Ariticle28Access to education

This Article provides not only the “right to education” in a passive sense but also the “right to education” in an active sense, in which the child himself/herself takes the initiative. This article is closely related to Article 29, so please refer to it as well.

Paragraph 1

In Paragraph 1, the subject matter is “the right of every child to education,” as evidenced by the “on the basis of equal opportunity.” The phrase “progressively” indicates that the full implementation of the right should be promoted gradually. At the same time, it does not mean that failure to fully implement the right is an immediate violation of the Convention, but it does mean that failure to take all appropriate measures and actions under the Convention or to guarantee the right at all, is a violation of the Convention.

Each of items a to e is explained in detail below.

Item a discusses “primary education for children.” It stipulates that primary education is “compulsory” and “free.” The term “compulsory” means that parents or the state are obligated to provide education for their children, and “free” means that tuition and other fees, as well as school and classroom equipment, should be free of charge.

Item b stipulates “guarantee and protect children's access to secondary education” (i.e., junior high and high school in Japan). The best example of this is the “introduction of free education,” as exemplified in the item. This is the same as in the section on primary education. Also, the scope of this “secondary education” includes unorganized education. The phrase “general and vocational education” is also distinctive. This article is closely related to both the “right to education” and the “right to work,” and it indicates the importance that should be given to “education” in any educational setting, taking into account its impact on society.

Item c states “guarantee and protect the right of the child to access to higher education (i.e., university or college in Japan)”. The phrase “by every appropriate means” is the most important part, and there was no agreement on whether the “introduction of free education” falls under this item or not in the enactment of the Convention.

Item d provides for the “right of every child to have easy access to educational or vocational information and guidance.” This section is very closely related to Articles 13 and 17; please refer to those pages as well.

Item e seeks a nationwide effort to achieve two measures: to encourage regular attendance at school by children and to reduce the drop-out rate of children. In attempting to achieve these, it is noted that negative consequences, such as penalties, for children who do not attend regularly are not a solution and should not be imposed on them.

Regarding children with disabilities, it is required that their rights should be protected in all periods of education, in accordance with the “rights of children with disabilities” as stipulated in Article 23.

Paragraph 2

This paragraph is concerned with “school discipline.” This paragraph is related to the “imposing negative consequences, such as penalties, on children” mentioned in e of paragraph 1. In a nutshell, it states that “scolding” and “setting various rules” in schools must be done in a way that does not violate “the dignity and basic human rights of children” but rather in a way that ensures observance of such rights.

In other words, to take a specific example, when schools make rules such as school rules, they must ensure that they do not violate the prohibitions that violate the “rights of the child,” which are stipulated in the Convention, and rather, they must adhere to conditions that always guarantee the “rights of the child” and consider the details of the school rules. In particular, the “right to express views” and “right to participate” of the child are always to be observed when making school rules. In the case of violations of children's dignity and basic human rights, the term “violations of human rights” refers to such acts as “corporal punishment,” “invasion of personal information and private life,” and “psychological abuse and denial of his/her integrity,” etc. In the current Japanese educational field, the issue of “unreasonable school rules” has become a hot topic in recent years. Please refer to the page on “Improvements” for more details on “unreasonable school rules.”

Paragraph 3

The most important theme of Paragraph 3 is the “promotion and encouragement of international cooperation.” It states that cooperation among the many nations should be undertaken to address the various problems related to education that exist at this time. The article gives “ignorance” and “illiteracy” as specific examples of problems that the international community should cooperate to eliminate. At the same time, the international community has a responsibility to spread “scientific and technological knowledge” and “modern teaching methods that meet contemporary needs” to society in general (especially in developing countries) in a proper and equitable manner. Solving these problems is the first step in guaranteeing the “right to education of the child” throughout the world. Therefore, this part will be of greater importance in the world in the future.

About Articles 28 and 29

The Convention's two aims in children's education include making education satisfactory for all children and ensuring that the quality of education guaranteed is robust, indicating its commitment to enhancing and enriching the education of children.