A/HRC/17/29
C.
Global political commitments
35.
The global political commitments made by the international community at the 2000
World Education Forum towards achieving the goals of EFA are well known. EFA is the
most relevant international initiative for promoting equality of opportunity in education; its
goals correspond to various provisions regarding the right to education as enshrined in
international human rights treaties.
36.
Reflecting the commitments adopted by world leaders in 2000 and set to be achieved
by 2015, the Millennium Development Goals are amongst the most significant political
commitments in recent history to tackle the most pressing challenges of our world,
including serious concerns relating to education. Goal 2 calls on States to ensure that all
children complete primary education, while Goal 3 calls on States to eliminate disparities
between girls and boys in primary as well as secondary education. Progress towards these
goals requires fully embracing equality of opportunity in education in the formulation,
implementation and evaluation of education policies.
37.
The challenge of ensuring equality in education is also a matter of specific concern
in the Durban Declaration and the Programme of Action, adopted at the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance (2001), in
which a key role was assigned to the right to education, in particular basic education. States
are urged “to ensure equal access to education for all in law and in practice, and to refrain
from any legal or any other measures leading to imposed racial segregation in any form in
access to schooling.”28 The Programme of Action amply demonstrates the need for
revitalizing action for non-discrimination and equality of opportunity in the field of
education. It urges States to ensure access to education for all without discrimination, to
eliminate barriers to accessing education, to ensure education of good quality, to monitor
the educational performance of children from disadvantaged groups, and to devote
resources to addressing inequalities in educational outcomes for children.29
38.
As regards equal opportunities for men and women, the Beijing Platform for Action,
adopted at the Fourth World Conference for Women in 1995, includes women and
education as one of the Platform’s 12 critical areas of concern, inter alia, recognizing that
“equality of access to and attainment of educational qualifications is necessary if more
women are to become agents of change.”30 The Platform for Action calls on Governments
to, inter alia, “advance the goal of equal access to education by taking measures to
eliminate discrimination in education at all levels,” and to “create a gender-sensitive
educational system in order to ensure equal educational and training opportunities.”31
V.
National legal framework
39.
Pursuant to the legal obligations assumed by States under international human rights
treaties, and following up on the political commitments they have undertaken, it is
incumbent upon them to apply the principle of equality of opportunity in education through
their national legal system. The place accorded to this principle in constitutions and other
national legislation bears evidence to the way States incorporate their obligations into
domestic law.
28
29
30
31
Durban Programme of Action (A/CONF.189/12), paras. 122 and 123.
Ibid., paras. 121-123.
Beijing Declaration and Platform for Action, September 1995 (A/CONF.177/20 and Add.1).
Ibid., para. 80.
11
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