E/C.12/1999/10
page 12
53.
Under article 13 (2) (e), States parties are obliged to ensure that an educational fellowship
system is in place to assist disadvantaged groups.25 The obligation to pursue actively the
“development of a system of schools at all levels” reinforces the principal responsibility of
States parties to ensure the direct provision of the right to education in most circumstances.26
54.
States parties are obliged to establish “minimum educational standards” to which all
educational institutions established in accordance with article 13 (3) and (4) are required to
conform. They must also maintain a transparent and effective system to monitor such standards.
A State party has no obligation to fund institutions established in accordance with article 13 (3)
and (4); however, if a State elects to make a financial contribution to private educational
institutions, it must do so without discrimination on any of the prohibited grounds.
55.
States parties have an obligation to ensure that communities and families are not
dependent on child labour. The Committee especially affirms the importance of education in
eliminating child labour and the obligations set out in article 7 (2) of the Worst Forms of Child
Labour Convention, 1999 (Convention No. 182).27 Additionally, given article 2 (2), States
parties are obliged to remove gender and other stereotyping which impedes the educational
access of girls, women and other disadvantaged groups.
56.
In its General Comment 3, the Committee drew attention to the obligation of all States
parties to take steps, “individually and through international assistance and cooperation,
especially economic and technical”, towards the full realization of the rights recognized in the
Covenant, such as the right to education.28 Articles 2 (1) and 23 of the Covenant, Article 56 of
the Charter of the United Nations, article 10 of the World Declaration on Education for All, and
Part I, paragraph 34 of the Vienna Declaration and Programme of Action all reinforce the
obligation of States parties in relation to the provision of international assistance and cooperation
for the full realization of the right to education. In relation to the negotiation and ratification of
international agreements, States parties should take steps to ensure that these instruments do not
adversely impact upon the right to education. Similarly, States parties have an obligation to
ensure that their actions as members of international organizations, including international
financial institutions, take due account of the right to education.
57.
In its General Comment 3, the Committee confirmed that States parties have “a minimum
core obligation to ensure the satisfaction of, at the very least, minimum essential levels” of each
of the rights enunciated in the Covenant, including “the most basic forms of education”. In the
context of article 13, this core includes an obligation: to ensure the right of access to public
educational institutions and programmes on a non-discriminatory basis; to ensure that education
conforms to the objectives set out in article 13 (1); to provide primary education for all in
accordance with article 13 (2) (a); to adopt and implement a national educational strategy which
includes provision for secondary, higher and fundamental education; and to ensure free choice of
education without interference from the State or third parties, subject to conformity with
“minimum educational standards” (art. 13 (3) and (4)).
Violations
58.
When the normative content of article 13 (Part I) is applied to the general and specific
obligations of States parties (Part II), a dynamic process is set in motion which facilitates