Chapter 2 | Page 76
economic accessibility), acceptability, and adaptability,154 which should guide
State policy in ensuring the right to education.
The State also has an obligation to make higher education equally accessible
to all, to work towards progressive introduction of free education, and to
encourage fundamental education for those who have not received or
completed primary education.155 The continued development of a system of
schools at all levels, adequate fellowship systems and continuous
improvement of the material conditions of teaching staff are also to be
undertaken by the State. The State is also obliged to respect the liberty of
parents and legal guardians to choose their children’s schools, either public or
private, which conform to the educational standards as approved by the
State.156
States have an obligation to recognise the right of everyone to take part in
cultural life, to enjoy the benefits of scientific progress and its application, and
to benefit from intellectual property protection.157 Article 15(2) details the
nature of this obligation, with particular emphasis on steps aimed at the
conservation, development and diffusion of science and culture.158 The full
realisation of cultural rights also obliges governments to adopt steps
necessary for the ‘conservation, development and dissemination of science
and culture’159 and other steps to ensure the freedom to enjoy these rights.
The right to benefit from the protection of the moral and material interests
resulting from one’s scientific, literary and artistic productions should be seen
154
Committee on Economic, Social and Cultural Rights, General Comment No 13: The Right
to Education (article 13 of the Covenant), 21st sess, UN Doc E/C.12/1999/10 (8 December
1999), [6].
155
ICESCR, above n 33, art 13(2c).
156
Ibid., art 13(3).
157
Ibid., art 15.
158
The right of everyone to take part in cultural life is also recognized in article 27 of UDHR,
which states that ‘everyone has the right freely to participate in the cultural life of the
community’.
159
Committee on Economic, Social and Cultural Rights, General Comment No 21: Right of
Everyone to Take Part in Cultural Life (Art. 15, Para. 1 (a), of the International Covenant
on Economic, Social and Cultural Rights), 43rd sess, UN Doc E/C.12/GC/21 (21 December
2009), [46] [47].
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