The international human right to education and education concerning human rights

International Journal of Children's Rights

Volumn 4, Issue 3, 1996, Pages 237-262

  Hodgson, Douglas ^a  

^a UNIVERSITY OF WESTERN AUSTRALIA   (Australia)

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EID: 27644493543     PISSN: 09275568     EISSN: 15718182     Source Type: Journal    
DOI: 10.1163/157181896X00158     Document Type: Article

References (66)

1. Amadou-Mahtar M'Bow (former Director-General of UNESCO) (1979) "Introduction," in G. Mialaret (ed.) The Child's Right to Education, 9, 14-15. 347 U.S. 483 (1954). Id. 493. M'Bow, op. cit., p. I1.
2. Article 1 (a) of the Recommendation Concerning Education for International Understanding, Co-operation and Peace and Education Relating to Human Rights and Fundamental Freedoms 1974.
3. Article 1 of the Central American Convention on the Unification of the Fundamental Norms of Education of 1962 ("Education is a primary function of the State, which shall offer maximum opportunities for education".) Principle 4 of the Official Statement of Principles adopted by the Conference on the Legal Protection of the Rights of the Child held in Warsaw in 1979 states: "The duty to provide the means of education .. falls in the first place on the State".
4. F. Volio, (1979) "The Child's Right to Education: A Survey," in G. Mialaret, The Child's Right to Education, 19.
5. B. Walsh (1981) "Existence and Meaning of Fundamental Rights in the Field of Education in Ireland", 2 Human Rights Law Journal, 319, 320.
6. Article 42 of the Constitution of Ireland and Article 10 of the Illinois Constitution which grants all persons the right to be "educated to the limits of their capacities".
7. D. Hodgson (1992) "The Historical Development and 'Intemationalisation' of the Children's Rights Movement", 6 Australian Journal of Family Law, 252, 260-1.
8. Vocational Guidance Recommendation (1949); Vocational Training Recommendation (1956); Vocational Training Recommendation (1962).
9. D. Ray and N. Tarrow (1987) Human Rights and Education, 10.
10. M. El Fasi (1968) "The Right to Education and Culture," 9 Journal of the International Commission of Jurists, 33, 34.
11. Entry into force 22 May 1962.
12. H. Cullen (1993) "Education Rights or Minority Rights?", 7 InternationalJournal of Law and the Family, 143, 148.
13. On 10 December 1962 the General Conference of UNESCO adopted the Protocol Institut ing a Conciliation and Good Offices Commission to be Responsible for Seeking a Settlement of any Disputes Which May Arise Between States Parties to the Convention Against Discrimination in Education. The Protocol entered into force on 24 October 1968.
14. Adopted by the United Nations General Assembly on 16 December 1966.
15. Other provisions of the ICESCR relating to education include Article 6(2) ("technical and vocational guidance and training programmes" are mentioned in the context of the right to work);
16. Article 10(1) (the education of dependent children within a family environment); Article 14 (concerning the formulation of a plan of action for the progressive implementation of the principle of free compulsory primary education).
17. 25 Adopted by the United Nations General Assembly on 20 November 1989.
18. Article 23(3) concerning the obligation of States Parties to ensure that the disabled child has effective access to education and training and Article 40(4) concerning the availability of guidance, education and vocational training programmes as alternatives to institutional care in the juvenile justice context.
19. Commission on Human Rights, Technical Review of the Text of the Draft Convention on the Rights of the Child, E/CN.4/1989/WG.l/CRP.1 (1S October 1988) p. 33.
20. The obligation in this respect is also weaker than that imposed by Article 4(a) of the Convention against Discrimination in Education. See Technical Review, op. cit., p. 33
21. Commiision on Human Rights, Report of the Working Group on a Draft Convention on the Rights of the Child, E/CN.4/1989/48 (2 March 1989) p. 82, para. 464 (comments of the Japanese representative).
22. Commiision on Human Rights, Technical Review of the Text of the Draft Convention on the Rights of the Child: Additional Comments and Clarifications by the Secretariat, E/CN.4/1989/WG.I/CRP. ./Add.l (14November 1988) p. 9, para. 35.
23. Report of the Working Group (2 March 1989), op. cit., p. 82, para. 465 (see particularly the comments of the representatives of the United Kingdom and the Netherlands).
24. Article 1((1 of the Convention against Discrimination in Education defines the term 'discrimination' to include inter alia "any distinction .. based on race .."
25. Article 30 of the International Convention on the Protection of the Rights of All Migrant Workers and Their Families (1991) ("Each child of a migrant worker shall have the basic right of access to education on the basis of equality of treatment with nationals of the State concerned".).
26. I. Pogany (1982) "Education: The Rights of Children and Parents Under the European Convention on Human Rights", 132 New Law Journal, 344.
27. Article XXXI of the American Declaration contains the following rather remarkable provision: "It is the duty of every person to acquire at least an elementary education. (emphasis supplied).
