Human Rights Council Resolution A/HRC/35/L.2 on the right to education adopted on 22 June 2017 during the 35th Session.

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General recommendation No. 19 on violence against women, adopted by the Committee at its eleventh session in 1992, states that discrimination against women –as defined in article 1 of the Convention- includes gender-based violence, that is, ‘violence which is directed against a woman because she is a woman or that affects women disproportionately’, and, as such, is a violation of their human rights.

For over 25 years, the practice of States parties has endorsed the Committee’s interpretation. The opinio juris and State practice suggest that the prohibition of gender-based violence against women has evolved into a principle of customary international law. General recommendation No. 19 has been a key catalyst for this process.

The joint general comment elaborates on the nature of State Party obligations that arise from Article 6 (b) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and Article 21 (2) the African Charter on the Rights and Welfare of the Child. It expounds upon the underlying principles of interpretation that serve as a lens through which the relevant provisions of the aforementioned instruments should be understood. It further describes legislative, institutional and other measures that should be taken by States Parties to give effect to the prohibition of child marriage and to protect the rights of those at risk or affected by child marriage.

The scope of the general comment covers children in child marriages, children at risk of child marriage and women who were married before the age of 18. The document gives guidance to governments, csos, igos, child protection clusters, practitioners, individuals and groups in any effort towards the elimination of child marriage and protection of children in this context.

The joint comments includes a section (IV) on state obligations which stipulates that states must adopt institutional measures around education. In particular, it requests states parties  to "put in place measures to retain all children but especially girls in school and to raise awareness about the importance of their education." Policies states must adopt include measures to encourage pregnant girls to keep attending or returning to school. 

 

Key resource

The aim of the present general comment is to clarify the obligations of States parties regarding non-discrimination and equality as enshrined in article 5 of the Convention on the Rights of Persons with Disabilities.

Section K of the general comment refers to the right to education:

  1. The failure of some States parties to provide students with disabilities, including students with visible and invisible disabilities and those who experience multiple discrimination, with equal access to mainstream school with inclusive and quality education is discriminatory, contrary to the objectives of the Convention, and in direct contravention of Articles 5 and 24. Article 5 (1) interacts with Article 24 of the Convention and requires States parties to remove all types of discriminatory barriers, including legal and social barriers, to inclusive education.
  2. Segregated models of education, which exclude students with disabilities from mainstream and inclusive education on the basis of disability, contravene articles 5 (2) and 24 (1) (a) of the Convention. Article 5 (3) requires States parties to take all appropriate steps to ensure that reasonable accommodation is provided. That right is strengthened for persons with disabilities in article 24 (2) (b), which requires States parties to ensure an inclusive education for persons with disabilities on an equal basis with others in the communities in which they live. That goal can be achieved by providing reasonable accommodation of an individual’s requirement, in accordance with article 24 (2) (c), and developing new and inclusive settings according to universal design. Standardized assessment systems, including entry examinations, that directly or indirectly exclude students with disabilities are discriminatory and in contravention of articles 5 and 24. States parties’ obligations extend beyond the school. States parties must ensure accessible school transportation is provided to all students with disabilities where transportation options are limited due to social or economic barriers.
  3. To ensure equality and non-discrimination for deaf children in educational settings, they must be provided with sign language learning environments with deaf peers and deaf adult role models. The lack of proficiency in sign language skills of teachers of deaf children and inaccessible school environments exclude deaf children and are thus considered discriminatory. The Committee calls upon States parties to be guided by its general comment No. 4 (2016) on the right to inclusive education when carrying out measures to fulfil their obligations under articles 5 and 24.

The General Comment is available here.

The aim of the present general comment is to clarify the obligations of States parties regarding non-discrimination and equality as enshrined in article 5 of the Convention on the Rights of Persons with Disabilities.

This document lists the international instruments that refer to the right to rducation of migrants, refugee and internally displaced persons with their relevant provisions.

 

This document lists the international and regional instruments that guarantee the right to education, with their relevant provisions.

 

This document lists the international instruments that refer to the right to education of persons in detention with their relevant provisions.

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This document lists the international instruments that refer to the minimum age of marriage with their relevant provisions.
 

 

This document lists the international instruments that refer to the minimum age of employment with their relevant provisions.

 

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