Right to Education (Article 17) 68. Article 17.1 of the African Charter states: “Every individual shall have the right to education.” 69. Education is a fundamental right that affects the growth, development and welfare of human beings, particularly children and youth. As a human right, education is the primary vehicle by which economically and socially marginalised children and adults can lift themselves out of poverty and obtain the means to participate fully in their community. It has a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth. 70. The right to education encompasses pre-school, primary, secondary, tertiary, adult education and vocational training. 71. The rights in article 17 impose, amongst others, the following obligations on States parties: Minimum Core Obligations a. To ensure that all children enjoy their right to free and compulsory primary education.xxv No children should be denied this right because of school fees or related costs of education. Special measures may be required to ensure that children belonging to disadvantaged or vulnerable groups receive free primary education.xxvi To achieve this objective states are bound to progressively increase the amount of national resources allocated to education. b. To implement policies to eliminate or reduce the costs of attending primary school which include the provision of stipends, providing free or subsidised uniforms (or lifting of uniform requirements), provision of free textbooks, provision of free or subsidised transportation or free school meals to encourage the attendance of poor children at school. National Plans, Policies and Systems c. To develop a system at all levels that ensures that education is physically and economically accessible to everyone (including the provision of finance, the building of schools and the provision of educational materials), establishing an adequate scholarship and/or fellowship system, ensuring continued education for teachers and instructors including education on human rights, and continuously improving the conditions of service and level of training of teaching staff. d. To ensure that secondary education is made generally available and accessible to all by all appropriate means, and in particular by the progressive introduction of free education. States shall ensure that secondary education is not dependent on a student's apparent capacity or 34

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