E/C.12/1999/10
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operate; for example, all institutions and programmes are likely to require buildings or other
protection from the elements, sanitation facilities for both sexes, safe drinking water, trained
teachers receiving domestically competitive salaries, teaching materials, and so on; while some
will also require facilities such as a library, computer facilities and information technology;
(b)
Accessibility - educational institutions and programmes have to be accessible to
everyone, without discrimination, within the jurisdiction of the State party. Accessibility has
three overlapping dimensions:
(i)
Non-discrimination - education must be accessible to all, especially the
most vulnerable groups, in law and fact, without discrimination on any of
the prohibited grounds (see paras. 31-37 on non-discrimination);
(ii)
Physical accessibility - education has to be within safe physical reach,
either by attendance at some reasonably convenient geographic location
(e.g. a neighbourhood school) or via modern technology (e.g. access to a
“distance learning” programme);
(iii)
Economic accessibility - education has to be affordable to all. This
dimension of accessibility is subject to the differential wording of
article 13 (2) in relation to primary, secondary and higher education:
whereas primary education shall be available “free to all”, States parties
are required to progressively introduce free secondary and higher
education;
(c)
Acceptability - the form and substance of education, including curricula and
teaching methods, have to be acceptable (e.g. relevant, culturally appropriate and of good
quality) to students and, in appropriate cases, parents; this is subject to the educational objectives
required by article 13 (1) and such minimum educational standards as may be approved by the
State (see art. 13 (3) and (4));
(d)
Adaptability - education has to be flexible so it can adapt to the needs of changing
societies and communities and respond to the needs of students within their diverse social and
cultural settings.
7.
When considering the appropriate application of these “interrelated and essential
features” the best interests of the student shall be a primary consideration.
Article 13 (2) (a): The right to primary education
8.
Primary education includes the elements of availability, accessibility, acceptability and
adaptability which are common to education in all its forms and at all levels.3
9.
The Committee obtains guidance on the proper interpretation of the term “primary
education” from the World Declaration on Education for All which states: “The main delivery
system for the basic education of children outside the family is primary schooling. Primary
education must be universal, ensure that the basic learning needs of all children are satisfied, and