A/HRC/17/29
40.
Equality of opportunity and equal access to education are guaranteed in the
constitutions of many countries in all regions. Constitutional provisions are noteworthy in
several countries in Africa,32 Asia,33 Europe34 and Latin America.35
41.
Constitutional law in various countries reflects concepts such as equal and adequate
opportunities, or equal and reasonable opportunities, equitable public education, equal
access to education, or equal conditions and opportunities, equal right to receive education,
among others. This provides fertile grounds for action at the national level in the form of
legislation, but also policies and programmes that ensure better opportunities for all.
42.
The need to “identify steps to strengthen and harmonize, where necessary, the
legislative framework within which the right to education is guaranteed” was recognized at
various stages of the EFA process.36 As a consequence, a large number of countries have
also developed or modernized their national legislation. Such laws establish the right to
basic education, and include provisions on non-discrimination and equality of opportunity
in education. This further demonstrates the importance accorded to the equality of
opportunity in education in national legal systems.37 Moreover, in some countries, the
regulatory frameworks for private educational institutions have also been developed as part
of national legal frameworks protecting equal opportunities in education. 38
43.
Additionally, other countries have enacted laws specifically addressing the
principles of non-discrimination and equality of opportunity in education. Examples include
the Promotion of Equality and Prevention of Unfair Discrimination Act (2000) in South
Africa; the Law on Equality of Rights and Opportunities, Participation and Citizenship of
Persons with Disabilities (2005) in France; the Prohibition of Discrimination Act (2005) in
Norway, which establishes the function of Ombudsman on Equality and Anti32
33
34
35
36
37
38
12
Provisions for: “equal and adequate opportunities” are present in the constitutions of Nigeria and
Tanzania; “equal access to educational opportunities and facilities” in Liberia; “equal access to
education” in Algeria and in Ivory Coast; and “equal opportunity to attain the highest educational
standards” in Uganda.
Provisions for: “promoting with special care the educational and economic interests of the weaker
sections of the people” are contained in the constitution of India; “making quality education
accessible to all” in the Philippines; “equal right to receive the fundamental education” in Thailand.
Provisions for: “equal opportunity to receive educational services in accordance with their ability and
special needs as well as the opportunity to develop themselves without being prevented by economic
hardship” are in the constitution of Finland; “equality of opportunity in access to and success in
schools” in Portugal; “equal access to education (instruction)” in France; and “the right to education
for all” in Spain.
Provisions for: “equal educational opportunities and access to education to all citizens to attain the
highest level of education in accordance with their capacities” can be found in the constitution of
Brazil; “equal opportunity to access higher education” in Ecuador; “equal opportunity to all citizens
for schooling” in Suriname; “equal and free access to education for all Nicaraguans” in Nicaragua;
“the right to learn and equal access and opportunities” in Paraguay; and “education with equal
conditions and opportunities” in Venezuela.
UNESCO, Seventh Meeting of the High-Level Group on Education for All, Dakar, Senegal,
December 2007, Communiqué (ED/EFA/2007/ME/32).
For example, Law on Education, Lithuania (2003, revised in 2006); Education Law, Liberia (2002);
Education Law, Senegal (2004); Law on National Education System, Indonesia (2003); Compulsory
Free Universal Basic Education Act, Nigeria (2004); Education Law, Brazil (1996, as amended in
2006); Education Law, China (1995); Right of Children to Free and Compulsory Education Act, India
(2009); General Law on Education, Mexico (2003); National Education Law, Argentina (2006);
Education Law, Cambodia (2007); Basic Education Law (1999), Thailand; Education Law,
Afghanistan (2008); Technical and Vocational Education and Entrepreneurship Training (TVET)
Act, Zambia (2005); Education Law, Benin (2003); Education (amendment) Act, Mauritius (2000).
See UNESCO, Implementing the Right to Education: A compendium of practical examples, 2010.
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