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
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