A/HRC/23/35 Convention on the Elimination of All Forms of Discrimination against Women , article 10; (c) the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, articles 12 and 30; (d) the Convention on the Elimination of Racial Discrimination, article 5(e); and (e) the Convention on the Rights of Persons with Disabilities, article 24. 16. Regional human rights treaties also include provisions on the right to education. In Europe, the First Protocol (1952) to the European Convention for the Protection of Human Rights and Fundamental Freedoms states that “no person shall be denied the right to education”. The Revised European Social Charter (1996) 2 has provisions for free primary and secondary education. 3 The Charter of the Organization of American States (1948) provides numerous rights related to education. 4 The Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (San Salvador Protocol, 1999) defines the right to education in detail in articles 13 and 16. 5 Finally, the African Charter on Human and Peoples' Rights (1981) provides that every individual shall have the right to education, 6 and the African Charter on Rights and Welfare of the Child provides in article 11 that every child should have the right to education. B. State obligations for the right to education under international human rights law 17. “As the Supreme Court of the United States of America st ated in the historic judgement in Brown v. Board of Education (1954), “Providing public schools ranks at the very apex of the function of a State,” and “education is perhaps the most important function of State and local governments”. 7 The right to education creates complex, intertwined obligations and responsibilities for multiple stakeholders. States have the primary responsibility to realize the right to education for all individuals in their territories and subject to their jurisdiction. They must establish an educational system respectful of the right to education, 8 and refrain from any action which may prevent or limit access to education. The State’s obligations remain in case of privatization of education. States must ensure that the right to education is provided and promoted; they must also ensure that it is respected and fulfilled, 9 both as entitlement in terms of universal access to basic education as well as empowerment in terms of acquisition of knowledge, skills and competencies and their quality and standard. 2 3 4 5 6 7 8 9 6 Revised European Social Charter (1996), CETS No. 163. Ibid., art. 17.2. Notably in arts. 31, 47, 48 & 49, establishing three levels of education, and the requirement to develop plans for, and to cooperate internationally to achieve, educational needs. See, e.g., American Declaration on the Rights and Duties of Man, article XII (every person has the right to education); Protocol of San Salvador, article 13 (stating that primary education should be compulsory and free to all and that higher education should be available). OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), article 17. Wisconsin v. Yoder, 406 U.S.205, 92 S. Ct. 1526, 32 L.Ed.2d 15 (1972), as cited in Education Law, Education Series, Chapter 4, “Students Rights”, Law Journal Press, New York, 2002. General Comment 13 on the Right to Education (article 13 of the Covenant), adopted by the Committee on Economic, Social and Cultural Rights at its twenty-first session in 1999. E/C.12/1999/10, 2 December 1999. The obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide. General Comment 13 on the Right to Education (article 13 of the Covenant), E/C.12/1999/10, 2, December 1999 (paras. 46 &47).