1. Article 29, paragraph 1, of the
Convention on the Rights of the Child is of far‑reaching importance. The aims of education that it sets out,
which have been agreed to by all States parties, promote, support and protect
the core value of the Convention: the
human dignity innate in every child and his or her equal and inalienable
rights. These aims, set out in the
five subparagraphs of article 29 (1), are all linked directly to
the realization of the child’s human dignity and rights, taking into
account the child’s special developmental needs and diverse evolving
capacities. The aims are: the holistic development of the full
potential of the child (29 (1) (a)), including development of respect
for human rights (29 (1) (b)), an enhanced sense of identity and
affiliation (29 (1) (c)), and his or her socialization and
interaction with others (29 (1) (d)) and with the environment
(29 (1) (e)).
2. Article 29 (1) not only adds
to the right to education recognized in article 28 a qualitative dimension
which reflects the rights and inherent dignity of the child; it also insists
upon the need for education to be child‑centred, child‑friendly and
empowering, and it highlights the need for educational processes to be based
upon the very principles it enunciates.[1] The education to which every child has a
right is one designed to provide the child with life skills, to strengthen the
child’s capacity to enjoy the full range of human rights and to promote a
culture which is infused by appropriate human rights values. The goal is to empower the child by
developing his or her skills, learning and other capacities, human dignity,
self‑esteem and self‑confidence.
“Education” in this context goes far beyond formal schooling to embrace
the broad range of life experiences and learning processes which enable
children, individually and collectively, to develop their personalities,
talents and abilities and to live a full and satisfying life within society.
3. The child’s right to education is not
only a matter of access (art. 28) but also of content. An education with its contents firmly rooted
in the values of article 29 (1) is for every child an indispensable
tool for her or his efforts to achieve in the course of her or his life a
balanced, human rights‑friendly response to the challenges that accompany
a period of fundamental change driven by globalization, new technologies and
related phenomena. Such challenges
include the tensions between, inter alia, the global and the local; the
individual and the collective; tradition and modernity; long‑ and short‑term
considerations; competition and equality of opportunity; the expansion of
knowledge and the capacity to assimilate it; and the spiritual and the
material.[2] And yet, in the national and international
programmes and policies on education that really count, the elements embodied
in article 29 (1) seem all too often to be either largely missing or
present only as a cosmetic afterthought.
4. Article 29 (1) states that
the States parties agree that education should be directed to a wide range of
values. This agreement overcomes the
boundaries of religion, nation and culture built across many parts of the
world. At first sight, some of the
diverse values expressed in article 29 (1) might be thought to be in
conflict with one another in certain situations. Thus, efforts to promote understanding, tolerance and friendship
among all peoples, to which paragraph (1) (d) refers, might not
always be automatically compatible with policies designed, in accordance with
paragraph (1) (c), to develop respect for the child’s own cultural
identity, language and values, for the national values of the country in which
the child is living, the country from which he or she may originate, and for
civilizations different from his or her own.
But in fact, part of the importance of this provision lies precisely in
its recognition of the need for a balanced approach to education and one which
succeeds in reconciling diverse values through dialogue and respect for
difference. Moreover, children are
capable of playing a unique role in bridging many of the differences that have
historically separated groups of people from one another.
5. Article 29 (1) is much more
than an inventory or listing of different objectives which education should
seek to achieve. Within the overall
context of the Convention it serves to highlight, inter alia, the
following dimensions.
6. First, it emphasizes the indispensable
interconnected nature of the Convention’s provisions. It draws upon, reinforces, integrates and complements a variety
of other provisions and cannot be properly understood in isolation from
them. In addition to the general
principles of the Convention - non‑discrimination (art. 2), the best
interest of the child (art. 3), the right to life, survival and
development (art. 6) and the right to express views and have them taken
into account (art. 12) - many other provisions may be mentioned, such as
but not limited to the rights and responsibilities of parents (arts. 5 and
18), freedom of expression (art. 13), freedom of thought (art. 14),
the right to information (art. 17), the rights of children with
disabilities (art. 23), the right to education for health (art. 24),
the right to education (art. 28), and the linguistic and cultural rights
of children belonging to minority groups (art. 30).
7. Children’s rights are not detached or
isolated values devoid of context, but exist within a broader ethical framework
which is partly described in article 29 (1) and in the preamble to
the Convention. Many of the criticisms
that have been made of the Convention are specifically answered by this
provision. Thus, for example, this
article underlines the importance of respect for parents, of the need to view
rights within their broader ethical, moral, spiritual, cultural or social
framework and of the fact that most children’s rights, far from being
externally imposed, are embedded within the values of local communities.
8. Second, the article attaches importance
to the process by which the right to education is to be promoted. Thus, efforts to promote the enjoyment of
other rights must not be undermined, and should be reinforced, by the values
imparted in the educational process.
This includes not only the content of the curriculum but also the
educational processes, the pedagogical methods and the environment within which
education takes place, whether it be the home, school, or elsewhere. Children do not lose their human rights by
virtue of passing through the school gates.
