CEDAW/C/GC/36
articles and relevant existing GRs to establish the correlation between the right to education
and the enjoyment of other rights enshrined in the convention.
19.
The target users of this GR include: all state officials tasked with the formulation and
implementation of legal and policy decisions pertaining to public and private education at all
levels: academia and researchers; student, teacher and parent associations; parliamentarians,
non-governmental organisations engaged in girls’ and women’s education; traditional and
faith-based organisations; media; and, corporate organisations and trade unions.
E.
Addressing gender based discrimination in education
20.
The CEDAW Convention is the International Bill of Rights for Women and serves as
binding international law for the 189 States that have, as at June 2017, ratified it. Article 10
addresses women’s and girls’ legal right to education and calls on States parties to ‘take all
appropriate measures to eliminate discrimination against women in order to ensure them
equal rights with men in the field of education’. It thereby requires States parties to eliminate
discrimination against women in education throughout the life cycle and at all levels of
education. To meet the criterion of non-discrimination education must be accessible, in both
law and practice, to all girls and women, including those belonging to disadvantaged and
marginalized groups, without discrimination on any prohibited ground.
21.
Article 1 of the CEDAW Convention defines discrimination as ‘any distinction,
exclusion or restriction made on the basis of sex which has the effect or purpose of impairing
or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human rights and fundamental freedoms
in the political, economic, social, cultural, civil or any other field’. States parties, therefore,
are not only required to ensure that education is recognised as a human right but also that
appropriate conditions are created for this right to be fully and freely enjoyed and exercised
by girls and women.
22.
In specifying situations and requirements by which States parties must ensure the
realisation and enjoyment of the right for men and women on an equal basis, Article 2 of the
Convention reaffirms both negative and positive obligations. Its central core is the prohibition
of discrimination. This implies that States parties must refrain from interfering, directly or
indirectly, with girls’ and women’s full enjoyment of their right to education - the obligation
to respect. Similarly, States parties must take positive steps to fulfil - by ensuring rights to,
within and through education for the full development of girls’ and women’ s potential on an
equal basis with men.
23.
The numerical gains that girls and women have made in the field of education, in some
regions of the world, conceal the continuing discrimination they face in spite of the existence
of formal legal and policy frameworks intended to promote de facto equality. The protections
contained in formal equality instruments are effective only if enforced in keeping with
provisions set out in articles 1 and 2 of the Convention.
24.
The Committee recommends that States parties institute the following measures
to respect, protect, and fulfil girls’ and women’s rights to, within and through
education:
a)
enhance compliance with article 10 of the Convention and raise awareness
in society of the importance of education as a fundamental human right and the basis
for the empowerment of women;
b)
integrate age appropriate education on women’s human rights and the
CEDAW Convention in school curricula at all levels;
c)
undertake constitutional amendments and/or other appropriate
legislative action to ensure the protection and enforcement of girls’ and women’s rights,
to, within and through education;
d)
enact legislation that makes provision for the right to education,
throughout the life cycle for all girls and women, including all disadvantaged groups of
women and girls;
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