A/HRC/44/39
reflect the principle of holding the best interests of the child as a primary consideration (art.
3 (1) of the Convention). This includes restrictions on a child’s right to education (art. 28).10
14.
Resorting to the framework set out in general comment No. 13 (1999) on the right to
education to assess challenges and priorities and to ensure that the most vulnerable are not
left behind, is crucial. In accordance with that framework, 11 education must exhibit the
following interrelated and essential features, all of which are of particular relevance in
times of crisis:
(a)
Availability, which requires that functioning educational institutions,
including sanitation facilities for both sexes and safe drinking water, be available, as well as
trained teachers, teaching materials, computer facilities and information technology;
(b)
Accessibility, meaning that educational institutions and programmes have to
be physically and economically accessible to everyone, without discrimination;
(c)
Acceptability, meaning that the form and substance of education, including
its curricula and teaching methods, have to be acceptable (i.e., they must be relevant,
culturally appropriate and of good quality) to students and, in appropriate cases, to parents;
this is subject to the educational objectives set out in article 13 (1) of the International
Covenant on Economic, Social and Cultural Rights and such minimum educational
standards as may be approved by the State in accordance with article 13 (3)–(4) of that
same Covenant;
(d)
Adaptability, which demands that education be flexible, so it can adapt to the
needs of changing societies and communities and respond to the needs of students within
their diverse social and cultural settings.
15.
While understanding that many were caught by surprise by the closure of
educational institutions and that it was necessary to urgently take action, the Special
Rapporteur insists on the importance of abiding by this framework for the sake not only of
equality and equity but also of efficiency. For example, distance learning must be
implemented keeping in mind the framework in order to avoid widening rather than
narrowing inequalities. Furthermore, the availability, accessibility, acceptability and
adaptability framework demands close cooperation among institutions, teachers, families
and communities to ensure that the needs of learners and their families are understood. This
is at odds with certain authoritarian and top-down attitudes reinforced in times of crisis, as
exemplified in many parts of the world.
16.
There is an opportunity to “build back better” after the pandemic and to address past
weaknesses. To do so, however, there must be an understanding of how policies and legal
and regulatory frameworks that failed to sufficiently integrate a human rights-based
approach may have exacerbated the negative impact of the pandemic on the right to
education of the most vulnerable.
17.
It appears necessary to reinforce and adjust these policies and legal and regulatory
frameworks in order to face the next crisis, for example by:
(a)
Integrating the availability, accessibility, acceptability and adaptability
framework at all levels of the education system, including at the level of schools. The
framework is a powerful tool for addressing inequalities in the enjoyment of the right to
inclusive quality education. It helps build a culture of human rights within education
systems, as well as a culture of cooperation among all stakeholders, including parents and
communities, as a solid foundation from which to address future crises in a timely and
reactive manner;
(b)
Fully integrating the rights of children, for whom the right to education is of
special importance and who should be considered as rights holders;
(c)
10
11
6
Focusing on the most vulnerable as a matter of priority;
Ibid.
See also principle 14 of the Abidjan principles on the human rights obligations of States to provide
public education and to regulate private involvement in education.
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