Education

The right to education is described by the UN Committee on Economic, Social and Cultural Rights as ‘both a human right in itself and an indispensable means of realizing other human rights.’ It is a basic right guaranteed by a variety of international instruments, as set out further below. The right to education should be accorded without distinction and should be accessible for all.

However, despite international obligations to make education readily accessible, minority groups are not always afforded this right. Although they may attend school, classes may be in a language they are unfamiliar with. Curriculums may also exclude information about their history, tradition and language, thus failing to protect their identity. Children facing such problems may be unable to participate fully due to linguistic problems and may face potential expulsion either for lack of participation or failure to attend classes in which they feel unable to contribute. In addition, there may be physical restrictions to education due to a lack of accessibility. Children from minority groups may have to travel large distances to attend school and this can be both time consuming and expensive, and/or the costs of school uniforms and textbooks can be prohibitive. Failure to address these problems also prevents access to education.  The inclusion of minority groups in the decision-making process would allow for education authorities to better understand the needs of these groups and to adjust the curriculum appropriately.

Instruments protecting the right to education

International instruments:

• Article 26, International Covenant on Civil and Political Rights
• Articles 2 and 13, International Covenant on Economic Social and Cultural Rights
• General Comment 13 on the Right to Education, Committee on Economic, Social and Cultural Rights
• Article 29, Convention on the Rights of the Child
• Article 29, General Comment 1 on the Convention on the Rights of the Child, Committee on the Rights of the Child
• Article 5, Convention on the Elimination of All Forms of Racial Discrimination
• Article 10, Convention on the Elimination of All Forms of Discrimination against Women 
• Articles 1, 2 and 4, Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
• Articles 14, 15, 17 and 21, United Nations Declaration on the Rights of Indigenous Peoples
• Articles 1, 2 and 5, UNESCO Convention against Discrimination in Education

• Articles 26 and 29, ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries, No. 169

Regional instruments:

• Articles 17, African Charter on Human and Peoples’ Rights
• Article XII, OAS Declaration of the Rights and Duties of Man
• Article 13, Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador)
• Protocol 1 Article 1, European Convention on Human Rights
• Article 2, Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11

Relevant jurisprudence

International cases:

• Murat Er v Denmark, Committee on the Elimination of Racial Discrimination, 2007
• Skender v the Former Yugoslav Republic of Macedonia, Human Rights Committee, 2001

Regional cases:

• Cyprus v. Turkey, European Court of Human Rights, 2014
• Indigenous Community Xákmok Kásek v. Paraguay (available in Spanish only), Inter-American Court of Human Rights, 2010
• Indigenous Community Yakye Axa v. Paraguay, Inter-American Court of Human Rights, 2005
• Autism-Europe v France, European Committee of Social Rights, 2003

• Coster v United Kingdom, European Court of Human Rights, 2001
• Valsamis v. Greece, European Court of Human Rights, 1996

• Free Legal Assistance Group and Others v Zaire December, African Commission on Human and People’s Rights,1995
• André Simpson v. the United Kingdom, European Commission of Human Rights,1989
• Bilka-Kaufhaus GmbH v Karin Weber von Hartz, European Court of Justice, 1984
• Campbell and Cosans v. United Kingdom, European Court of Human Rights, 1982
• Kjeldsen, Busk Madsen and Pedersen v. Denmark, European Court of Human Rights, 1976

Domestic cases:

• Madzodzo et al v. Minister of Basic Education et al, High Court of South Africa, 2014
• ADPF 186 (Arguição de Descumprimento de Preceito Fundamental n. 186), Brazilian Federal Supreme Court, 2012
• Constitutional Petition No.2 of 2011 (Garissa), Kenyan High Court, 2011
• Head of Department: Mpumalanga Department of Education and Another v. Hoerskool Ermelo and Another, Constitutional Court of South Africa, 2009
• R v Headteachers of Y School, United Kingdom High Court, 2006  
• Ashoka Kumar Thakur v. Union of India and Others, Supreme Court of India, 2006
• American update the Supreme Court and affirmative action, Supreme Court of the USA, 2003
• Gratz v Bollinger, US Supreme Court of the USA, 2003
• Baqi & Ors v. Akram & Ors, Supreme Court of Pakistan, 2002

• R v Secretary of State for Home Department ex parte Mbandaka, Court of Appeal of England and Wales, 1998

• Wittmann v. Deutscher Schulverein, Pretoria and Others, High Court of South Africa, 1998
• Eaton v. Brant County Board of Education, Supreme Court of Canada, 1997
• Motala and Another v University of  Natal, Supreme Court of South Africa, 1995
• R v Lancashire County Council Ex parte F, High Court of the United Kingdom,1995  
• R. v. East Sussex County Council, ex parte T, House of Lords in the United Kingdom, 1994
• Mandla and another v Dowell Lee and another, High Court of the United Kingdom, 1983
• Seide v Gillette Industries Ltd, Employment Appeal Tribunal in the United Kingdom, 1980
• Regents of the University of California v. Bakke, Supreme Court of the United States of America, 1978
• Brown v. Board of Education,  Supreme Court of the United States of America, May 1954

Photo: India’s Sidi community. Credit: Mohan