Right to Education in India
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The right to education has been recognised as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognises a right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. In 2021, 171 states were parties to the Covenant. In 2019, an estimated 260 million children worldwide did not have access to school education, and social inequality was a major cause. The Human Rights Measurement Initiative measures the right to education for countries around the world, based on their level of income.
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Right to Education in India - Dr. Harish Kumar
Dr. Harish Kumar
Picture 2image3.pngWKRISHIND
PUBLISHERS
image13.pngwkrishind.in
Right to Education in India
Dr. Harish Kumar
WKRISHIND PUBLISHERS
wkrishind.in
Edition: I
ISBN: 978-93-94967-74-8
© Author & Publisher
All rights reserved
No part of this book can be reproduced or utilised in any form or by any means, electronic or mechanical including photocopying, recording, or by any information storage retrieval system, without permission in writing from the author in advance.
Dr. Harish Kumar
Introduction
image13.pngThe right to education has been recognised as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognises a right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. In 2021, 171 states were parties to the Covenant. In 2019, an estimated 260 million children worldwide did not have access to school education, and social inequality was a major cause. The Human Rights Measurement Initiativemeasures the right to education for countries around the world, based on their level of income.
International legal basis
image13.pngThe right to education is reflected in article 26 of the Universal Declaration of Human Rights, which 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 the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. Parents have a prior right to choose the kind of education that shall be given to their children.
The right to education has been reaffirmed in the 1960 UNESCO Convention against Discrimination in Education, the 1966 International Covenant on Economic, Social and Cultural Rights, the 1981 Convention on the Elimination of All Forms of Discrimination Against Women,the 1989 Convention on the Rights of the Child,and the 2006 Convention on the Rights of Persons with Disabilities.
In Africa, both the 1981 African Charter on Human and Peoples' Rightsand the 1990 African Charter on the Rights and Welfare of the Child recognise the right to education.
In [Europe], Article 2 of the first Protocol of 20 March 1952 to the European Convention on Human Rights states that the right to education is recognised as a human right