133. The Court observes that the right claimed by the Applicants is not
guaranteed by Article 17(1) of the Charter, which provides that: “Every
individual shall have the right to education”. Furthermore, Article 13(2)(c) of
the ICESCR, which states that: “Higher education shall be made equally
accessible to all, on the basis of capacity, by every appropriate means, and
in particular by the progressive introduction of free education.”
134. The Court notes that access to higher education, as guaranteed by Article
13(2)(c) of the ICESCR, must be non-discriminatory and based on the
individual ability of every citizen.
135. The Court further notes in this regard that while the Applicants allege
violation of Articles 1 and 2 of the UNESCO Convention against
discrimination in education,38 their claim actually revolves around Article 1
of the said treaty which provides:
For the purposes of this Convention, the term `discrimination’ includes any
distinction, exclusion, limitation, or preference which, being based on race,
colour, sex, language, religion, political or other opinion, national or social
origin, economic condition, or birth, has the purpose or effect of nullifying or
impairing equality of treatment in education and in particular:
(a) of depriving any person or group of persons of access to education
of any type or at any level;
(b) of limiting any person or group of persons to education of an inferior
standard; .
136. In light of the above provisions, the Court notes that the requirement to
obtain prior approval to pursue further studies for one’s qualification to be
recognised does not constitute a discriminatory act within the meaning of
Article 1 of the UNESCO Convention against discrimination in education,
insofar as it is a legal provision applicable to all police officers and there is
nothing to indicate that this provision violates the right to education.
38
The Republic of Mali ratified the UNESCO Convention on 7 December 2007.
30