CESCR General Comment No. 13: The Right to Education (Art. 13)
Adopted at the Twenty-first Session of the Committee on Economic,
Social and Cultural Rights, on 8 December 1999
(Contained in Document E/C.12/1999/10)
1.
Education is both a human right in itself and an indispensable means of
realizing other human rights. As an empowerment right, education is the primary
vehicle by which economically and socially marginalized adults and children can lift
themselves out of poverty and obtain the means to participate fully in their
communities. Education has a vital role in empowering women, safeguarding
children from exploitative and hazardous labour and sexual exploitation, promoting
human rights and democracy, protecting the environment, and controlling population
growth. Increasingly, education is recognized as one of the best financial investments
States can make. But the importance of education is not just practical: a
well-educated, enlightened and active mind, able to wander freely and widely, is one
of the joys and rewards of human existence.
2.
The International Covenant on Economic, Social and Cultural Rights
(ICESCR) devotes two articles to the right to education, articles 13 and 14. Article
13, the longest provision in the Covenant, is the most wide-ranging and
comprehensive article on the right to education in international human rights law.
The Committee has already adopted general comment No. 11 on article 14 (plans of
action for primary education); general comment No. 11 and the present general
comment are complementary and should be considered together. The Committee is
aware that for millions of people throughout the world, the enjoyment of the right to
education remains a distant goal. Moreover, in many cases, this goal is becoming
increasingly remote. The Committee is also conscious of the formidable structural
and other obstacles impeding the full implementation of article 13 in many States
parties.
3.
With a view to assisting States parties’ implementation of the Covenant and
the fulfilment of their reporting obligations, this general comment focuses on the
normative content of article 13 (Part I, paras. 4-42), some of the obligations arising
from it (Part II, paras. 43-57), and some illustrative violations (Part II, paras. 58-59).
Part III briefly remarks upon the obligations of actors other than States parties. The
general comment is based upon the Committee’s experience in examining States
parties’ reports over many years.
1. Normative content of article 13
Article 13 (1): Aims and objectives of education
4.
States parties agree that all education, whether public or private, formal or
non-formal, shall be directed towards the aims and objectives identified in article 13
(1). The Committee notes that these educational objectives reflect the fundamental
purposes and principles of the United Nations as enshrined in Articles 1 and 2 of the