A/HRC/17/29
process has furthered the global recognition of the duty to ensure every child receives free
primary and basic education without discrimination or exclusion.
11.
Beyond primary education, the right to education also extends to higher education;
its enjoyment is subject to the criteria of merit or capacity, while respecting the
fundamental principles of non-discrimination and equality. The obligations assumed by
States under human rights treaties range from ensuring universal access to primary
education to progressive access to secondary education and higher education on the basis of
capacity. The right to education is not only recognized as an entitlement, but as a source of
empowerment.
12.
Efforts to universalize access to education over the last decades are underpinned by
repeated political commitments. The EFA and Millennium Development Goals campaigns
inspired expansions of primary education systems and created more education opportunities
for girls. However, progress is fragile and uneven across regions and among population
groups. Unprecedented disparities in access and quality emerge as the demand for
education grows and education systems expand. Significant gaps remain even in the
coverage of education as there are about 67 million children of primary school age who are
out of school; while a larger number of adolescents (another 71 million), remain deprived
of basic post-primary education.4
13.
The experience of human rights monitoring mechanisms has identified many forms
of discrimination and inequality that affect the enjoyment of the right to education. These
range from clear legal inequalities in status and entitlements to policies that neglect the
specific conditions of certain groups. The work of human rights treaty bodies over the last
years has indicated areas of action at national and international levels to ensure equality of
opportunity in education. Similarly, recommendations to States undergoing the universal
periodic review process also address aspects such as guaranteeing the right to education to
marginalized and under privileged groups, combating poverty, ensuring the right to
education for all, removing gender-based imbalances in education, strengthening efforts to
expand opportunities for (basic) education, etc.5
14.
Challenges faced in achieving equality of opportunity in education were also
described in reports submitted by States regarding implementation of the UNESCO
Convention against Discrimination in Education6 – even in countries where educational
opportunities are in general widely available, inequalities remain in the ability of all social
groups to fully avail themselves of such opportunities. Social and cultural barriers and
unequal opportunities manifested in access to quality education remain one of the most
serious difficulties of national educational policies. Closing the attainment gap among
children from different ethnic groups and differing socio-economic backgrounds appears as
a common challenge in these reports.
15.
The need to guarantee “equal access of all levels of society to learning opportunities
so as to implement the principles of inclusive education” was underlined in the conclusions
and recommendations of the forty-eighth session of the International Conference on
Education, in 2008. Considering that inclusive education is key to building inclusive
societies, the Conference recommended that States “address social inequity and poverty
4
5
6
6
UNESCO, EFA Global Monitoring Report 2010: Reaching the Marginalized, Paris.
See Issues-Right to Education, UPR Info site, http://www.upr-info.org.
UNESCO, “Results of the Seventh Consultation of Member States on the measures taken for
implementation of UNESCO’s Convention and the Recommendation (1960)” (Document 177
EX/36).
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