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essential means of achieving individual empowerment and self-determination.2 Education is also
an important means for the enjoyment, maintenance and respect of indigenous cultures,
languages, traditions and traditional knowledge.3
7.
Important human rights aspects of education include (a) the right of access to quality
education; (b) the practice of human rights in and through education; and (c) education as a right
that facilitates the fulfilment of other rights.
8.
Quality education must recognize the past, be relevant to the present, and have a view to
the future. Quality education needs to reflect the dynamic nature of cultures and languages and
the value of peoples in a way that promotes equality and fosters a sustainable future.4
A. Relevant international human rights instruments
9.
Article 26 of the Universal Declaration of Human Rights states that everyone has the right
to education. This right is reaffirmed, contextualized and further elaborated upon in numerous
other international instruments, including the International Covenant on Economic, Social and
Cultural Rights (arts. 13-14), the International Covenant on Civil and Political Rights
(art. 18 (4)), the Convention on the Rights of the Child (arts. 28-31), the International
Convention on the Elimination of All Forms of Racial Discrimination (art. 5 (e) (v)), the
Convention on the Elimination of All Forms of Discrimination against Women (art. 10), the
International Labour Organization (ILO) Convention concerning Discrimination in Respect of
Employment and Occupation (Convention No. 111, art. 3), the Convention concerning Basic
Aims and Standards of Social Policy (Convention No. 117, arts. 15-16), the Convention against
Discrimination in Education, World Declaration on Education for All (UNESCO, 1990), the
Vienna Declaration and Programme of Action (part I, para. 33, and part II, para. 80), and the
outcome document of the Durban Review Conference (para. 72).5
10. The ILO Convention concerning Indigenous and Tribal Peoples (Convention No. 169,
arts. 26-31), and the United Nations Declaration on the Rights of Indigenous Peoples
(arts. 14-15) contain specific standards concerning the right to education of indigenous peoples.
The right is also recognized as a specific right under several treaties concluded between
indigenous peoples and States.
11. The right to education is also acknowledged in various regional instruments, including
Protocol 1 to the European Convention for the Protection of Human Rights and Fundamental
2
Committee on the Rights of the Child, general comment No. 11 (2009) (CRC/C/GC/11).
3
E/CN.4/2005/88.
4
Cross-National Studies of the Quality of Education: Planning their Design and Managing
their Impact, (ed.) Kenneth N. Ross and IIona Jurgens Genevois, United Nations Educational,
Scientific and Cultural Organization, 2006.
5
Plan of Action for the United Nations Decade for Human Rights Education (1995-2004)
(A/51/506/Add.1).