15 July 2025

On 24 June 2025, on the occasion of the 59th session of the UN Human Rights Council (HRC), where the UN Special Rapporteur on the Right to Education presented her report, and building on the 2025 HRC Annual Day Meeting on the Rights of the Child on the theme of early childhood development, the Right to Education Initiative (RTE), together with UNESCO, UNICEF and the Office of the UN Special Rapporteur on the right to education, co-organised in Geneva a side-event to present and discuss tools and guidance for the implementation of the right to Early Childhood Care and Education (ECCE).  

The sided event was co-sponsored by the Permanent Delegations of Colombia, France, Portugal, Sierra Leone, EU, Luxembourg and Uruguay. 

Its aims were plural : 

  • to stress the importance of implementing the right to ECCE. 

  • to explore the role of guiding principles and soft law instruments in supporting this implementation. 

  • to present some concrete tools and initiatives developed to monitor and operationalize the right to ECCE within several countries, since these efforts are key to turning commitment into action. 

You can watch the recording of the event here and read speakers’ key points below.
 

Recalling that ECCE is a fundamental right

Dragana Korljan, Head of Unit, Special Procedures Branch, OHCHR, moderated the event. She opened it by underscoring a shared commitment : ‘ensuring that every young child, no matter where they are born, can enjoy their right to quality early childhood care and education.’

Furthermore, she emphasized that early childhood is the most crucial stage in a person’s development, shaping their physical and cognitive capacities but also social and emotional well-being. Therefore, access to quality ECCE during these formative years is not only essential for a child’s survival - it also sets the foundations for lifelong learning, health and development. 

Then, Korljan recalled that ECCE extends its benefits beyond the individual, serving as a cornerstone to strengthen the education system, reduce inequalities, advance human rights and gender equality and drive economic growth. This means that it is both a fundamental right and a strategic investment in a more equitable and sustainable future. 

In parallel, while recognition of the right to ECCE continues to grow internationally, significant disparities remain - particularly in terms of access and quality. In other words, the most marginalized children are still the ones often left behind. 

In response to these challenges, she highlighted that new Guiding Principles on the Right to ECCE are being developed. These aim to consolidate and clarify States’ legal obligations and support effective implementation. Complementary tools and initiatives are also underway to support effective national implementation and monitoring of this fundamental right.
 

Opening remarks: the Portugal’s perspective 

H. E. Mr. João António Mira Gomes, Ambassador, Permanent Representative of Portugal to the United Nations Office at Geneva (UNOG) delivered opening remarks. 

He reaffirmed Portugal's strong commitment to the right to ECCE, recognizing it as a foundational pillar of human development, social equity, and lifelong learning. Referring to the international and European legal framework as well as SDG 4, he stressed that ‘Portugal has made significant strides in ensuring that all children have access to quality, inclusive, and equitable early childhood services’.

Indicating that ‘Portugal defends the universal nature of the right to education, which includes all levels of education’, he highlighted several national policies implemented to reinforce ECCE rights: the expansion of free preschool education for children aged 3 to 6 with the goal of universal coverage, the development of quality standards and age-appropriate curricula, the prioritization of continuous professional development for educators, and the provision of integrated services that combine education, health, and social support. He stressed, however, that ‘despite those advances, challenges remain, such as regional disparities in access and quality of ECCE services and the need for greater investment in training and resources.’

He noted that ‘major efforts are needed in enhancing collaboration between different sectors (education, health and social services), increasing public awareness of ECCE rights, and ensuring sustained funding and policy support to address existing gaps.’

He concluded by calling on the international community to uphold the Guiding Principles on the right to ECCE and to integrate early childhood investment into national education plans, highlighting that: ‘it is through investing in the earliest years that we build peaceful, resilient, and just societies.’
 

The importance of guiding principles and other soft law instruments in the implementation of the right to ECCE

Farida Shaheed, UN Special Rapporteur on the right to education, focused on the importance of guiding principles and other soft law instruments in the implementation of the right to ECCE, stressing that Guiding principles, although non-binding, can bring the development of international human rights law (and its implementation) forward for the benefit of all. 

