Right to education
[14] According to Indian constitution under 86th Amendment act 2002, There is right to free and compulsory education up to 6–14 years of age.
The Convention on the Elimination of All Forms of Discrimination against Women requires states to ensure equality for girls "in pre-school.
"[16] And in the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, states agree that access to "public pre-school educational institutions" shall not be denied due to the parents’ or child's "irregular situation with respect to stay.
"[17] Less explicitly, the Convention on the Rights of Persons with Disabilities requires that "States Parties shall ensure an inclusive education system at all levels.
[24] In this sense education refers to the transmission to a subsequent generation of those skills needed to perform tasks of daily living, and further passing on the social, cultural, spiritual and philosophical values of the particular community.
"[24] The European Court of Human Rights has defined education in a narrow sense as "teaching or instructions... in particular to the transmission of knowledge and to intellectual development" and in a wider sense as "the whole process whereby, in any society, adults endeavour to transmit their beliefs, culture and other values to the young.
[26] The 4As have been further elaborated as follows:[27] A number of international NGOs and charities work to realise the right to education using a rights-based approach to development.
Instead the constitution protected the rights of citizens to found and operate schools and to provide home education.
[36] The nineteenth century also saw the development of socialist theory, which held that the primary task of the state was to ensure the economic and social well-being of the community through government intervention and regulation.
[39] These include, among others, ensuring human dignity and the full and holistic development of the human personality; fostering physical and cognitive development; allowing for the acquisition of knowledge, skills, and talents; contributing to the realization of the full potential of the individual; enhancing self-esteem and increasing confidence; encouraging respect for human rights; shaping a person’s sense of identity and affiliation with others; enabling socialization and meaningful interaction with others; enabling a person to shape the world around them enables their participation in community life; contributing to a full and satisfying life within society; and empowering and allowing for the increased enjoyment of other human rights.
As one of the most important mechanisms by which social groups, in particular indigenous peoples and minorities are maintained from generation to generation, passing on language, culture, identity, values, and customs, education is also one of the key ways states can ensure their economic, social, political, and cultural interests.
The declaration states that human rights begin at birth and that childhood is a period demanding special care and assistance [art.
13 (1)][45] The World Declaration on Education for All (EFA) adopted in 1990 in Jomtien, Thailand, states in article 5 that: ‘Learning begins at birth [...] This calls for early childhood care and initial education.’ A decade later, the Dakar Framework for Action on EFA established six goals, the first of which was: ‘expanding and improving early childhood care and education, especially for the most vulnerable and disadvantaged children.’ Protection of children of all ages from exploitation and actions that would jeopardize their health, education and well-being has also been emphasized by the International Labour Organization in Conventions No.
The United Nations contributed to such endeavours by the Declaration of the Rights of the Child unanimously adopted by the General Assembly in 1959.
[47] The privatization of education can have negative effects resulting from insufficient or inadequate monitoring and regulation by the public authorities (schools without licences, hiring of untrained teachers and absence of quality assurance), with potential risks for social cohesion and solidarity.
However, it can have a positive impact for some social groups, in the form of increased availability of learning opportunities, greater parental choice and a wider range of curricula.
On one hand, teaching can be tailored to the needs of slower learners and teachers can supplement their school salaries.
On the other hand, fees for private tutoring may represent a sizeable share of household income, particularly among the poor, and can therefore create inequalities in learning opportunities.
And the fact that some teachers may put more effort into private tutoring and neglect their regular duties can adversely affect the quality of teaching and learning at school.
[54][55] Conservative attitudes towards the female gender role challenge women's and girls' ability to fully exercise their right to education.
[56] In the second decade of 21st century, the advocacy for women's right to access education became a global movement through the activism of Malala Yousafzai, a Pakistani Nobel laureate.
[59][60][61] Globally, during the pandemic, markers of gender, class, and ethnicity presented themselves as factors of vulnerability in the access to basic rights such as education and health.
[62][63] In spite of E-learning, historical objective walks towards the democratization of education access, depending on its quality, it can be a difficulty in the achievement of this right.