28. Article 12(4) of the American Convention does refer, however, to the right of parents to control their children's religious and moral education.
29. Article 6(2) which mentions "vocational guidance, and the development of technical and vocational training projects" in the context of the right to work.
30. Cullen, op. cit., p. 144. vJ. N. Turner (1992) "The Rights of the Child Under the U. N. Convention", 65 Law Institute Journal, 38, 45;
31. I. Snook (1979) Education and Rights, p. 31.
32. Article 26(2) Universal Declaration;
33. Article 5(1)(a) of the Convention against Discrimination in Education;
34. Articles 2 and 12(2)(4) of the Central American Convention; Article 13(1) ICESCR;
35. UNESCO Recommendation Concerning the Status of Teachers 1966 (Principle 1)) Article 13(2) Protocol of San Salvador; Article 29( 1 )(a) Convention on the Rights of the Child.
36. Article XII American Declaration of the Rights and Duties of Man of 1948;
37. Principle 7 of the Declaration of the Rights of the Child of 1959;
38. Article 12( 11 Central American Convention; Article 13(11 ICESCR; Article 29(1 )(d) Convention on the Rights of the Child.
39. Principle 7 Declaration of the Rights of the Child; Article 12(7) Central American Convention; Principle 18(f) Education Recommendation of 1974.
40. Article 4 Central American Convention; Article 29(l)(c) Convention on the Rights of the Child.
41. Article XII American Declaration of the Rights and Duties of Man; Articles 2 and 12(l) Central American Convention.
42. Principle 7 Declaration of the Rights of the Child; Article 12(4) Central American Convention; Principle 5 Education Recommendation of 1974.
43. D. McGoldrick (1991) "The United Nations Convention on the Rights of the Child", 5 International Journal of Law and the Family, 132, 148;
44. S. Poulter (1986) English Law and Ethnic Minority Customs.
45. D. Ray and N. Tarrow (1987) Human Rights and Education, 4.
46. The Conference on Education and Economic and Social Development in the Latin American Countries was held at Santiago, Chile in March, 1962.
47. Section VII of the "Programme of Action" annexed to The Declaration of Principles and Programme of Action of the World Conference on Agrarian Reform and Rural Development adopted by the United Nations Food and Agriculture Organization in 1979.
48. Section VII of the "Programme of Action" annexed to The Declaration of Principles and Programme of Action of the World Conference on Agrarian Reform and Rural Development (referring to "the creation and expansion of training and extension networks for both men and women to develop and improve skills and to increase productivity and income-generating capabilities".)
49. Article 10(e) of the Convention on the Elimination of All Forms of Discrimination Against Women obliges States Parties to ensure to women on a basis of equality with men "[t]he same opportunities for access to programmes of continuing education, including adult and functional literacy programmes .. .
50. For example, Article 8 of the Treaty between the Great Powers and Poland stated: "Polish nationals who belong to racial, religious or linguistic minorities .. shall have an equal right to establish, manage and control at their own expense .. schools and other educational establishments, with the right to use their own language .. therein".
51. See H. Cullen (1993) "Education Rights or Minority Rights?", 7 International Journal of Law and the Family 143 for a discussion of these decisions.
52. Article 27 states: "In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language".
53. Article 30 of the Convention on the Rights of the Child.
54. Principle 17 of the Education Recommendation of 1974.
55. Article 13(4) ICESCR and Article 29(2) Convention on the Rights of the Child.
56. Commission on Human Rights Report of the Working Group on a Draft Convention on the Rights of the Child, E/CN.4/1987/25 (9 March 1987), p. 13, para. 54.
57. B. Crittenden (1989) "The Rights of Children", 5 Melbourne Report, 4,5.
58. Article 18(4) International Covenant on Civil and Political Rights.
59. Principle 7 Declaration of the Rights of the Child of 1959;
60. Article 4 Convention relating to the Status of Refugees of 1951;
61. Article 5( 1 )(2) of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Beliefof 1981.
62. Article 12(4).
63. Article 13(4).
64. Commission on Human Rights, Report of the Working Group on a Draft Convention on the Rights of the Child, E/CN.4/1985/64 (3 April 1985) p. 12, para. 62; p. 15, para. 83.
65. Commission on Human Rights Report of the Working Group on a Draft Convention on the Rights of the Child, E/CN.4/1989/48 (2 March 1989) pp. 86-87, para. 491.
66. Article 28 which begins "States Parties recognize the right of the child to education, and with a view to achieving this right progressively .." During the drafting deliberations, the representative of China, supported by other delegates, pointed out the different levels of economic development of States and their impact on the provision of free education: Commission on Human Rights, Report of the Working Group on a Draft Convention on the Rights of the Child, E/CN.4/1985/64 (3 April 1985) p. 11, para. 58.