47.
The obligation to respect requires States parties to avoid measures that hinder
or prevent the enjoyment of the right to education. The obligation to protect requires
States parties to take measures that prevent third parties from interfering with the
enjoyment of the right to education. The obligation to fulfil (facilitate) requires States
to take positive measures that enable and assist individuals and communities to enjoy
the right to education. Finally, States parties have an obligation to fulfil (provide) the
right to education. As a general rule, States parties are obliged to fulfil (provide) a
specific right in the Covenant when an individual or group is unable, for reasons
beyond their control, to realize the right themselves by the means at their disposal.
However, the extent of this obligation is always subject to the text of the Covenant.
48.
In this respect, two features of article 13 require emphasis. First, it is clear
that article 13 regards States as having principal responsibility for the direct provision
of education in most circumstances; States parties recognize, for example, that the
“development of a system of schools at all levels shall be actively pursued” (art. 13
(2) (e)). Secondly, given the differential wording of article 13 (2) in relation to
primary, secondary, higher and fundamental education, the parameters of a State
party’s obligation to fulfil (provide) are not the same for all levels of education.
Accordingly, in light of the text of the Covenant, States parties have an enhanced
obligation to fulfil (provide) regarding the right to education, but the extent of this
obligation is not uniform for all levels of education. The Committee observes that this
interpretation of the obligation to fulfil (provide) in relation to article 13 coincides
with the law and practice of numerous States parties.
Specific legal obligations
49.
States parties are required to ensure that curricula, for all levels of the
educational system, are directed to the objectives identified in article 13 (1). 23 They
are also obliged to establish and maintain a transparent and effective system which
monitors whether or not education is, in fact, directed to the educational objectives set
out in article 13 (1).
50.
In relation to article 13 (2), States have obligations to respect, protect and fulfil
each of the “essential features” (availability, accessibility, acceptability, adaptability)
of the right to education. By way of illustration, a State must respect the availability
of education by not closing private schools; protect the accessibility of education by
ensuring that third parties, including parents and employers, do not stop girls from
going to school; fulfil (facilitate) the acceptability of education by taking positive
measures to ensure that education is culturally appropriate for minorities and
23
There are numerous resources to assist States parties in this regard, such as UNESCO’s Guidelines
for Curriculum and Textbook Development in International Education (ED/ECS/HCI). One of the
objectives of article 13 (1) is to “strengthen the respect of human rights and fundamental freedoms”; in
this particular context, States parties should examine the initiatives developed within the framework of
the United Nations Decade for Human Rights Education - especially instructive is the Plan of Action
for the Decade, adopted by the General Assembly in 1996, and the Guidelines for National Plans of
Action for Human Rights Education, developed by the Office of the High Commissioner for Human
Rights to assist States in responding to the United Nations Decade for Human Rights Education.