m

The right to education is a human right. A right is something to which you are
entitled, which you can claim. Having a right means that someone else has
an obligation. If someone has the right to free education, then the
government or school cannot require that you pay in order to access
education (except through a broader system of tax collection). Human rights
are universal and inalienable. They are inherent. We are born with them. They
cannot be given or taken away. Human rights are non-discriminatory, and
should not be influenced by sex, ethnicity, nationality, etc. (although special
measures, as long as they are reasonable and justifiable, can be introduced
to ensure everyone has the equal opportunity to enjoy that right). They are
the foundation of freedom, justice and peace, and are the basic standards
without which people cannot live a life of dignity. They are proclaimed in the
Universal Declaration of Human Rights, and have since been reinforced by
many legally binding international covenants and conventions, as well as
national constitutions.
Although human rights are theoretically universal and inherent they can be
denied through violations in practice. People are often unable to enjoy their
human rights because of who they are, and where they live. Discrimination is
rife in every society, limiting, for example, womens ability to participate in
public forums (or household decision-making), or preventing members
of minority groups from receiving appropriate education. Discrimination is an
abuse which prevents people from enjoying their basic human rights, and
thus undermining the very concept of a universal right.

r
 



 


   
Y
 

 Y
 

 Y
Y 
  



Y
 Y
Y YY Y

 


Y
YY
Y
  

Y
 
 
  

 


 
 


 


 



 
















 

 


 

    
 






 


  






 

  
 





 
    
 




     


!

" #


 
$

#"








y using a participatory process this framework of the 4 As can become

a tool to enable people to think through what the right to education
means to them, and compare their current reality to this ideal context.
The 4 As can be summarised as follows - please click on each A to read
more:


 that education is free and government-funded and that
there is adequate infrastructure and trained teachers able to support
education delivery.
  that the system is non- discriminatory and accessible to
all, and that positive steps are taken to include the most marginalised.


 that the content of education is relevant, nondiscriminatory and culturally appropriate, and of quality; that the school
itself is safe and teachers are professional.



 that education can evolve with the changing needs of
society and contribute to challenging inequalities, such as gender
discrimination, and that it can be adapted locally to suit specific
contexts.

j

 





Y
 Y  Y 
 
 Y!YY
 
"Y 
 #$ %&



'()YYY
#$*+,Y
Y
    
 Y
 Y
 Y 
  Y
 Y 


 Y


 
 Y "
Y
Y-

Y 
 
Y

Y


 Y
 Y 
 &Y
. 
  

 

.
,YY
Y





 Y
 Y 


  



Y
Y
Y
 
Y
Y 
 
Y


YY
 
Y
' Y

/
Y 

Y
 
Y



Y


  
 
Y
' 


/
 



 Y Y

 


  Y
' 
YYY 
 
 




Y
 

 
Y


Y




Y
 

 

 Y



Y Y
 




Y
 YY  Y 


Y
 0|



|
  
|
|
|

 
|
Y




Y
   Y 
Y Y

 0|



|

    



 '  YY

Y
 
Y 
 
 Y Y
Y

 
 



Y
   
Y

Y
 Y
 

Y 
Y 

Y


Y
 
Y
 '

 
  

 
 Y
  

Y




 
 
 Y  YY
Y

Y

 
Y

Y
Y 
 
YY
 


u
 
  










Y
 Y  
 
 Y!YY
 "Y 

&!", #$ %
*1
!YY
  Y
Y
20 Y




Y
 
Y
 YY
Y
 

YY

Y
Y

Y
Y
Y
 Y 3
Y
 Y






 
Y   Y
Y



 
   
Y 

Y

Y
Y
'
Y 


Y
 
Y Y


 Y YY 3


Y
 Y 
  
 YY 
 Y
 Y 
   
 
'
 Y
 Y. Y

  Y
.
Y
&'..#$11,. 
  

