The African Charter on Human and Peoples’ Rights guarantees the right to
education to every individual without distinction. It provides as follows:
Article 17(1)
“Every individual shall have the right to education.”
The right to education is also guaranteed under the Convention on the Rights of
the Child where it provides as follows:
Article 28(1) (a)
“State Parties recognise the right of the child to education
and with a view to achieving this right progressively and on
the basis of equal opportunity...
28(1)(b)
“encourage the development of different forms of secondary
education including general and vocational education, make
them available and accessible to every child, and take
appropriate measures such as the introduction of free
education and offering financial assistance in case of needs;
and
28(1)(e)
“take measures to encourage regular attendance at schools
and reduction of dropout rates.”
The African Charter on Human and Peoples Rights guarantees the enjoyment of
all the rights contained in the Charter by all individuals without distinction and
without discrimination and also to equal protection of the law by all individuals.
Article 3 of the Charter provides as follows:
3(1)
every individual shall be equal before the law;
3(2)
every individual shall be entitled to equal protection of the law.
The Charter further provides that:
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