indigenous peoples, and of good quality for all; fulfil (provide) the adaptability of
education by designing and providing resources for curricula which reflect the
contemporary needs of students in a changing world; and fulfil (provide) the
availability of education by actively developing a system of schools, including
building classrooms, delivering programmes, providing teaching materials, training
teachers and paying them domestically competitive salaries.
51.
As already observed, the obligations of States parties in relation to primary,
secondary, higher and fundamental education are not identical. Given the wording of
article 13 (2), States parties are obliged to prioritize the introduction of compulsory,
free primary education. 24 This interpretation of article 13 (2) is reinforced by the
priority accorded to primary education in article 14. The obligation to provide
primary education for all is an immediate duty of all States parties.
52.
In relation to article 13 (2) (b)-(d), a State party has an immediate obligation
“to take steps” (art. 2 (1)) towards the realization of secondary, higher and
fundamental education for all those within its jurisdiction. At a minimum, the State
party is required to adopt and implement a national educational strategy which
includes the provision of secondary, higher and fundamental education in accordance
with the Covenant. This strategy should include mechanisms, such as indicators and
benchmarks on the right to education, by which progress can be closely monitored.
53.
Under article 13 (2) (e), States parties are obliged to ensure that an educational
fellowship system is in place to assist disadvantaged groups. 25 The obligation to
pursue actively the “development of a system of schools at all levels” reinforces the
principal responsibility of States parties to ensure the direct provision of the right to
education in most circumstances. 26
54.
States parties are obliged to establish “minimum educational standards” to
which all educational institutions established in accordance with article 13 (3) and (4)
are required to conform. They must also maintain a transparent and effective system
to monitor such standards. A State party has no obligation to fund institutions
established in accordance with article 13 (3) and (4); however, if a State elects to
make a financial contribution to private educational institutions, it must do so without
discrimination on any of the prohibited grounds.
55.
States parties have an obligation to ensure that communities and families are
not dependent on child labour. The Committee especially affirms the importance of
24
On the meaning of “compulsory” and “free”, see paragraphs 6 and 7 of general comment No. 11 on
article 14.
25
In appropriate cases, such a fellowship system would be an especially appropriate target for the
international assistance and cooperation anticipated by article 2 (1).
26
In the context of basic education, UNICEF has observed: “Only the State … can pull together all
the components into a coherent but flexible education system”. UNICEF, The State of the World’s
Children, 1999, “The education revolution”, page 77.