Francis M. Deng, the Representative of the UN Secretary-General on Internally Displaced Persons (1992-2004), developped these guidelines in 1998. It is a set of 30 recommendations, which define who Internally Displaced Persons (IDPs) are, outline the large body of existing international law protecting people’s basic rights, and describe the responsibility of states. Although not legally binding, they constitute a comprehensive minimum standard for the treatment of IDPs and are being applied by a growing number of states and institutions.
The International Covenant on Civil and Political Rights (ICCPR) guarantees in its Article 18 the freedom of thought, conscience and religion in teaching and recognises the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions.
The Convention on the Rights of the Child (CRC) applies for children under 18. It recognises education as a legal right to every child on the basis of equal opportunity. Its Article 28 guarantees free compulsory primary education for all; progressive free secondary education that should in any case be available and accessible to all; and accessibility to higher education on the basis of capacity. It states the obligation of the State to take measures regarding school attendance and discipline.
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) establishes an international bill of rights for women. Article 10 guarantees their right to education. It promotes gender equality endowing every woman with equal rights as those of man in the field of education, from pre-school to higher technical education. It refers to access to education, opportunities in career and vocational guidance, scholarships or other study grants, programmes of continuing education (adult learning) and the elimination of illiteracy.
The Kampala Convention is the first international treaty, adopted at regional level (Africa), that protect internally displaced persons. It binds governments to provide legal protection for the rights and well-being of those forced to flee inside their home countries due to conflict, violence, natural disasters, and other human rights abuses. Article 9.2 (b) refers to education.
General Comment 13, adopted by the Committee on Economic, Social and Cultural Rights, provides interpretation and clarification of Article 13 of the International Covenant on Economic, Social and Cultural Rights.
This General Comment 2 of the Committee on Migrants Workers interprets the Convention on the Protection of all Migrant Workers and Members of their Families as regards the rights of migrants workwers in an irregular situation and members of their families. Paragraphs 75 to 79 refer to the right to education.