E/C.12/1999/10
page 2
3.
With a view to assisting States parties’ implementation of the Covenant and the
fulfilment of their reporting obligations, this general comment focuses on the normative content
of article 13 (Part I, paras. 4-42), some of the obligations arising from it (Part II, paras. 43-57),
and some illustrative violations (Part II, paras. 58-59). Part III briefly remarks upon the
obligations of actors other than States parties. The general comment is based upon the
Committee’s experience in examining States parties, reports over many years.
I. NORMATIVE CONTENT OF ARTICLE 13
Article 13 (1): Aims and objectives of education
4.
States parties agree that all education, whether public or private, formal or non-formal,
shall be directed towards the aims and objectives identified in article 13 (1). The Committee
notes that these educational objectives reflect the fundamental purposes and principles of the
United Nations as enshrined in Articles 1 and 2 of the Charter. For the most part, they are also
found in article 26 (2) of the Universal Declaration of Human Rights, although article 13 (1)
adds to the Declaration in three respects: education shall be directed to the human personality’s
“sense of dignity”, it shall “enable all persons to participate effectively in a free society”, and it
shall promote understanding among all “ethnic” groups, as well as nations and racial and
religious groups. Of those educational objectives which are common to article 26 (2) of the
Universal Declaration of Human Rights and article 13 (1) of the Covenant, perhaps the most
fundamental is that “education shall be directed to the full development of the human
personality”.
5.
The Committee notes that since the General Assembly adopted the Covenant in 1966,
other international instruments have further elaborated the objectives to which education should
be directed. Accordingly, the Committee takes the view that States parties are required to ensure
that education conforms to the aims and objectives identified in article 13 (1), as interpreted in
the light of the World Declaration on Education for All (Jomtien, Thailand, 1990) (art. 1), the
Convention on the Rights of the Child (art. 29 (1)), the Vienna Declaration and Programme of
Action (Part I, para. 33 and Part II, para. 80), and the Plan of Action for the United Nations
Decade for Human Rights Education (para. 2). While all these texts closely correspond to
article 13 (1) of the Covenant, they also include elements which are not expressly provided for in
article 13 (1), such as specific references to gender equality and respect for the environment.
These new elements are implicit in, and reflect a contemporary interpretation of article 13 (1).
The Committee obtains support for this point of view from the widespread endorsement that the
previously mentioned texts have received from all regions of the world.1
Article 13 (2): The right to receive an education - some general remarks
6.
While the precise and appropriate application of the terms will depend upon the
conditions prevailing in a particular State party, education in all its forms and at all levels shall
exhibit the following interrelated and essential features:2
(a)
Availability - functioning educational institutions and programmes have to be
available in sufficient quantity within the jurisdiction of the State party. What they require to
function depends upon numerous factors, including the developmental context within which they