Thus, for example, education must be provided in a way that respects the
inherent dignity of the child and enables the child to express his or her views
freely in accordance with article 12 (1) and to participate in school
life. Education must also be provided
in a way that respects the strict limits on discipline reflected in
article 28 (2) and promotes non‑violence in school. The Committee has repeatedly made clear in
its concluding observations that the use of corporal punishment does not
respect the inherent dignity of the child nor the strict limits on school
discipline. Compliance with the values
recognized in article 29 (1) clearly 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. The participation
of children in school life, the creation of school communities and student
councils, peer education and peer counselling, and the involvement of children
in school disciplinary proceedings should be promoted as part of the process of
learning and experiencing the realization of rights.
9. Third, while article 28 focuses
upon the obligations of State parties in relation to the establishment of
educational systems and in ensuring access thereto, article 29 (1)
underlies the individual and subjective right to a specific quality of
education. Consistent with the
Convention’s emphasis on the importance of acting in the best interests of the
child, this article emphasizes the message of child‑centred
education: that the key goal of
education is the development of the individual child’s personality, talents and
abilities, in recognition of the fact that every child has unique
characteristics, interests, abilities, and learning needs.[3] Thus, the curriculum must be of direct
relevance to the child’s social, cultural, environmental and economic context
and to his or her present and future needs and take full account of the child’s
evolving capacities; teaching methods should be tailored to the different needs
of different children. Education must
also be aimed at ensuring that essential life skills are learnt by every child
and that no child leaves school without being equipped to face the challenges
that he or she can expect to be confronted with in life. Basic skills include not only literacy and
numeracy but also life skills such as the ability to make well‑balanced
decisions; to resolve conflicts in a non‑violent manner; and to develop a
healthy lifestyle, good social relationships and responsibility, critical
thinking, creative talents, and other abilities which give children the tools
needed to pursue their options in life.
10. Discrimination on the basis of any of the
grounds listed in article 2 of the Convention, whether it is overt or
hidden, offends the human dignity of the child and is capable of undermining or
even destroying the capacity of the child to benefit from educational
opportunities. While denying a child’s
access to educational opportunities is primarily a matter which relates to
article 28 of the Convention, there are many ways in which failure to
comply with the principles contained in article 29 (1) can have a
similar effect. To take an extreme
example, gender discrimination can be reinforced by practices such as a
curriculum which is inconsistent with the principles of gender equality, by
arrangements which limit the benefits girls can obtain from the educational
opportunities offered, and by unsafe or unfriendly environments which
discourage girls’ participation.
Discrimination against children with disabilities is also pervasive in
many formal educational systems and in a great many informal educational
settings, including in the home.[4] Children with HIV/AIDS are also heavily
discriminated against in both settings.[5] All such discriminatory practices are in
direct contradiction with the requirements in article 29 (1) (a)
that education be directed to the development of the child’s personality,
talents and mental and physical abilities to their fullest potential.
11. The Committee also wishes to highlight
the links between article 29 (1) and the struggle against racism,
racial discrimination, xenophobia and related intolerance. Racism and related phenomena thrive where
there is ignorance, unfounded fears of racial, ethnic, religious, cultural and
linguistic or other forms of difference, the exploitation of prejudices, or the
teaching or dissemination of distorted values.
A reliable and enduring antidote to all of these failings is the
provision of education which promotes an understanding and appreciation of the
values reflected in article 29 (1), including respect for
differences, and challenges all aspects of discrimination and prejudice. Education should thus be accorded one of the
highest priorities in all campaigns against the evils of racism and related
phenomena. Emphasis must also be placed
upon the importance of teaching about racism as it has been practised
historically, and particularly as it manifests or has manifested itself within
particular communities. Racist
behaviour is not something engaged in only by “others”. It is therefore important to focus on the
child’s own community when teaching human and children’s rights and the
principle of non‑discrimination.
Such teaching can effectively contribute to the prevention and
elimination of racism, ethnic discrimination, xenophobia and related
intolerance.
12. Fourth, article 29 (1) insists
upon a holistic approach to education which ensures that the educational
opportunities made available reflect an appropriate balance between promoting the
physical, mental, spiritual and emotional aspects of education, the
intellectual, social and practical dimensions, and the childhood and lifelong
aspects. The overall objective of
education is to maximize the child’s ability and opportunity to participate
fully and responsibly in a free society.
It should be emphasized that the type of teaching that is focused
primarily on accumulation of knowledge, prompting competition and leading to an
excessive burden of work on children, may seriously hamper the harmonious
development of the child to the fullest potential of his or her abilities and
talents. Education should be child‑friendly,
inspiring and motivating the individual child.
Schools should foster a humane atmosphere and allow children to develop
according to their evolving capacities.
13. Fifth, it emphasizes the need for
education to be designed and provided in such a way that it promotes and
reinforces the range of specific ethical values enshrined in the Convention,
including education for peace, tolerance, and respect for the natural
environment, in an integrated and holistic manner. This may require a multidisciplinary approach. The promotion and reinforcement of the
values of article 29 (1) are not only necessary because of problems
elsewhere, but must also focus on problems within the child’s own
community. Education in this regard
should take place within the family, but schools and communities must also play
an important role. For example, for the
development of respect for the natural environment, education must link issues
of environmental and sustainable development with socio‑economic,
sociocultural and demographic issues.
