19.
The third and most significant difference between article 13 (2) (b) and (c) is
that while secondary education “shall be made generally available and accessible to
all”, higher education “shall be made equally accessible to all, on the basis of
capacity”. According to article 13 (2) (c), higher education is not to be “generally
available”, but only available “on the basis of capacity”. The “capacity” of
individuals should be assessed by reference to all their relevant expertise and
experience.
20.
So far as the wording of article 13 (2) (b) and (c) is the same (e.g. “the
progressive introduction of free education”), see the previous comments on article 13
(2) (b).
Article 13 (2) (d): The right to fundamental education
21.
Fundamental education includes the elements of availability, accessibility,
acceptability and adaptability which are common to education in all its forms and at
all levels. 12
22.
In general terms, fundamental education corresponds to basic education as set
out in the World Declaration on Education For All. 13 By virtue of article 13 (2) (d),
individuals “who have not received or completed the whole period of their primary
education” have a right to fundamental education, or basic education as defined in the
World Declaration on Education For All.
23.
Since everyone has the right to the satisfaction of their “basic learning needs”
as understood by the World Declaration, the right to fundamental education is not
confined to those “who have not received or completed the whole period of their
primary education”. The right to fundamental education extends to all those who
have not yet satisfied their “basic learning needs”.
24.
It should be emphasized that enjoyment of the right to fundamental education
is not limited by age or gender; it extends to children, youth and adults, including
older persons. Fundamental education, therefore, is an integral component of adult
education and life-long learning. Because fundamental education is a right of all age
groups, curricula and delivery systems must be devised which are suitable for students
of all ages.
Article 13 (2) (e): A school system; adequate fellowship system;
material conditions of teaching staff
25.
The requirement that the “development of a system of schools at all levels
shall be actively pursued” means that a State party is obliged to have an overall
developmental strategy for its school system. The strategy must encompass schooling
at all levels, but the Covenant requires States parties to prioritize primary education
12
See paragraph 6.
13
See paragraph 9.