RIGHT TO EDUCATION

Submitted by Yashdeep Kanhai

Introduction

Children are the future of the nation. So, they must be properly nurtured. Education is an
essential part of human beings. It is through education children can lift themselves up and bring
about a change in society. Dreams of these children are thwarted by poverty, discrimination
etc. It is a challenge for all of us to make sure that these all children get the proper opportunity
to study.

United Nations

Right to Education is a Human Right recognized by the United Nations. UNICEF collaborates
with many other partners to help underprivileged and disadvantaged children by providing
them with educational systems so that they have learning opportunities that will change their
lives and the lives of their upcoming generations.

The UNICEF Convention on the Rights of the Child, Part I Article 28 states that:

1. Parties recognize the right of the child to education and they shall:
(a) Make primary education compulsory and free to all
(b) Encourage the development of secondary education, make them available and
accessible to every child, and introduce free education and offer financial aid when
needed.
(c) Make higher education accessible to all on the basis of capacity
(d) Make educational and vocational information and guidance available and accessible
to every child
(e) Take measures to encourage regular attendance and reduce drop-outs
2. Parties shall take appropriate measures to ensure that school discipline is administered
which is consistent to the child’s human dignity and is in conformity with the present
Convention.
3. Parties shall cooperate internationally to eliminate ignore and illiteracy throughout the
world and facilitate access to scientific and technical knowledge and modern teaching
method.

Article 29 states that:

1. Parties agree that the education of child should be directed towards:

(a) The development of the child’s personality, talents, mental and physical abilities to
the fullest potential
(b) The development of respect for human rights, fundamental freedoms, and principles
of the Charter of the United Nations.

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 (c) The development of respect for the child’s parents, culture, language, values,
country and for civilizations different from their own.
(d) The preparation of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality, and friendship among all people.
(e) The development of respect for nature and environment
2. No part of Article 28 and 29 shall be interpreted in such a way that it interferes with the
liberty of individuals and bodies to establish and direct educational institutions. This
liberty is subject to the observance of the principles of Article 29(1) and to the
requirement that the education given in such institutions conforms to such minimum
standards as laid down by the State.

Article 32 states that:

1. Child must be protected from economic exploitation and from performing any work
which will harm them or interfere in their education.

Article 42 states that Children have the right to know their rights, so adults should know them
too and educate children about these rights.

India

India has developed a lot over the years, but the growth can’t be measured only through malls
or big skyscrapers built. Literacy and education of the populace is also a sound indicator of
success and progress. And in the field of literacy India hasn’t been doing so well. Most of the
children in India do not attend schools and are illiterate. To curb this issue The Right of
Children to free and compulsory Education Act, 2009 was passed.

The Right of Children to free and compulsory Education Act, 2009:

It makes education a fundamental right for every child between the ages of 6 to 14. It is the
obligation of the government to provide compulsory and free elementary education to every
child. It specifies the duties and responsivities of Government, local authority and parents in
providing education and sharing of financial and other responsibilities between the Central and
State Government. It provides for the appointment of trained teachers. It prohibits physical and
mental harassment of children. It prohibits capitation fees and private tuition by teachers. It
ensures that the schools must be registered and provide overall development of the child.

Conclusion

The different governments of the world and UN is doing its bit to curb the problem of illiteracy.
And to bring up children from the chains of poverty and make sure they get proper opportunities
to study and know their rights. This will help come lift themselves up and achieve their goals
paving a path for a better future. As responsible citizens and it is also our duty to ensure every
child has access to their rights.

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References

1. https://www.unicef.org/child-rights-convention/convention-text
2. http://haqcrc.org/pdf/the-right-of-children-to-free-and-compulsory-education-act-
2009/
3. https://en.wikipedia.org/wiki/Right_of_Children_to_Free_and_Compulsory_Educatio
n_Act,_2009
4. https://mhrd.gov.in/rte

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