THE RIGHT TO EDUCATION AND HUMAN RIGHTS

1.INTRODUCTION:

The right to education is a fundamental human right. Every individual, irrespective of race, nationality, gender, ethnic , religion or political preference, age or disability, is entitled to a free elementary education. “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. …” [] . Education is a preparation for life it need everyone. Thus, education with human rights is closely related to the right to education. International and regional human rights mentioned in various documents such as resolutions, declaration and conventions emphasize that the knowledge of human rights and should be a priority in education policies. The right to education is one of the most fundamental right but also human rights. Education shall be directed to the full debelopment of the human personality and to the strengtheninng of respect for human rights and fundamental freedoms. It shall promoting understanding, tollerance and friendship among all nations, religious or racial groups, and shall further the activities of the united nations for the mainmaintenance of peace. [ Art 26(2), UDHR: Art 13(1), ICESCR; Art 7, CERD; Art 29(1), CRC; Art 25, ACHPR; Art 13(2), ESCR; protocole to ACHR] [] 

The right to education is recognized as a human right and is understood to establish an entitlement to free, compulsory primary education for all children, and its obligation to develop secondary education accessible to all children, as well as equitable access to higer education, and 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 also the obligation to eliminate discrimination at every levels of the educational system, to set minimum standards and to improve quality of education.

2. FULLFILLMENT THE RIGHT TO EDUCATION

The right to education has a special value as its enables people to increase their chances and knowledge to having their others right fullfilled. Every persons shall be able to benefit from educational opportunities desired to meet their basic learning needs.

2.1 AVAILABILITY.

Education should be free to all, minimum the primary education and fundamental level. Every government should build enough schools to guarantee that everybody should be educated. They should be provide all the books and materials for free. The primary education should be compulsory and higher education should be available.

2.2 ACCESSIBILITY

Every educational institute should be accessible for everybody. Nobody can be discriminated on basis of race, sex, color, religion, immigration status, economic status, language and also ethnic. The school should be safe to attend and should be reasonable distance from the community. Education should be affordable to all, with textbooks, supplies and uniforms provided to students at no extra costs. Higher education shall be made equally accessible for all, on the basis of capacity, by every appropriate means, in particular by the progressive introduction of free education.

2.3 ACCEPTABILITY

The learning method of schools should be acceptable to the parent for their children and they should fulfill national norms that are set by the government also should be provide the quality educations.

2.4 ADAPTABILITY

Adaptability means education has to be flexible and easy. It promotes equitable outcomes for all learners and it can respond to the diverse needs of students. The educations shoul be adaptable and the educational process should be easy to all, and this educational program should be adjustable to all the people.

Implementation

International law does not protect the right to pre-primary education and international documents generally omit references to education at this level.[19] The Universal Declaration of Human Rights states that “everybody” has the right to education, hence the right accures to all individuals, although children are understood as the main beneficiaries.[20]

The rights to education are separated into three levels:

Primary (Elemental or Fundamental) Education. This shall be compulsory and free for any child regardless of their nationality, gender, place of birth, or any other discrimination. Upon ratifying the International Covenant on Economic, Social and Cultural Rights States must provide free primary education within two years.

Secondary (or Elementary, Technical and Professional in the UDHR) Education must be generally available and accessible.

Higher Education (at the University Level) should be provided according to capacity. That is, anyone who meets the necessary education standards should be able to go to university.

Both secondary and higher education shall be made accessible “by every appropriate means, and in particular by the progressive introduction of free education”.[21] The only country that has declared reservations about introducing free secondary or higher education is Japan.[22]

3. HUMAN RIGHTS AND EDUCATION

Every child, youth, man and women has the human right to educations, training and information and also fundamental rights dependent upon realization of human rights prospective to human rights educations.

“The States Parties … recognize the right of everyone to education…. Education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among … racial, ethnic or religious groups…. Primary education shall be compulsory and available free to all… Secondary education … including technical and vocational secondary education, shall be made generally available and accessible to all…. Higher education shall be made equally accessible to all….” [] 

Every government have to force to children’s parent to send their child to school, at least primary education. Education should be free for all and every government are bound to provide this. The state are encourage to our society for human rights educations.

4. DEVELOPMENT OF THE RIGHT TO EDUCATION

Today education is the most important human rights, we need to develop this right and also we have to thik about the education trainer or teacher for quality educations. We have to proper implimentation on human right convention, for serve the right to education. Today educations is the one of the most important function of the state.

“States Parties agree that the education of the child shall be directed to:

(a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

(c) The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

(d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;

(e) The development of respect for the natural environment”. [] 

5. CONCLUSION

Education is the deepest foundation of the modern human right, and education for all and as a human rights education. Today the main vision is “education for all” an equal right for all to an education directed at personal desire and self development for our society and country also we need to make sure life long education for all, and for the every different society. Every state are bound to provide minimum primary education. This primary education had a relatively clear interpretation in most state from the time has been the universal declaration of human rights was proclaimed. The international declarations, resoulations and conventions are emphasize that the knowledge of human rights should be a priority in educationa policies.