E/C.12/1999/10
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take into account the culture, needs and opportunities of the community” (art. 5). “[B]asic
learning needs” are defined in article 1 of the World Declaration.4 While primary education is
not synonymous with basic education, there is a close correspondence between the two. In this
regard, the Committee endorses the position taken by UNICEF: “Primary education is the most
important component of basic education.”5
10.
As formulated in article 13 (2) (a), primary education has two distinctive features: it is
“compulsory” and “available free to all”. For the Committee's observations on both terms, see
paragraphs 6 and 7 of General Comment 11 on article 14 of the Covenant.
Article 13 (2) (b): The right to secondary education
11.
Secondary education includes the elements of availability, accessibility, acceptability and
adaptability which are common to education in all its forms and at all levels.6
12.
While the content of secondary education will vary among States parties and over time, it
includes completion of basic education and consolidation of the foundations for life-long
learning and human development. It prepares students for vocational and higher educational
opportunities.7 Article 13 (2) (b) applies to secondary education “in its different forms”, thereby
recognizing that secondary education demands flexible curricula and varied delivery systems to
respond to the needs of students in different social and cultural settings. The Committee
encourages “alternative” educational programmes which parallel regular secondary school
systems.
13.
According to article 13 (2) (b), secondary education “shall be made generally available
and accessible to all by every appropriate means, and in particular by the progressive
introduction of free education”. The phrase “generally available” signifies, firstly, that
secondary education is not dependent on a student's apparent capacity or ability and, secondly,
that secondary education will be distributed throughout the State in such a way that it is available
on the same basis to all. For the Committee's interpretation of “accessible”, see paragraph 6
above. The phrase “every appropriate means” reinforces the point that States parties should
adopt varied and innovative approaches to the delivery of secondary education in different social
and cultural contexts.
14.
“[P]rogressive introduction of free education” means that while States must prioritize the
provision of free primary education, they also have an obligation to take concrete steps towards
achieving free secondary and higher education. For the Committee’s general observations on the
meaning of the word “free”, see paragraph 7 of General Comment 11 on article 14.
Technical and vocational education
15.
Technical and vocational education (TVE) forms part of both the right to education and
the right to work (art. 6 (2)). Article 13 (2) (b) presents TVE as part of secondary education,
reflecting the particular importance of TVE at this level of education. Article 6 (2), however,
does not refer to TVE in relation to a specific level of education; it comprehends that TVE has a
wider role, helping “to achieve steady economic, social and cultural development and full and
productive employment”. Also, the Universal Declaration of Human Rights states that