A/HRC/42/CRP.1
in August 2018 in the north of the country.1121 By the time the vaccines arrived in the
country, the epidemic had impacted millions. As of 31 August 2018, 2,407 people had
already died (nearly 53 per cent were children under 14 years old) and there were 1,162,558
suspected cases.
6.
Violations of the right to education
715. Children affected by armed conflict must be provided with the care and aid they
require, in particular education.1122 The right to education is understood in a broad sense, 1123
as enshrined in the Universal Declaration of Human Rights (hereinafter the “UDHR”), the
International Covenant on Economic, Social and Cultural Rights (hereinafter the
“ICESCR”), the International Covenant on Civil and Political Rights (hereinafter the
“ICCPR”) and the CRC.1124 Parties to the conflict have failed to uphold their obligations as
relates to the right to education, in preventing schools from being available and accessible
to children, including through attacks on schools, often triggered by their use for military
purposes.
Attacks on schools
716. Schools and students have directly felt the impact of the growing trend of the armed
conflict being fought in populated areas. The Group of Experts documented incidents where
children were killed and injured while at school or while leaving their school. For example,
in one incident in Sawan, Sana’a, a military facility set up near a school by Houthi fighters,
in a failure to take feasible precautions, exploded on 7 April 2019, killing at least 10
students (eight girls and two boys) and injuring dozens more.1125 In another case, on 26
April 2019, in Ta’izz, as a result of Houthi shelling on populated areas, one female student
was killed and two others injured as they were leaving their school.
717. Schools were affected by airstrikes. On 4 September 2015, the school Hussein
Fayed Majali, in Sa’dah governorate, was struck at night by the coalition. Sources reported
that its destruction affected at least 1,057 students. 1126 More recently, on 13 June 2019, in
the morning, the primary school al-Qutaynat located in Baqim district, Sa’dah governorate,
was hit by a “double-tap” coalition airstrike. While the school was severely damaged, no
casualties were reported as the children were on holidays.1127 The Group of Experts did not
Confidential Sources on File. Also UNICEF’s press statements at https://www.unicef.org/pressreleases/unicef-airlift-vaccines-children-yemen-restrictions
and
WHO
at
http://www.emro.who.int/yem/yemen-news/oral-cholera-vaccination-campaign-in-yemen-begins.html
1122 Additional Protocol II, Article 4(3)(a).
1123 This notion refers to all activities involving ‘organized and sustained communication designed to
bring about learning’. UNESCO, International Standard Classification of Education (ISCED),
November 1997, para. 7. It relates to various types and levels of programmes, such as pre-school,
primary and secondary education, including technical and vocational education. It also covers issues
such as ‘access to education, the standard and quality of education, and the conditions under which it
is given’. See Convention against Discrimination in Education, adopted by the General Conference of
UNESCO at its eleventh session, Paris, 14 December 1960, Article 1(2). See also UNESCO,
International Standard Classification of Education (ISCED) explaining that the notion of education
‘includes a variety of programmes and types of education which are designated in the national
context, such as regular education, adult education, formal education, non-formal education, initial
education, continuing education, distance education, open-education, life-long education, part-time
education, dual systems, apprenticeships, technical-vocational education, training, special needs
education’ (para. 12).
1124 See most notably: Universal Declaration of Human Rights, Article 26; ICESCR, Article 13; CRC,
Articles 28–29. See also the International Covenant on Civil and Political Rights, Article 18(4). See
also UN General Assembly, The right to education in emergency situation, A/RES/64/290, 27 July
2010; Committee on the Rights of the Child, Day of General Discussion on the “right of the child to
education in emergency situations”, Recommendations, 49th Session, 3 October 2008; Inter-agency
Guiding Principles on Unaccompanied and Separated Children, p. 49. Inter-agency Guiding
Principles on Unaccompanied and Separated Children, p. 49.
1125 ICRC Study on customary IHL, rule 23.
1126 Confidential Sources on File.
1127 Confidential Sources on File.
1121
171
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