God
has endowed every individual with thinking power. It is
education that hones this capacity and helps one to take
the right decision at the right time. Unless a man is
educated he is not exposed to the external world. He cannot
receive information regarding the matters happening around
him. Education brings revolutionary change in the lives
of individuals and institutions. It is such a powerful
tool and has the potency of transforming ignorants into
intellectuals. Life histories of a few great personalities
like, Abraham Lincoln, Dr. B R Ambedkar and Dr. Abdul
Kalam etc., who started life on modest beginnings, testify
this fact. Education is a panacea for most of the ailments
of society and the benefits of education not only last
longer but have an everlasting, sustainable impact on
the social, economic, political lives of individuals and
institutions. Education alone can produce qualitative
human resources, which play a crucial role in the destiny
of a nation.
Education
which entails a process of learning and obtaining knowledge
at school, is termed as formal education. However, real
education must begin at home. But, ironically, in almost
all the societies, attending school and receiving an education
is extremely vital and necessary for achieving success.
Unfortunately, children in most of the developing countries
do not have the opportunity to receive formal education.
The opportunities that are offered are greatly limited.
Sometimes there are not enough resources to provide schooling.
Poor parents instead of sending children to the school
take them to work along with them to the farms and factories.
There
are strong legal foundations about the right to education
in International law. Political commitments are also being
made from time to time with the intervention of the international
agencies like United Nations and its organs. Several countries
have resolved to achieve 'Education For All', fixing specific
timeframes within which they have to achieve the goal.
Recognizing education's multidimensional positive impacts
on the individuals and society, it has been identified
as a basic human right by modern democratic Governments.
Right to education is identified both by international
human rights law and municipal laws of some countries.
'Right to Education' is a unique human right, which has
its cascading effect on the other spheres of life and
leaves an indelible positive impact on them.
Right
to Education is recognized in many international instruments
like Art. 26 of Universal Declaration of Human Rights
1948, Art. 18, 19 of International Covenant on Civil and
Political Rights 1966; Art. 13, 14 of International Covenant
on Economic Social and Cultural Rights, 1966;
Art.
1, 3 and 4 of UNESCO Convention against Discrimination
in Education (1960); Art. 23(3), 23(4), 28 and 29 of Convention
of Rights of Child 1989; Protocol on San Salvador to the
American Convention on Human Rights 1988; Charter on the
Rights and Welfare of the African Child (1990); European
Social Charter 1996; Art. 7 of I.L.O Convention on the
Worst Forms of Child Labour 1999; Art. 5 of International
Convention on the Elimination of All Forms of Racial Discrimination
1965 and in Art. 10 of Convention on the Elimination of
All Forms of Discrimination against Women-1979. It is
also found in a number of regional instruments such as,
European Convention, 1953, American Declaration of Rights
and Duties of man, 1948, etc. There are also several political
commitments at the global level like General Comments
No. 3, 11, and 13 of 1999 of United Nation's Economic
and Social Council, Jomtien Conference on Education for
All-1990, Dakar World Education Forum-2000, Articles 26,
27, 28, 29, 30 and 31 of I.L.O, Convention concerning
Indigenous and Tribal Peoples-1989, etc.
As far as the global scenario of education is concerned,
there are approximately 140 million children in the world,
who do not have access to free and compulsory education.
This is an infringement of their right to education. These
children of tender age lead their life as child labourers
or as street wanderers without access to education, especially
in developing countries. The situation of girls and disabled
children is much worse. The Governments should exercise
special care while extending the Right to Education to
these special categories. "Education for All"
is second among the eight Millennium Development Goals
of the United Nations. Approximately, 59 countries in
the world have incorporated the Right to education in
their municipal laws. Worldwide campaigns for right to
education is an ongoing phenomenon.
The
right to education in India owes its origin to two landmark
decisions, the 'Mohini Jain Vs. State of Karnataka' (Captivation
fee case)(1992;3 SCC; 666) in which it was observed that
'Right to Education' directly flows from right to life
(Article 21). In "Unnikrishnan Vs. State of Andhra
Pradesh" (1993; I; SCC-645) the court reiterated
the same. The 86th Constitutional Amendment, made right
to education a fundamental right under Article 21A in
part III of the constitution, providing for free and compulsory
education for all children between the age group of 6
to 14 years and the same also been made a fundamental
duty in Article 51-A of the constitution. This amendment
also modified Article 45(DPSP). Prior to 86th Constitutional
Amendment (2002) Right to Education in India was governed
by Article 45 of the Directive Principles of State Policy
in Part IV of the constitution and was non enforceable
in a court of law. Later, Right to Education Bill-2005
of the Union Government could not be materialized on account
of financial hurdles. But state governments were issued
guidelines to implement Right to Education by enacting
legislations of their own for which they were assured
some financial resources by the Union Government.
