education in eliminating child labour and the obligations set out in article 7 (2) of the
Worst Forms of Child Labour Convention, 1999 (Convention No. 182). 27
Additionally, given article 2 (2), States parties are obliged to remove gender and other
stereotyping which impedes the educational access of girls, women and other
disadvantaged groups.
56.
In its general comment No. 3, the Committee drew attention to the obligation
of all States parties to take steps, “individually and through international assistance
and cooperation, especially economic and technical”, towards the full realization of
the rights recognized in the Covenant, such as the right to education. 28 Articles 2 (1)
and 23 of the Covenant, Article 56 of the Charter of the United Nations, article 10 of
the World Declaration on Education for All, and Part I, paragraph 34 of the Vienna
Declaration and Programme of Action all reinforce the obligation of States parties in
relation to the provision of international assistance and cooperation for the full
realization of the right to education. In relation to the negotiation and ratification of
international agreements, States parties should take steps to ensure that these
instruments do not adversely impact upon the right to education. Similarly, States
parties have an obligation to ensure that their actions as members of international
organizations, including international financial institutions, take due account of the
right to education.
57.
In its general comment No. 3, the Committee confirmed that States parties
have “a minimum core obligation to ensure the satisfaction of, at the very least,
minimum essential levels” of each of the rights enunciated in the Covenant, including
“the most basic forms of education”. In the context of article 13, this core includes an
obligation: to ensure the right of access to public educational institutions and
programmes on a non-discriminatory basis; to ensure that education conforms to the
objectives set out in article 13 (1); to provide primary education for all in accordance
with article 13 (2) (a); to adopt and implement a national educational strategy which
includes provision for secondary, higher and fundamental education; and to ensure
free choice of education without interference from the State or third parties, subject to
conformity with “minimum educational standards” (art. 13 (3) and (4)).
Violations
58.
When the normative content of article 13 (Part I) is applied to the general and
specific obligations of States parties (Part II), a dynamic process is set in motion
which facilitates identification of violations of the right to education. Violations of
article 13 may occur through the direct action of States parties (acts of commission) or
through their failure to take steps required by the Covenant (acts of omission).
27
According to article 7 (2), “(e)ach Member shall, taking into account the importance of education in
eliminating child labour, take effective and time-bound measures to: (c) ensure access to free basic
education, and, wherever possible and appropriate, vocational training, for all children removed from
the worst forms of child labour” (ILO Convention 182, Worst Forms of Child Labour, 1999).
28
See the Committee’s general comment No. 3, paragraphs 13-14.