 (2001) Art. 29 (1) CRC: the Aims of Education

Question 4

4 specific legal obligation

Answer 4

AVAILABILITY
ACCESSIBILITY
non-disrimination
Physical
Economical
ACCEPTABILITY
ADAPTABILITY

Question 5

cases on the right to education

Answer 5

Brown v. Board of Education
Student representative council case

Question 6

violations on the right to education

Answer 6

Violations may occur through the direct action of the State (acts of commission) or through their failure to take steps required by the Covenant (acts of omission).
Examples:
the introduction or failure to repeal legislation which discriminates against individuals or groups, on any of the prohibited grounds, in the field of education;
the failure to take measures which address de facto educational discrimination;
the failure to maintain a transparent and effective system to monitor conformity with article 13 (1);
the prohibition of private educational institutions

Question 7

example of violations

Answer 7

The denial of academic freedom of staff and students; the closure of educational institutions in times of political tension in non-conformity with article 4 ICESCR, 1966.
The failure to ensure private educational institutions conform to the “minimum educational standards” required by article 13 (3) and (4) ICESR, 1966.
The use of curricula inconsistent with the educational objectives set out in article 13 (1) (see General Com. 13,1999, para. 59)
Etc.