means of realizing other inherent human rights.55 It includes the right to all
levels of education and training, on the basis of intellectual capacity. Modern
education is one of the ways in which people can lift themselves out of poverty
and identify and defend their rights.
171. The right to education affects the growth, development and welfare of human
beings, particularly children and youth.5" The Commission recognises that, as
a fundamental 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.57 Thus, it plays a
I
vital role in the protection of human rights in that its aim is to develop
intellectual capacity and thereby enable individuals to claim their rights at all
levels.
172. Moreover, education should be directed to the full development of the human
personality and
to the strengthening of respect for human rights and
fundamental freedoms. As an empowerment right, education is the primary
vehicle by which economically and socially marginalized adults and children
can lift themselves out of poverty and obtain the means to participate fully in
their communities."
173. Based on the foregoing, the Commission notes that education is one of the ways
in which people can lift themselves out of poverty and identify and defend their
rights. In particular, it enables marginalized populations to participate fully in
community life. Furthermore, the right to education also includes the right to
traditional and ancestral knowledge for indigenous peoples.
174.
In this case, the eviction of the Batwa from their ancestral forest deprived them
of this form of teaching, as the elders were no longer able to pass on their
knowledge, particularly medicinal knowledge, to the younger generations in
situ, as stated in the various testimonies made by members of this community
who were victims of this eviction. These testimonies all point to the fact that
there is knowledge related to the identity of the Batwa from which they
ss General Comment No. 13 of the Committee on Economic, Social and Cultural Rights on the
implementation of Article 13 of the lntemational Covenant on economic, Social and Cultural Rights;
adopted at the 21" Session, 1999
ss ACHPR, Principles and Guidelines on the implementation of economic, social and cultural rights in
the African Charter on Human and Peoples' Rights, para 69
$7 ACHPR, Principles and Guidelines on the implementation of economic, social and cultural rights in the African
Charter on Human and Peoples' Rights, para 69
ss General Comment No. 13 of the Committee on Economic, Social and Cultural Rights on lhv
implementation of Article 13 of
iuial Covenant on Economic, Social and Cultural Rights;
adopted at the 21" Session, l%*°;w,,.,.;* .
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