This report highlights the right to education in Iraq and different barriers that iraqis and internally displaced persons are facing to access education. It put a particular emphasis on the legacy of ISIL territorial control on access 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 6 of the Committee on the Rights of the Child interprets the Convention on the Rights of the Child as regards the treatment of unaccompanied and separated children outside their country of origin. Paragraphs 41 to 43 and 63 and 90 refers to the right to education.
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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.
This joint general comment 3 and 22 of the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families recalls the importance of protection children in contexte of international migration. Paragraph 18 and 32 refer to the right to education.
This joint general comment 4 and 23 of the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families recalls the State obligations regarding the protection of children in contexte of international migration. Paragraph 59 to 63 refer to the State obligations to ensure the right to education.
The Convention relating to the Status of Refugees guarantees specifically the right to education of refugees in its Article 22.
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.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted by the UN General Assembly in 1966.
Article 13 is the most comprehensive article on the right to education. It recognises the universal right to education without discrimination of any kind and sets forward a framework to achieve the full realisation of this right, including: free compulsory primary education, generally available and accessible secondary education by the progressive introduction of free education, equal access to higher education on the basis if capacity, measures to literacy and quality improvement.
This Article also establishes the liberty of parents to choose the kind of education they want to give to their children and the liberty to establish and direct educational institutions, in conformity with minimum standards laid down by the State.
Article 14 relates to the obligation of the State to adopt a plan of action to secure free compulsory primary education if it is not yet the case.
The Charter of Fundamental Rights of the EU brings together in a single document the fundamental rights protected in the EU. It was proclaimed in 2000 and was entered into force by the Treaty of Lisbon in 2009.
Its provision on the right to education (Article 14) includes the right to equal access to education and vocational training; it protects the right to compulsory education and the freedom to found educational establishments. The EU Charter also protects children’s rights; Article 32 prohibits child labour and states that the minimum age of employment shall be no lower than the age of completion of compulsory education. Furthermore, the EU Charter protects academic freedom (Article 13) and includes a comprehensive non-discrimination clause (Article 21).