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
Regional instruments:
Relevant jurisprudence
International cases:
Regional cases:
- 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
- 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