CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
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3. The International Covenant on Economic, Social and Cultural
Rights 1966
79. Article 13 of the International Covenant on Economic, Social and
Cultural Rights provides:
“1. The States Parties to the present Covenant recognize the right of everyone to
education. They agree that education shall be directed to the full development of the
human personality and the sense of its dignity, and shall strengthen the respect for
human rights and fundamental freedoms. They further agree that education shall
enable all persons to participate effectively in a free society, promote understanding,
tolerance and friendship among all nations and all racial, ethnic or religious groups,
and further the activities of the United Nations for the maintenance of peace.
2. The States Parties to the present Covenant recognize that, with a view to
achieving the full realization of this right:
(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical and vocational
secondary education, shall be made generally available and accessible to all by every
appropriate means, and in particular by the progressive introduction of free education;
(c) Higher education shall be made equally accessible to all, on the basis of capacity,
by every appropriate means, and in particular by the progressive introduction of free
education;
(d) Fundamental education shall be encouraged or intensified as far as possible for
those persons who have not received or completed the whole period of their primary
education;
(e) The development of a system of schools at all levels shall be actively pursued, an
adequate fellowship system shall be established, and the material conditions of
teaching staff shall be continuously improved.
3. The States Parties to the present Covenant undertake to have respect for the
liberty of parents and, when applicable, legal guardians to choose for their children
schools, other than those established by the public authorities, which conform to such
minimum educational standards as may be laid down or approved by the State and to
ensure the religious and moral education of their children in conformity with their
own convictions.
4. No part of this article shall be construed so as to interfere with the liberty of
individuals and bodies to establish and direct educational institutions, subject always
to the observance of the principles set forth in paragraph (1) of this article and to the
requirement that the education given in such institutions shall conform to such
minimum standards as may be laid down by the State.”