Charter. For the most part, they are also found in article 26 (2) of the Universal
Declaration of Human Rights, although article 13 (1) adds to the Declaration in three
respects: education shall be directed to the human personality’s “sense of dignity”, it
shall “enable all persons to participate effectively in a free society”, and it shall
promote understanding among all “ethnic” groups, as well as nations and racial and
religious groups. Of those educational objectives which are common to article 26 (2)
of the Universal Declaration of Human Rights and article 13 (1) of the Covenant,
perhaps the most fundamental is that “education shall be directed to the full
development of the human personality”.
5.
The Committee notes that since the General Assembly adopted the Covenant
in 1966, other international instruments have further elaborated the objectives to
which education should be directed. Accordingly, the Committee takes the view that
States parties are required to ensure that education conforms to the aims and
objectives identified in article 13 (1), as interpreted in the light of the World
Declaration on Education for All (Jomtien, Thailand, 1990) (art. 1), the Convention
on the Rights of the Child (art. 29 (1)), the Vienna Declaration and Programme of
Action (Part I, para. 33 and Part II, para. 80), and the Plan of Action for the
United Nations Decade for Human Rights Education (para. 2). While all these texts
closely correspond to article 13 (1) of the Covenant, they also include elements which
are not expressly provided for in article 13 (1), such as specific references to gender
equality and respect for the environment. These new elements are implicit in, and
reflect a contemporary interpretation of article 13 (1). The Committee obtains support
for this point of view from the widespread endorsement that the previously mentioned
texts have received from all regions of the world. 1
Article 13 (2): The right to receive an education - some general remarks
6.
While the precise and appropriate application of the terms will depend upon
the conditions prevailing in a particular State party, education in all its forms and at
all levels shall exhibit the following interrelated and essential features: 2
1
The World Declaration on Education for All was adopted by 155 governmental delegations; the
Vienna Declaration and Programme of Action was adopted by 171 governmental delegations; the
Convention on the Rights of the Child has been ratified or acceded to by 191 States parties; the Plan of
Action of the United Nations Decade for Human Rights Education was adopted by a consensus
resolution of the General Assembly (49/184).
2
This approach corresponds with the Committee’s analytical framework adopted in relation to the
rights to adequate housing and food, as well as the work of the United Nations Special Rapporteur on
the right to education. In its general comment No. 4, the Committee identified a number of factors
which bear upon the right to adequate housing, including “availability”, “affordability”, “accessibility”
and “cultural adequacy”. In its general comment No. 12, the Committee identified elements of the
right to adequate food, such as “availability”, “acceptability” and “accessibility”. In her preliminary
report to the Commission on Human Rights, the Special Rapporteur on the right to education sets out
“four essential features that primary schools should exhibit, namely availability, accessibility,
acceptability and adaptability”, (E/CN.4/1999/49, para. 50).