LAW RESEARCH PROJECT

International Laws related to the Right to Education



International Laws related to the Right to Education

Introduction

The importance of international law in relation to the right to education has been featured prominently in international instruments, regional human rights instruments and perhaps under customary law which nations follow out of a sense of legal obligation. As a result, such importance has, until after World War II, been universalised. History has shown the world that in order for States Parties to amplify every human person's entitlement to all the rights and freedoms set forth in this Declaration, without distinction of any kind, there may be a complimentary circumstance that generates for the States Parties to recognize the right of everyone to education, which should provide that the compulsory primary education shall be available free to all.

For the purpose of this study, although many United Nations agencies have, over time, been widely accepted as the fundamental bodies adopted at the international and regional levels reflecting the particular concern on educational issues and providing for specific mechanisms of protection, this chapter will focus on the, since 1946, United Nations and UNESCO liaised closely in educational matters, including the human rights education of young and how to reduce discrimination , of any form, in education. It will aim to clarify, with obvious target, the complaints about Ghanaian national policy on child rights and the extent of that on the right to primary education while critically evaluating its effectiveness with reference to United Nations Convention.

Other context can be viewed under conventional and customary law, which is to be sourced from the regional instruments such as the Article 2 of First Protocol to the European Convention adopted by the Council of Europe on 20 March 1952, some topical issues which consider the right to education in African Charters, relevant American Charters and Arab Convention. International Legal Status on the Right to Education

Fundamentally, the right to education has been conceived in area of human rights and specifically recognized in affirmative by major international human rights instruments such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights ( popularly to be called ICESCR) of 1966, and the United Nations on Educational, Scientific and Cultural Organisation ( known as ''U.N.E.S.C.O.'') and the Convention on the Rights of the Child (i.e. C.R.C.) of 1989.

Generally, because the Charter of the United Nations, which was entered into force on 24 October 1945 was adopted internationally and in principle to guide all Member States to promote ''international cultural and educational co-operation,'' it provides that education is as though a precondition for exercise of human rights. Article 26 of the Universal Declaration states:

Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

Education shall be directed to the full development of ...