A/HRC/17/29
requiring States to provide information on “measures taken to ensure that girls are treated
equally to boys in education.”25
30.
Article 3 of the Convention on the Rights of Persons with Disabilities specifically
mentions equality of opportunity as a general provision of the treaty, while article 24
contains detailed provisions concerning the right of persons with disabilities to education
“without discrimination and on the basis of equal opportunity.” Of particular importance is
article 24.2 (b) which stipulates that States shall ensure that “persons with disabilities can
access an inclusive, quality and free primary education and secondary education on an
equal basis with others ….”
31.
The International Convention on the Rights of All Migrant Workers and Members of
Their Families also protects the right to education on a basis of equality. Specifically,
article 30 states that “each child of a migrant worker shall have the basic right of access to
education on the basis of equality of treatment with nationals of the State concerned.”
Articles 43 and 45 further emphasize equality of treatment for migrant workers and
members of their families in relation to access to educational institutions, as well as
vocational training.
32.
Thus, equality of opportunity in education is clearly an overarching principle in most
human rights treaties. It enjoins on the States parties to these treaties international
obligations of a permanent nature for promoting and protecting the right to education,
without discrimination or exclusion, in a way that it is fully respectful of equality of
opportunity in education.
B.
UNESCO Convention against Discrimination in Education
33.
The UNESCO Convention against Discrimination in Education is a key instrument
addressing the fundamental principles of non-discrimination and equality of opportunity in
education. Adopted in 1960 and in force since 1962, it seeks not only to eliminate
discrimination in education but also to adopt positive measures to promote equality of
opportunity and treatment. Article 4 of the Convention specifically lays down the
obligations of the States parties to the Convention to “undertake […] to formulate, develop
and apply a national policy which, by methods appropriate to the circumstances and to
national usage, will tend to promote equality of opportunity and of treatment in the matter
of education”.
34.
The Committee on Economic, Social and Cultural Rights has interpreted articles 2.2
and 3 of the International Convention on Economic, Social and Cultural Rights “in the light
of the UNESCO Convention against Discrimination in Education (….)”.26 A statement of
the joint expert group of UNESCO and the Committee highlights that in overcoming
inequalities and eliminating disparities in education, emphasis should be placed on the
inclusive dimensions of the right to education, which does not admit of any discrimination
or exclusion.27
25
26
27
10
Human Rights Committee, general comment No. 28 (2000), para. 28.
CESCR, general comment No. 13 (1999).
See UNESCO/Economic and Social Council, “Inclusive dimensions of the right to education:
Normative bases,” Concept paper, Eighth and ninth meetings of the Joint Expert Group UNESCO
(CR)/ECOSOC (CESCR) on the Monitoring of the Right to Education, 2008.
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