314. Article 11(1) of the Children’s Charter provides, “every child has the right to
education.” Whereas Article 11(3) stipulates:
States Parties to the present Charter shall take all appropriate measures with
a view to achieving the full realization of this right and shall in particular:
a) Provide free and compulsory basic education;
b) Encourage the development of secondary education in its different
forms and to progressively make it free and accessible to all;
c) Make the higher education accessible to all on the basis of capacity
and ability by every appropriate means; take measures to encourage
regular attendance at schools and the reduction of drop-out rate;
d) Take special measures in respect of female, gifted and disadvantaged
children, to ensure equal access to education for all sections of the
community;
e) Take special measures to ensure that gifted and disadvantaged female
children have equal access to education in all social strata.
315. The Court notes the substance of General Comment No. 13 (1999) of the
United Nations Committee on Economic, Social and Cultural Rights on
Article 13 – the right to education, that education in all its forms shall be:
available, accessible, acceptable and adaptable.88
316. Accessibility requires that the education be obtainable by everyone without
discrimination and it also means that the education should be physically and
economically attainable. Availability requires “functioning educational
institutions and programmes have to be available in sufficient quantity within
the jurisdiction of the State party.”89 Acceptability relates to “…form and
substance of education, including curricula and teaching methods, have to
be acceptable (e.g. relevant, culturally appropriate and of good quality) to
students…”.90 Adaptability means “education has to be flexible so it can
adapt to the needs of changing societies and communities and respond to
the needs of students within their diverse social and cultural settings.”
88
General Comment No. 13 of the United Nations Committee on Economic, Social and Cultural Rights
on Article 13 – the right to education, E/C.12/1999/10, 8 December 1999.
89 Ibid.
90 Ibid.
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