A/HRC/8/10
page 11
39. Moreover, States have the primary responsibility in law for guaranteeing education, even if
they lack the capacity needed to do so. This is why, since the international community’s legal
undertakings have been conceived to fully meet people’s needs, these undertakings include the
provision of educational cooperation, as provided for in article 28, paragraph 3, of the
Convention on the Rights of the Child.
40. Although States are committed to adopting a human rights perspective on the provision of
education, these commitments have not translated often enough into collective responses to
emergencies.
A. Legal framework
41. The Universal Declaration of Human Rights establishes in article 26 the right to free
compulsory elementary education. Article 13 of the International Covenant on Economic, Social
and Cultural Rights defines the scope of this right more precisely, requiring that education
should be available to all who have not received or completed primary education.
42. The Convention on the Rights of the Child obliges States to ensure, without discrimination
of any kind, access to education for all children living in their territories.21 Article 28 of the
Convention promotes free compulsory primary education, urges States to develop accessible
secondary education and other forms of education and encourages international cooperation in
educational matters. In support of this, the Convention refers to the best interests of the child
(art. 3) and the right to life and to survival and development to the maximum extent possible
(art. 6).
43. The threat to each of these principles becomes more acute in times of emergency, and
particular care and effort are needed to secure them. Special attention must also be paid to the
real aims of education, which are interpreted by the Committee on the Rights of the Child as
transcending mere access to formal schooling and embracing a broad range of life experiences
and learning processes that enable children, individually and collectively, to develop their
personalities, talents and abilities and live a full and satisfying life within society.22
44. Moreover, under article 22 of the Convention, States are obliged to ensure that a child who
is seeking refugee status receives appropriate protection and humanitarian assistance, and enjoys
all the rights set forth in the Convention. This includes the obligation to provide prompt and full
access to education and rapid integration into the regular education system.23
21
Arts. 2 y 28.
22
Observación general Nº1, sobre los propósitos de la educación (CRC/GC/2001/1). Véase
también el artículo 29 de la Convención sobre los Derechos del Niño.
23
Observación general Nº6, sobre el trato de los menores no acompañados y separados de su
familia fuera de su país de origen (CRC/GC/2005/6), párrs. 41 y ss.; también documentos
CRC/C/OPAC/KGZ/CO/1, párr. 16, inciso b); y CRC/C/15/Add.126, párr. 50.
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