E/C.12/1999/10
page 11
48.
In this respect, two features of article 13 require emphasis. First, it is clear that article 13
regards States as having principal responsibility for the direct provision of education in most
circumstances; States parties recognize, for example, that the “development of a system of
schools at all levels shall be actively pursued” (art. 13 (2) (e)). Secondly, given the differential
wording of article 13 (2) in relation to primary, secondary, higher and fundamental education,
the parameters of a State party's obligation to fulfil (provide) are not the same for all levels of
education. Accordingly, in light of the text of the Covenant, States parties have an enhanced
obligation to fulfil (provide) regarding the right to education, but the extent of this obligation is
not uniform for all levels of education. The Committee observes that this interpretation of the
obligation to fulfil (provide) in relation to article 13 coincides with the law and practice of
numerous States parties.
Specific legal obligations
49.
States parties are required to ensure that curricula, for all levels of the educational
system, are directed to the objectives identified in article 13 (1). 23 They are also obliged to
establish and maintain a transparent and effective system which monitors whether or not
education is, in fact, directed to the educational objectives set out in article 13 (1).
50.
In relation to article 13 (2), States have obligations to respect, protect and fulfil each of
the “essential features” (availability, accessibility, acceptability, adaptability) of the right to
education. By way of illustration, a State must respect the availability of education by not
closing private schools; protect the accessibility of education by ensuring that third parties,
including parents and employers, do not stop girls from going to school; fulfil (facilitate) the
acceptability of education by taking positive measures to ensure that education is culturally
appropriate for minorities and indigenous peoples, and of good quality for all; fulfil (provide) the
adaptability of education by designing and providing resources for curricula which reflect the
contemporary needs of students in a changing world; and fulfil (provide) the availability of
education by actively developing a system of schools, including building classrooms, delivering
programmes, providing teaching materials, training teachers and paying them domestically
competitive salaries.
51.
As already observed, the obligations of States parties in relation to primary, secondary,
higher and fundamental education are not identical. Given the wording of article 13 (2), States
parties are obliged to prioritize the introduction of compulsory, free primary education.24 This
interpretation of article 13 (2) is reinforced by the priority accorded to primary education in
article 14. The obligation to provide primary education for all is an immediate duty of all States
parties.
52.
In relation to article 13 (2) (b)-(d), a State party has an immediate obligation “to take
steps” (art. 2 (1)) towards the realization of secondary, higher and fundamental education for all
those within its jurisdiction. At a minimum, the State party is required to adopt and implement a
national educational strategy which includes the provision of secondary, higher and fundamental
education in accordance with the Covenant. This strategy should include mechanisms, such as
indicators and benchmarks on the right to education, by which progress can be closely
monitored.