As mentioned in an earlier post the 20th November is not only Universal Children’s Day, but also the 20th anniversary of the Convention on the Rights of the Child. The Inter-Agency Network for Education in Emergencies (INEE) has produced a celebratory explanation of some of the articles of the CRC and also some important resources. INEE is an open global network of over 3,500 practitioners, students, teachers, staff from UN agencies, non-governmental organizations, donors, governments and universities who work together to ensure all persons the right to quality, relevant and safe educational opportunities.
Tomorrow, 20 November 2009, is the 20th anniversary of the Convention of the Rights of the Child (CRC), which is a legally binding international instrument spelling out the principles that Member States of the United Nations agree to be universal – for all children, in all countries and cultures, at all times and without exception, simply through the fact of their being born into the human family. The four core principles of the Convention are non-discrimination; the best interests of the child; the right to life, survival and development; and respect for the views of the child.
The CRC is of particular importance to education in emergencies, because it forcefully brings together provisions relevant to emergencies and armed conflict in ways that few other international treaties do, offering added protection for the consistently most vulnerable group: the child.
The following 2 articles affirm the right of the child to education, in emergencies, as well as in times of peace and stability:
Article 28 obliges all state parties to establish educational systems and ensure equal and non-discriminatory access to them. Especially primary education must be compulsory and free to all, but also secondary, vocational and higher education must be made progressively available. Education must be provided in a way that respects the dignity of the child at all times. Lastly, Article 28 obliges States to encourage and promote international cooperation, with particular account taken of the needs of developing countries.
Article 29 defines the aims of education, chief amongst these being that education shall be directed to the development of the child’s personality, talents and mental and physical abilities to their fullest potential. This echoes the over-riding principle of the CRC, as stated in Art. 3, of the best interest of the child, requires that schools be child-friendly in the fullest sense of the term and that they be consistent in all respects with the dignity of the child. Lastly, that education must be for “the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin”.
These 2 articles must be read together with a few other key articles in the Convention:
Article 2 on non-discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
Article 38 on the respect for the rules of international humanitarian law in times of conflict, ensuring the continued and specific protection of children and civilians, protecting them from taking part in hostilities and entering into armed forces.
Article 6 (right to life); Article 9 (separation from parents); Article 12 (Respect for the views of the child); Article 19 (Child’s right to protection from all forms of violence); Article 22 (Refugee children); Article 39 (Rehabilitation of child victims); and the 1st Optional Protocol (On the Involvement of children in armed conflict).
Timor Leste -Ray Harris
The right to education is also articulated in many other international conventions and documents, which do not limit this right to children, including the Universal Declaration of Human Rights (1948); the Convention Relating to the Status of Refugees (1951); the Covenant on Economic, Social and Cultural Rights (1966); the Convention on the Rights of Persons with Disabilities (2006); and the non-legally binding Dakar World Education Forum Framework for Action (2000), promoting Education for All.
More free resources
The UN Committee on the Rights of the Child
The UN Committee on the Rights of the Child, the body of independent experts responsible for reviewing progress made by States parties in implementing the Convention on the Rights of the Child, devoted its 2008 Day of General Discussion (DGD) on to articles 28 and 29 of the Convention dealing with the right to education, focusing upon the education of children in emergency situations. The day was intended to provide States and other actors with more comprehensive guidance as to their obligations to promote and protect the right to education as outlined in articles 28 and 29. For more information about the DGD, please click here.
The Committee released its report, including recommendations, which you can find on the INEE website along with several other supporting documents about the day. Among the recommendations particularly relevant to INEE members, the Committee:
- calls upon States parties to honor their obligation to fully ensure the right to education for every child within their jurisdiction, without any discrimination, throughout all stages of emergency situations, including the emergency preparedness phase and the reconstruction and the post emergency phases.
- calls upon States parties, donors and relief agencies to include education as an integral component of the humanitarian relief response from the outset.
- urges all States parties, in particular those that are prone to natural disasters or in areas likely to be affected by armed conflict, to prepare a plan of action for the provision of the right to education in emergency situations.
