E/C.12/1999/10
page 7
26.
The requirement that “an adequate fellowship system shall be established” should be read
with the Covenant’s non-discrimination and equality provisions; the fellowship system should
enhance equality of educational access for individuals from disadvantaged groups.
27.
While the Covenant requires that “the material conditions of teaching staff shall be
continuously improved”, in practice the general working conditions of teachers have
deteriorated, and reached unacceptably low levels, in many States parties in recent years. Not
only is this inconsistent with article 13 (2) (e), but it is also a major obstacle to the full
realization of students’ right to education. The Committee also notes the relationship between
articles 13 (2) (e), 2 (2), 3 and 6-8 of the Covenant, including the right of teachers to organize
and bargain collectively; draws the attention of States parties to the joint UNESCO-ILO
Recommendation Concerning the Status of Teachers (1966) and the UNESCO Recommendation
Concerning the Status of Higher-Education Teaching Personnel (1997); and urges States parties
to report on measures they are taking to ensure that all teaching staff enjoy the conditions and
status commensurate with their role.
Article 13 (3) and (4): The right to educational freedom
28.
Article 13 (3) has two elements, one of which is that States parties undertake to respect
the liberty of parents and guardians to ensure the religious and moral education of their children
in conformity with their own convictions.14 The Committee is of the view that this element of
article 13 (3) permits public school instruction in subjects such as the general history of religions
and ethics if it is given in an unbiased and objective way, respectful of the freedoms of opinion,
conscience and expression. It notes that public education that includes instruction in a
particular religion or belief is inconsistent with article 13 (3) unless provision is made for
non-discriminatory exemptions or alternatives that would accommodate the wishes of parents
and guardians.
29.
The second element of article 13 (3) is the liberty of parents and guardians to choose
other than public schools for their children, provided the schools conform to “such minimum
educational standards as may be laid down or approved by the State”. This has to be read with
the complementary provision, article 13 (4), which affirms “the liberty of individuals and bodies
to establish and direct educational institutions”, provided the institutions conform to the
educational objectives set out in article 13 (1) and certain minimum standards. These minimum
standards may relate to issues such as admission, curricula and the recognition of certificates.
In their turn, these standards must be consistent with the educational objectives set out in
article 13 (1).
30.
Under article 13 (4), everyone, including non-nationals, has the liberty to establish and
direct educational institutions. The liberty also extends to “bodies”, i.e. legal persons or entities.
It includes the right to establish and direct all types of educational institutions, including
nurseries, universities and institutions for adult education. Given the principles of
non-discrimination, equal opportunity and effective participation in society for all, the State has
an obligation to ensure that the liberty set out in article 13 (4) does not lead to extreme disparities
of educational opportunity for some groups in society.