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Lecture notes

Human rights law - right to education
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Lecture notes about Right to education focusing on freedom of education, discrimination within education, rights of parents for their childs education and many more. Notes include real life examples and definitions, as well as specific articles within the UDHR.

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  • January 10, 2023
  • 1
  • 2021/2022
  • Lecture notes
  • Poyan
  • All classes

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Right to education 02/06/22

Article 26 subsection 2 UDHR:

- Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understandings, tolerance, and friendship amongst all nations, racial or religious groups and
shall further the activities of the United Nations for the maintenance of peace.

- The key to securing the universality of human rights lies in the right to education.


What is included in education?

- Article 26 UDHR – parents have a prior right to choose the kind of education that shall be
given to their children
- Challenge is to balance the rights of parents with that of their child/children
- ‘Little guidance offered in the instruments’
- Rights of parents are limited
o Compulsory nature of elementary education
o Cannot choose an educational system that contradicts name of human rights.
- Enabling a child to achieve their full potential
- Create tolerance for different views and cultures.

Access to education

- Elementary lvl education = compulsory – article 26(1)
- Availability of secondary and other kinds of education – states should aim to make such
education free
- costs associated with education – fee for school, uniform, books etc
o lack of financial resources = pupil will not learn as well
- provision of free education at elementary level
- discrimination in education – 1960 convention against discrimination in education
- different religions and languages educated differently – article 2
- private institutions are in place – discrimination for people that can’t afford the better
education
-

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