(a)
Availability. Functioning educational institutions and programmes have to be
available in sufficient quantity within the jurisdiction of the State party. What they
require to function depends upon numerous factors, including the developmental
context within which they operate; for example, all institutions and programmes are
likely to require buildings or other protection from the elements, sanitation facilities
for both sexes, safe drinking water, trained teachers receiving domestically
competitive salaries, teaching materials, and so on; while some will also require
facilities such as a library, computer facilities and information technology;
(b)
Accessibility. Educational institutions and programmes have to be accessible
to everyone, without discrimination, within the jurisdiction of the State party.
Accessibility has three overlapping dimensions:
Non-discrimination - education must be accessible to all, especially the most
vulnerable groups, in law and fact, without discrimination on any of the
prohibited grounds (see paras. 31-37 on non-discrimination);
Physical accessibility - education has to be within safe physical reach, either
by attendance at some reasonably convenient geographic location (e.g. a
neighbourhood school) or via modern technology (e.g. access to a “distance
learning” programme);
Economic accessibility - education has to be affordable to all. This dimension
of accessibility is subject to the differential wording of article 13 (2) in relation
to primary, secondary and higher education: whereas primary education shall
be available “free to all”, States parties are required to progressively introduce
free secondary and higher education;
(c)
Acceptability - the form and substance of education, including curricula and
teaching methods, have to be acceptable (e.g. relevant, culturally appropriate and of
good quality) to students and, in appropriate cases, parents; this is subject to the
educational objectives required by article 13 (1) and such minimum educational
standards as may be approved by the State (see art. 13 (3) and (4));
(d)
Adaptability - education has to be flexible so it can adapt to the needs of
changing societies and communities and respond to the needs of students within their
diverse social and cultural settings.
7.
When considering the appropriate application of these “interrelated and
essential features” the best interests of the student shall be a primary consideration.