While emphasizing that ECCE brings substantial developmental, educational, cultural and economic benefits to children, families and society at large, she stressed that it is too often treated as optional or charitable, rather than what it truly is: ‘a precursor for successful realization of the human right to education, grounded in international law.’

She flagged that in many countries, ECCE remains privatized, limiting access and deepening inequality, affirming that States must reverse this trend by progressively establishing free, public, right-based ECCE.

She noted that while the right to education in general is protected under treaties such as the Convention on the Right of the Child and International Covenant on Economic, Social and Cultural Rights, its implementation at the ECCE level is undermined by legal fragmentation and weak normative expression. She stressed that ‘regardless of explicit recognition of ECCE as a human right in international law, there is enough evidence for states to commit to its implementation as a precondition of full realization of the right to education by all.’ 

She expressed her support for the development of Guiding Principles on ECCE rights: to consolidate, clarify and strengthen existing obligations and bridge the gap between political commitments (like SDG 4.2) and binding legal duties. She recalled that these principles are part of a longstanding tradition of human rights standard-setting through soft law instruments, referring for instance to the Limburg Principles (1987), the Maastricht Guidelines (1997) and the Abidjan Principles (2019). She noted that these examples show that soft law can close protection gaps, influence jurisprudence, reshape funding and programming, and eventually solidify into binding norms.

She concluded stating: ‘the right to education starts at birth. We can no longer afford to leave this crucial stage unprotected or underfunded.’ Adding that we have to move forward ‘to transform ECCE from a privilege into a right for all children.’

Referring to her 2022 report, she called on States to:

  • Define and enshrine a right to ECCE from birth to primary school in law, through an inclusive process involving all stakeholders;

  • Invest adequate public resources in the public provision of ECCE;

  • Ensure ECCE personnel are trained in child rights-based approaches. 

  • Support families, especially in the first three years of a child’s life, and foster a cross-sectoral approach to ECCE, based on collaboration between all responsible ministries and agencies (education, health, employment, social services, child protection).
     

Enhancing holistic approaches and practices to advance the right to ECCE at country level

Rolla Moumné, Programme specialist and lead, Right to education, UNESCO, discussed UNESCO’s position on ECCE and informed about the development of a new tool they are now piloting. 

She started by reassessing ECCE as a fundamental right that underpins the realization of all other rights. Referring to the Global Partnership Strategy for Early Childhood, she recalled that ECCE rights and services are essential for children’s holistic development and a key driver of educational success and social equity. Adding that ‘appropriate legal frameworks and sound policies are essential to guaranteeing this right.’ She highlighted the increased recognition of the right to ECCE over the past decade, notably with the adoption of SDG 4.2 and the Tashkent Declaration. While referring to the UNESCO Report, Building and Strengthening the Legal Framework on ECCE Rights, she shared figures showing a stark gap between global commitments and national implementation.

To bridge this gap, UNESCO participated in the development of Guiding Principles on the Right to ECCE and is now piloting an Analytical Framework to help countries assess how well they are implementing the right to ECCE in line with international standards. Its methodology combines desk-based legal and policy analysis with direct engagement from national intersectoral teams - composed of government representatives, parliamentarians, ECCE professionals, and civil society. Its primary objective is to identify legal, policy, and implementation gaps, and to generate actionable recommendations for national reform. This tool aims to translate rights into practice.

She concluded by stating: ‘by aligning global standards with local action, we aim to support countries in making ECCE not just a promise, but a lived reality for every child.’ Adding: ‘we need to be bold in our commitments, rigorous in our assessments, and unwavering in our belief that the right to ECCE is not optional.’
 

From Commitment to Compliance: Realizing the Right to ECCE

Aleksandra Jovic, Early Childhood Development Specialist, UNICEF Regional Office for Europe and Central Asia presented key facts, priorities and ways forward.

She started by stressing the importance to reiterate the right to ECCE as a basic right - not a policy option or privilege, but an obligation, grounded in the Convention on the Rights of the Child, reinforced by SDG 4.2

Highlighting key facts, she recalled that the first 1.000 days are scientifically proven to be critical for brain development, and the realisation of children’s development potential, thereby offering one of the highest returns on investment. Yet, ECCE remains unequal and underfunded: 250 million children under five within low- and middle-income countries are at risk of not meeting foundational developmental milestones and enrolment in pre-primary education attains only 35% in low-income countries, versus 89% in high-income ones. Global investment remains well below recommended levels. 

