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RIGHT TO

EDUCATION
Meaning
Human beings are born equal in dignity and rights. These are moral claims
which are inalienable and inherent in all individuals by virtue of their
humanity alone, irrespective of caste, color, creed, and place of birth.
Sex, cultural difference or any other consideration. These claims are articulated
and formulated in what is today known as human rights. Human rights
sometimes referred to are as fundamental rights, basic rights, inherent rights,
natural rights and birth rights.
DEFINITION OF HUMAN RIGHTS
Dr. Justice Durga Das Basu defines "human
rights are those minimal rights, which every
individual must have against the state, or other
public authority, by virtue of his being a
'member of human family' irrespective of any
consideration
The Universal Declaration of Human Rights (UDHR), 1948, defines
human rights as "rights derived from the inherent dignity of the
human person

Human rights when they guaranteed by a written constitution are


known as "Fundamental Rights" because a written constitution is the
fundamental law of the state.
CHARACTERISTICS AND NATURE OF HUMAN RIGHTS

Human Human Human


Rights are Rights are in
Rights are
Inalienable connection
with human
Irrevocable
dignity
MEANING OF HUMAN RIGHTS EDUCATION

Human rights education (HRE) refers to education, training, and


information for the purpose of building a universal culture of human
rights. A comprehensive education in human rights consists of two
components: knowledge and information on human rights and the
mechanisms that protect these inalienable rights. It is important that
HRE also impart the skills needed to promote, defend, and apply
human rights in daily life.
INTERNATIONAL CONVENANT ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS
Article 1: Knowledge needed for free and unbiased
opinion to achieve the right of self- determination.

Article 6: Right to freely choose work for a living,


encompasses the element of education.
Article 10: Education should be provided to the dependent children.

Article 13: Right to education (including religious and moral) is for all.

 Primary education- compulsory


 Secondary education- available to all
Higher education- accessible to all
Fundamental education-who did not undergone primary education
Article 14: Free compulsory education- within two years.
INTERNATIONAL CONVENANT ON CIVIL AND
POLITICAL RIGHTS
Article 18: Legal guardian secures moral and religious
education of their children.
CONVENTION ON THE ELIMINATION OF
ALL FORMS OF DISCRIMINATION
AGAINST WOMEN
Educating people regarding:
Common responsibility (Article 5)
Equal Rights (Article 10)
The right to education is reflected in international law in Article 26 Of
the universal declaration of human rights(UDHR)
Article 26 Of UDHR
“Everyone has the right to education. Education shall be free in
elementary and fundamental stage. Education shall be directed to
the full development of personality, shall promote understanding,
Tolerance and friendship among all nations. Parents have a prior
and equal right to choose the kind of education.”
Education as Human Right
The right to education was reaffirmed in 1960 UNESCO convention
against discrimination in education.
The 1981 convention of the elimination of all forms of discrimination
against women.
The 2006 convention on the rights of the person with disabilities and the
African charter on human and people’s rights.
CONSTITUTION AND THE RIGHT TO EDUCATION

The right to Education as dealth under


•DPSP {Article 51A (k)}
•Fundamental Right (Article 21A)
•Fundamental Duty (Article 41)
ARTICLE 28
ARTICLE 29
CONCLUSION
To quote Justice PN Bhagwati, Former Chief Justice of India:

“The child is a soul with a being, a nature and capacities of its own,
who must be helped to find them, to grow into their maturity, into a
fullness of physical and vital energy and the utmost breadth, depth
and height of its emotional, intellectual and spiritual being;
otherwise there cannot be a healthy growth of the nation.”

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