In some countries, the key dimensions of the right to education may not be explicitly enumerated in legal provisions, but they can be addressed through policies that are not legally binding. These policies could have been revised and adopted at different periods depending on the changing context. Additionally, some levels of education, such as early childhood care and education, may not be covered in the legislation, but they could be integrated as part of either education policies or separate policies that focus on the 'care' and 'education' of young children. This indicator assesses whether States have adopted policies for the implementation of the right to education.
All treaties that guarantee the right to education. See RTE website, International law page.
See also :
- International Covenant on Economic, Social and Cultural Rights, Article 2.1
- Convention on the Rights of the Child, Article 4
- International Covenant on Civil and Political Rights, Article 2.2
Specific reference about ECCE :
- Joint General Comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 of the Committee on the Rights of the Child, para. 62: ‘State effort should include the provision of early education as well as psycho-social support.’
- General Comment No. 7 of the Committee on the Rights of the Child, para. 2 (g): ‘The objectives of the general comment are to contribute to the realization of rights for all young children through formulation and promotion of comprehensive policies, laws, programmes, practices, professional training and research specifically focused on rights in early childhood.’
- General Comment No. 7 of the Committee on the Rights of the Child, para. 5: ‘A positive agenda for early childhood. The Committee encourages States parties to construct a positive agenda for rights in early childhood. For the exercise of their rights, young children have particular requirements for physical nurturance, emotional care and sensitive guidance, as well as for time and space for social play, exploration and learning. These requirements can best be planned for within a framework of laws, policies and programmes for early childhood, including a plan for implementation and independent monitoring, for example through the appointment of a children’s rights commissioner, and through assessments of the impact of laws and policies on children (see General Comment No. 2 (2002) on the role of independent human rights institutions, para. 19).’
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education, November 2022 recommends States to ‘Enhance policy and legal frameworks to ensure that the right to education includes ECCE. ECCE is key to achieving the right to education for all and to enable the fulfilment of other social rights. Thus, the availability, accessibility, adaptability and acceptability of ECCE services must be reflected in policies and legal frameworks. This includes the right to at least one year of free and compulsory pre-primary quality education for all children.’ (Guiding Principles and Strategies for Transformational ECCE, para. 5.iv).