 Y
 )4)! Y
  Y 
5 &.!5#$6$,Y


. 
 ) 
.
&..#$%$,'
YY 
  Y


Y Y
Y
 7Y 
YYY
  




Y
  
 Y
 Y 


 
5



Y
  Y 

Y

 

Y


Y
 Y

Y
YY 
Y
Y
Y  


Y
Y
Y  Y
 YY
Y 

YY

Y
 
Y
 4/Y  




Y
 Y
Y Y
 Y
 YY
  

 
Y

 


 Y
 YYY

Y
Y



 
 



 

%  
 $

#    
%
 

 
 

 
 
 

 







&

 % 
 


 






 

'

 
 
 

 

 

 

 
  


(








 
  




 
 
 



 

( 










  
 
 







This publication begins with the need to dismantle prevalent misconceptions
because they hinder the advancement of education as a human right. Those
conceptual obstacles which are particularly widespread are tackled, and their
dark sides highlighted. This publication strives to provide food-for-thought
because there are reasons for denying that education is a human right and
these have to be brought into the open and countered effectively.

 
 

 
 

 

 
This publication addresses the cardinal requirement in achieving the right to
quality education for all: ensuring that education is free and compulsory.

   

  


 





This publication summarizes governmental human rights obligations in education,
structured into a simple 4-A scheme making education available, accessible,
acceptable and adaptable.

   
 


  
  



This text is devoted to the orientation, contents and methods of education from
the human rights perspective. It is inspired by the paucity of information on what
happens in schools and universities, which reflects a widespread tendency to
discuss education in quantitative terms only. Making human rights education
meaningful necessitates ensuring that the rights of learners and teachers are
recognized and protected, and yet this is often not the case. This publication
illustrates the scope of existing problems through a selection of real-life problems
from all corners of the world. It sets out to raise questions rather than to offer
answers, simply because questions of such fundamental importance have thus
far evaded scrutiny.

 r
 

 8'!'.) 84)7 85)")9 8. 8). 8

.)'')

Y
 Y

 
 Y
 

:Y. Y 

Y
Y
 


Y  Y

 
Y

 Y
 


Y
YY

Y
 YYY 


 
YY 


 
Y;


Y
 
Y
Y
Y
/




Y

Y
 Y
 



Y
 9-

Y
YY


 
 Y


Y
Y

 Y
 Y Y Y
 Y
 Y Y: 



 Y
Y 

 <Y 

Y
Y


 
 

Y

 Y

Y
 
Y
 =

Y
 

Y  

Y
 
 
Y

/   Y

 
:

Y Y 
Y




 
 
Y
Y
Y-Y -
 Y  

  Y
Y  Y

YY



Y
>
   Y

Y 
 
 
Y
 

  Y
Y
Y
Y

 Y
Y
 



!

 "

rvery child between the ages of 6 to 14 years has the right to free and
compulsory education. This is stated as per the 86th Constitution Amendment
Act added Article 21A. The right to education act seeks to give effect to this
amendment
The government schools shall provide free education to all the children and
the schools will be managed by school management committees (SMC).
Private schools shall admit at least 25% of the children in their schools without
any fee.
The National Commission for rlementary rducation shall be constituted to
monitor all aspects of elementary education including quality.

6



#

 
# !

 


$
Free and compulsory education to all children of India in the six to 14 age
group;
No child shall be held back, expelled, or required to pass a board examination
until
completion of elementary education;
A child above six years of age has not been admitted in any school or though
admitted,
could not complete his or her elementary education, then, he or she shall be
admitted in
a class appropriate to his or her age; Provided that where a child is directly
admitted in a
class appropriate to his or her age, then, he or she shall, in order to be at par
with
others, have a right to receive special training, in such manner, and within such
timelimits,
as may be prescribed: Provided further that a child so admitted to elementary
education shall be entitled to free education till completion of elementary
education even
after fourteen years.

 Proof of age for admission 


  
 



age of a child shall be determined on the basis of the birth certificate issued in
accordance with the provisions of the irths. Deaths and Marriages Registration
Act,
1856 or on the basis of such other document, as may be prescribed. No child
shall be
denied admission in a school for lack of age proof
A child who completes elementary education shall be awarded a certificate;
Calls for a fixed student-teacher ratio;
Will apply to all of India except Jammu and Kashmir;
Provides for 25 percent reservation for economically disadvantaged
communities in
admission to Class One in all private schools;
Mandates improvement in quality of education;
School teachers will need adequate professional degree within five years or
else will lose
job;
School infrastructure (where there is problem) to be improved in three years,
else
recognition cancelled;
Financial burden will be shared between state and central government