E/C.12/1999/10
page 6
the lack of reference in article 13 (2) (c) to technical and vocational education, given article 6 (2)
of the Covenant and article 26 (1) of the Universal Declaration, TVE forms an integral
component of all levels of education, including higher education.11
19.
The third and most significant difference between article 13 (2) (b) and (c) is that while
secondary education “shall be made generally available and accessible to all”, higher
education “shall be made equally accessible to all, on the basis of capacity”. According to
article 13 (2) (c), higher education is not to be “generally available”, but only available “on the
basis of capacity”. The “capacity” of individuals should be assessed by reference to all their
relevant expertise and experience.
20.
So far as the wording of article 13 (2) (b) and (c) is the same (e.g. “the progressive
introduction of free education”), see the previous comments on article 13 (2) (b).
Article 13 (2) (d): The right to fundamental education
21.
Fundamental education includes the elements of availability, accessibility, acceptability
and adaptability which are common to education in all its forms and at all levels.12
22.
In general terms, fundamental education corresponds to basic education as set out in the
World Declaration on Education For All.13 By virtue of article 13 (2) (d), individuals “who have
not received or completed the whole period of their primary education” have a right to
fundamental education, or basic education as defined in the World Declaration on Education For
All.
23.
Since everyone has the right to the satisfaction of their “basic learning needs” as
understood by the World Declaration, the right to fundamental education is not confined to those
“who have not received or completed the whole period of their primary education”. The right to
fundamental education extends to all those who have not yet satisfied their “basic learning
needs”.
24.
It should be emphasized that enjoyment of the right to fundamental education is not
limited by age or gender; it extends to children, youth and adults, including older persons.
Fundamental education, therefore, is an integral component of adult education and life-long
learning. Because fundamental education is a right of all age groups, curricula and delivery
systems must be devised which are suitable for students of all ages.
Article 13 (2) (e): A school system; adequate fellowship system; material conditions of
teaching staff
25.
The requirement that the “development of a system of schools at all levels shall be
actively pursued” means that a State party is obliged to have an overall developmental strategy
for its school system. The strategy must encompass schooling at all levels, but the Covenant
requires States parties to prioritize primary education (see para. 51). “[A]ctively pursued”
suggests that the overall strategy should attract a degree of governmental priority and, in any
event, must be implemented with vigour.