A/HRC/17/29
Child has recognized the need for identifying and giving priority to marginalized and
disadvantaged groups of children, while not neglecting or diluting in any way the
obligations which States parties have accepted under the Convention.17
26.
General comment No. 1 of the Committee on the Rights of the Child highlights the
fact that while equality of opportunity in education “is primarily a matter which relates to
article 28 of the Convention, there are many ways in which failure to comply with the
principles contained in article 29 (1) [concerning the aims of education] can have a similar
effect.” The general comment goes on to outline how discrimination based on gender,
disability, health status and race can hamper children’s equal access to education.18
Furthermore, other general comments elaborated by the Committee address the need for
temporary special measures to ensure equal access to education for indigenous children and
equality of opportunity in education for children with disabilities.19
27.
Other treaty bodies have also stressed obligations connected to ensuring equality of
opportunity in education. Article 5 of the Convention on the Elimination of All Forms of
Racial Discrimination protects the right to education and training for everyone without
discrimination. In its general recommendations concerning specific groups, particularly in
relation to discrimination against Roma and discrimination based on descent, the
Committee on the Elimination of Racial Discrimination addressed, inter alia, “measures in
the field of education.” These elements especially address issues of access to education,
quality of education, drop-out rates, and special measures to ensure inclusion of
communities which face discrimination.20 The general recommendation on discrimination
against non-citizens also places particular emphasis on access to and quality of education
for non-citizens.21
28.
Article 10 of the Convention on the Elimination of All Forms of Discrimination
Against Women contains detailed provisions related to equality of opportunity in education
and the equal rights of women and men in the field of education.” Furthermore, general
recommendation No. 25, elaborated by the Committee on the Elimination of Discrimination
against Women, which oversees the implementation of this treaty, explains that “the
Convention requires that women be given an equal start and that they be empowered by an
enabling environment to achieve equality of results.”22 In this regard, the Committee further
specified that temporary special measures are necessary, not as an exception to the
prohibition of discrimination, but as a central part of a strategy to achieve substantive or de
facto equality between women and men.23 The Committee has also specifically referred to
the equal rights of girls in the area of basic education in its general recommendation No. 28
on the core obligations of States parties.24
29.
Concerning equality between men and women, the Human Rights Committee has
also interpreted articles 3 and 24 of the International Covenant on Civil and Political Rights
on equality between men and women, and on protection of children, respectively, as
17
18
19
20
21
22
23
24
CRC, day of general discussion on “Resources for the rights of the child - Responsibility of States”,
Recommendations, p. 11.
CRC, general comment No. 1 (2001), paras. 10 and 11.
CRC, general comment No. 11 (2009), para. 60; general comment No. 9 (2006), para. 62.
CERD, general recommendation No. 27 (2000); general recommendation No. 29 (2002).
CERD, general recommendation No. 30 (2004).
CEDAW, general recommendation No. 25 (2004).
Ibid., para. 18.
CEDAW, general recommendation No. 28 (2010).
9
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