The right to equality and non-discrimination are core human rights and the basis for ensuring the right to education for all. The international human rights legal framework contains international instruments to combat specific forms of discrimination. The rights to equality and non-discrimination of various marginalised groups who experience discrimination on various grounds including race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth, age or other status have to be guaranteed in domestic laws to make equal access to education and making educational institutions barrier-free and inclusive. This indicator measures if the rights of non-discrimination and equality are guaranteed in the national legal framework including by the Constitution and domestic laws.
International Covenant on Civil and Political Rights (ICCPR), Articles 2, 16 and 26; International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 2.2, General Comment No. 20, General Comment No. 13, paras. 31-37; Convention on the Elimination of All Forms of Racial Discrimination (CERD), Articles 1, 2, 4 and 5; Convention on the Rights of the Child (CRC), Article 2; Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Articles 2, 3, 4 and 15; Convention on the Rights of Persons with Disabilities (CRPD), Articles 3, 4, 5 and 12; International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Article 7; UNESCO Convention against Discrimination in Education.
Domestic laws should cover all levels and dimensions of the right to education, including provisions related to free access, quality and non-discrimination.