Aleksandra Jovic listed three structural imperatives we must address for realizing ECCE as a right : (1) To embed a rights-based, equity-focused approach in ECCE national policies and legal frameworks, with special attention to marginalized children. (2) To advance governance stewardship of ECCE, through policy development, regulation, capacity building and holistic approach; (3) To secure sustained and equitable financing, with at least 10% of education budgets allocated to pre-primary.

Looking forward, she calls for action in four areas : (1) to prioritize the most excluded children ; (2) to invest in a qualified, well-supported workforce ; (3) to strengthen family and caregiver support systems ; (4) to improve data for decision-making and accountability. 

She concluded by stating that ‘Realizing the right to ECCE is one of the most cost-effective, transformative actions we can take to advance equity, gender equality, inclusive development, and peace.’
 

A new guide to monitor ECCE from a human rights perspective

Delphine Dorsi, RTE Initiative’s Director, presented RTE’s new guide to monitor ECCE from a human rights perspective, published in English in April 2025. She flagged that the French version will be soon available.

She informed that the guide includes human rights indicators and references to the international human rights law, which can help the implementation of the right to ECCE by identifying gaps and issues. Primarily designed for civil society organisations, it is also useful for academics, governments, intergovernmental organisations and donor agencies. 

She showed an example of an indicator, indicating that the specific indicators for monitoring ECCE are grouped under different topics: access, quality, financing, governance, engagement with parents and caregivers, as well as privatisation.

She invited participants to also explore RTE’s online monitoring tool and indicators selection tool.
 

The implementation of the right to ECCE in emergency contexts: the Colombia’s perspective

H.E. Ms. Laura Guilhem, Permanent Representative of Colombia to UNESCO focused on the importance of ECCE in emergency contexts (video statement).

She started by stating that the right to education is one of Colombia’s top priorities, with the Government committed to ensure inclusive, equality and quality education for all, recognizing it as a cornerstone of human dignity and sustainable development. She indicated that they place strong emphasis on ECCE and believed that ‘investing in the early years is essential to building resilient, inclusive societies’.

She recalled the importance of ECCE, which ‘lays the foundations for lifelong learning, social cohesion and economic opportunity especially in contexts of crisis and displacement’. She stressed that while all children need effective support in ECCE, the children at risk or from disadvantaged backgrounds are less likely to receive it.

As co-chair of the group of friends for education in emergencies in UNESCO, she stated that Colombia is committed to mobilising political will and resources to ensure that education is protected and prioritised in all humanitarian responses. ‘With governments, educators, and the global community committed to expanding access and improving quality in early childhood care and education, the stage is set for a future where no child is left behind’, she said.
 

Questions and comments

The representative of the Republic of Moldova asked about the connection between ECCE and the European Child guarantee supported by UNICEF and wondered how the UN liquidity crisis affects the development of such guidance.

The representative of Sierra Leone flagged the Resolution adopted in June 2024 establishing an open-ended intergovernmental working group with the mandate of exploring the possibility of, elaborating and submitting to the Human Rights Council a draft optional protocol to the Convention on the Rights of the Child on the rights to early childhood education, free pre-primary education and free secondary education. He stressed that both initiatives are complementary for the implementation of ECCE, and invited States to take part in the conversation in September.
 

Concluding remarks

In their concluding remarks, speakers highlighted the importance of collaborations and stronger commitments - to be translated into actions - to advance the realisation of ECCE. 

‘We know what needs to be done, now we need to do it’, said Ms. Jovic.

‘As long as we are moving forward, we are doing ok’ said Ms. Shaheed, stressing the impotence of ‘accountability’.

‘We need stronger commitment from everybody: from our governments, from the private sector, from the social sector. More commitment from countries, not only to create the legal basis but also to integrate this into their national education plans. We also need stronger commitment to help countries with less resources to implement ECCE’, said H. E. Mr. João António Mira Gomes. He concluded by calling ‘to act with urgency and unity’.


You can watch the recording of the event here.