- urges States parties to fulfill their obligation therein to ensure schools as zones of peace and places where intellectual curiosity and respect for universal human rights is fostered; and to ensure that schools are protected from military attacks or seizure by militants; or use as centres for recruitment. The Committee urges States parties to criminalize attacks on schools as war crimes in accordance with article 8(2)(b) (ix) of the Rome Statute of the International Criminal Court and to prevent and combat impunity.
- urges States parties, United Nations agencies, donors and relief agencies to ensure that INEE Minimum Standards are applied at all stages of humanitarian relief response in order to ensure the right of children to education in emergencies.
- recommends that States parties and other international partners support child participation so that children can voice their views with regard to what they learn (the content) and how they learn (rights-based and child-centered active learning) and are empowered by the relevant content of education and the active learning process.
The DGD, and these ensuing recommendations on education in emergencies, built upon the 2008 report of Vernor Muñoz, the UN Special Rapporteur on the Right to Education on the right to education in emergencies. Many INEE members contributed to the contents of this report through questionnaires developed by the Special Rapporteur and disseminated on the INEE Listserv and Website. For a summary of the report, the full text for download in Spanish and English, and highlights relating specifically to INEE and the INEE Minimum Standards please click here.
Right to Education Project
The RTE site offers information and resources for States, civil society organisations and individuals on how to interpret and claim the right to education. It is centered on the basic premise that education must be available, accessible, acceptable and adaptable to all; that education systems must be accountable, participatory, transparent and non-discriminatory; and that education rights entails both the right to, in and through education.
UNICEF Website: 20th Anniversary of the CRC
The UNICEF site includes a Take Action center that articulates what individuals can do – visa via governments, families and communities, schools and teachers, the media, the private sector, and development and humanitarian organizations — to change the Convention from words on paper into real actions for children. It also contains a section for youth, helping them to understand the CRC, know their rights and take action: http://www.unicef.org/rightsite/433.htm
INEE Minimum Standards Toolkit Thematic Guide on Human & Children’s Rights
The INEE Minimum Standards present a global framework for coordinated action to enhance the quality of educational preparedness and response, increase access to relevant learning opportunities, and ensure humanitarian accountability in providing these services. The Convention on the Rights of the Child is one of the foundational documents for the INEE Minimum Standards. The tools and resources in this guide are a selection from the INEE Minimum Standards Toolkit that relate to the cross-cutting issue of human and children’s rights. To access the Thematic Guide, please click here. All of these resources are available online and on the INEE Minimum Standards Toolkit www.ineesite.org/toolkit.
Your Right to Education: A Handbook for Refugees and Displaced Communities
The Women’s Refugee Commission created Your Right to Education: A Handbook for Refugees and Displaced Communities to raise awareness of everyone’s right to education. The handbook uses drawings that readers at all levels can understand. It is hoped that you will share Your Right to Education with children, young people and adults in your community to help them better understand the right to education, how it fits with other human rights and the benefits that education may bring. It is also hoped that Your Right to Education will serve as a tool to discuss these issues in depth and to encourage action to expand and improve education in displaced communities. Click here to download the Handbook in English, French and Arabic.
A complimentary resource is Right to Education During Displacement. A resource for organizations working with refugees and internally displaced persons (2006, Women’s Refugee Commission), which is available here.
Child Rights Information Network (CRIN)
This website and listserv offers consistently high-quality and comprehensive information on the rights of the child as defined in the CRC. It also has a selection of resources relating to education. Explore the website, and sign-up for their listserv CRINMAIL here: www.crin.org.
A Human Rights Based Approach to Education for All
(2007, UNICEF and UNESCO)
This document brings together the current thinking and practice on human rights-based approaches in the education sector. It presents key issues and challenges in rights-based approaches and provides a framework for policy and programme development from the level of the school up to the national and international levels.While the predominant focus of the document is on primary basic education and child rights within education, it is based on the EFA goals and situated within lifecycle and lifelong learning approaches. It addresses the right to education as well as rights within education, which include human rights education itself. Click here to download this resource.