This
book on Right to Education consists of nine articles,
which discuss various aspects of Right to Education in
general, and the need for 'inclusive education' in particular.
Other than these two aspects, regional dimensions of Right
to Education is also elaborately discussed.
The
first article "Guidelines for Inclusion: Ensuring
Access to Education for All" by 'United Nations Educational
Scientific and Cultural Organization' emphasizes the importance
of 'Inclusive Education' in the present era and this article
critically examines the rationale behind inclusive education
and enumerates the key players involved and their respective
roles and the nature of curricula required. It also suggests
the tools for educational planners and policy makers,
the steps involved and the strategic planning in the direction
of achieving education for all.
The article "Strengthening Inclusive Education by
Applying a Rights-based Approach to Education Programming"
by Olof Sandkull stresses the importance of Inclusive
Education. Sandkull expresses his concern over the present
poor quality of education. He further explains the four
key actors involved and the subsequent obligations of
Right to Education and advocates a rights-based approach
to education programming and exhorts the modern democracies
to adopt the education strategies from the point view
of learners abdicating the hither to followed traditional
ones.
'Rob
Reich' in his article "Equality and Adequacy in the
State's Provision of Education: Mapping the Conceptual
Landscape" explains the concepts equality and adequacy,
distinguishes these concepts and beautifully narrates
these two further. The historical context and a number
of popular case laws have been discussed in detail. He
explains the policy changes from equality orientation
to an adequacy orientation and their criteria in resource
distribution for education.
Katarina Tomasevski in the article "Girls' Education
through A Human Rights Lens: What can be Done Differently,
What can be Made Better" laments over the present
status of girls' education, protests against the practice
of child marriage and vehemently criticizes the legalized
discrimination of girls by the so called civilized nations
(fixing lower age of marriage for girls compared to boys)
which in fact amounts to infringement of Girl's Right
to Education. The author further advises not to treat
pregnant unmarried girls as wrong doers, but to encourage
them to continue their education viewing the entire situation
through human rights lens only.
The
article "Lessons for All of Us: Protecting the Right
to Education for Persons with Disabilities" by 'National
Council on Disability' highlights the need for disabled
children's Right to Education. The author discusses the
International legal framework related to disabled children,
International Human Rights Law, the development and evolution
of law related to disabled children's education in USA.
The author strongly opines that the 'Individualized Education
Programme' that requires the integration and participation
of parents, teacher and a member of school, to be the
appropriate strategy to achieve the Right to Education
for disabled children.
Sydney
Nwanakponna Osuji in his article "The Right to Learn:
The Continuing Education Opportunities for Workers in
Industries in Nigeria" discusses the industrial workers'
right to continuing education opportunities in Nigeria.
It is mandatory that "The Industrial Training Fund"
should be constituted for this purpose to support the
training activities to be organized. The author defines
the concepts of Right, Right to Learn and 'Continuing
Education' and distinguishes them to bring clarity. The
author encourages the concept of training, which should
involve all categories of employees. The Industrial Training
Fund should be contributed by all the three, i.e., employers,
government and employees. Education for All becomes meaningful,
fruitful and successful, only when it provides an opportunity
to learn new things to all categories of people, and is
available in all stages of one's life.
The
importance of Right to Education as a broader right is
elucidated well in the article "Right to Education"
by Faranaaz Veriava and Fons Coomans. Section 29 of the
South African Constitution contains a wide variety of
rights such as Right to Basic Education, Adult Education,
Further and Higher Education, Right to Language Choice,
School Choice, etc. The article, while elaborately explaining
this right, analyses Section 29. Right to Education is
recognized as a socio-economic and civil and political
right in South Africa. The content of Right to Education
is analyzed well through Four- A's scheme.
If
education becomes a purchasable public good in the market
due to Government's rigid policies like tight governmental
control leading to centralization, recurrent state interventions,
etc., it will subsequently have an impact on the poorer
sections of the society. The article "Forms of Infringement
of the Right to Education in Contemporary Greek Educational
Structures" by 'Aristotelis Stamoulas' narrates the
fates of the students belonging to poorer sections in
Greece. It also analyses the social and economic profile
of the student's population and how the 'free choice'
has been narrowed down to the student community. It further
criticizes the monopoly of the State over higher education,
which in turn leads to the violations of right to education
in Greek.
Right
to Education cannot become a reality unless the same is
coupled with adequate financial resources. The article
"The No Child Left Behind Act and The Legacy of Federal
Aid to Education" by Lee W. Anderson highlights the
significance of financial resources for implementation
of Right to Education. The article discusses the salient
features of the newly enacted law of 2001 'No Child Left
Behind" (NCLB). It also discusses all the pre-existing
Federal Education Laws- National Defence Education Act-1958,
Elementary and Secondary Education Act-1965, Education
for All Handicapped Children Act-1975, etc. It also critically
analyzes how NCLB Act is different from the earlier federal
education laws.