Similarly, respect for the natural environment should be learnt by
children at home, in school and within the community, encompass both national
and international problems, and actively involve children in local, regional or
global environmental projects.
14. Sixth, it reflects the vital role of
appropriate educational opportunities in the promotion of all other human
rights and the understanding of their indivisibility. A child’s capacity to participate fully and responsibly in a free
society can be impaired or undermined not only by outright denial of access to
education but also by a failure to promote an understanding of the values
recognized in this article.
15. Article 29 (1) can also be seen
as a foundation stone for the various programmes of human rights education
called for by the World Conference on Human Rights, held in Vienna in 1993,
and promoted by international agencies.
Nevertheless, the rights of the child have not always been given the
prominence they require in the context of such activities. Human rights education should provide
information on the content of human rights treaties. But children should also learn about human rights by seeing human
rights standards implemented in practice, whether at home, in school, or within
the community. Human rights education
should be a comprehensive, lifelong process and start with the reflection of
human rights values in the daily life and experiences of children.[6]
16. The values embodied in
article 29 (1) are relevant to children living in zones of peace but
they are even more important for those living in situations of conflict or
emergency. As the Dakar Framework for
Action notes, it is important in the context of education systems affected by
conflict, natural calamities and instability that educational programmes be
conducted in ways that promote mutual understanding, peace and tolerance, and
that help to prevent violence and conflict.[7] Education about international humanitarian
law also constitutes an important, but all too often neglected, dimension of
efforts to give effect to article 29 (1).
17. The aims and values reflected in this
article are stated in quite general terms and their implications are
potentially very wide‑ranging.
This seems to have led many States parties to assume that it is
unnecessary, or even inappropriate, to ensure that the relevant principles are
reflected in legislation or in administrative directives. This assumption is unwarranted. In the absence of any specific formal
endorsement in national law or policy, it seems unlikely that the relevant
principles are or will be used to genuinely inform educational policies. The Committee therefore calls upon all
States parties to take the necessary steps to formally incorporate these
principles into their education policies and legislation at all levels.
18. The effective promotion of
article 29 (1) requires the fundamental reworking of curricula to
include the various aims of education and the systematic revision of textbooks
and other teaching materials and technologies, as well as school policies. Approaches which do no more than seek to
superimpose the aims and values of the article on the existing system without
encouraging any deeper changes are clearly inadequate. The relevant values cannot be effectively
integrated into, and thus be rendered consistent with, a broader curriculum
unless those who are expected to transmit, promote, teach and, as far as
possible, exemplify the values have themselves been convinced of their
importance. Pre‑service and in‑service
training schemes which promote the principles reflected in
article 29 (1) are thus essential for teachers, educational
administrators and others involved in child education. It is also important that the teaching
methods used in schools reflect the spirit and educational philosophy of the
Convention on the Rights of the Child and the aims of education laid down in
article 29 (1).
19. In addition, the school environment
itself must thus reflect the freedom and the spirit of understanding, peace,
tolerance, equality of sexes, and friendship among all peoples, ethnic,
national and religious groups and persons of indigenous origin called for in
article 29 (1) (b) and (d). A school which allows bullying or other violent and exclusionary
practices to occur is not one which meets the requirements of article 29 (1). The term “human rights education” is too
often used in a way which greatly oversimplifies its connotations. What is needed, in addition to formal human
rights education, is the promotion of values and policies conducive to human
rights not only within schools and universities but also within the broader
community.
20. In general terms, the various initiatives
that States parties are required to take pursuant to their Convention
obligations will be insufficiently grounded in the absence of widespread
dissemination of the text of the Convention itself, in accordance with the
provisions of article 42. This
will also facilitate the role of children as promoters and defenders of
children’s rights in their daily lives.
In order to facilitate broader dissemination, States parties should
report on the measures they have taken to achieve this objective and the Office
of the High Commissioner for Human Rights should develop a comprehensive
database of the language versions of the Convention that have been produced.
21. The media, broadly defined, also have a
central role to play, both in promoting the values and aims reflected in
article 29 (1) and in ensuring that their activities do not undermine
the efforts of others to promote those objectives. Governments are obligated by the Convention, pursuant to
article 17 (a), to take all appropriate steps to “encourage the mass
media to disseminate information and material of social and cultural benefit to
the child”.[8]
22. The Committee calls upon States parties to
devote more attention to
education
as a dynamic process and to devising means by which to measure changes over
time in relation to article 29 (1).
Every child has the right to receive an education of good quality which
in turn requires a focus on the quality of the learning environment, of
teaching and learning processes and materials, and of learning outputs. The Committee notes the importance of
surveys that may provide an opportunity to assess the progress made, based upon
consideration of the views of all actors involved in the process, including
children currently in or out of school, teachers and youth leaders, parents,
and educational administrators and supervisors. In this respect, the Committee emphasizes the role of national‑level
monitoring which seeks to ensure that children, parents and teachers can have
an input in decisions relevant to education.
23. The Committee calls upon States parties
to develop a comprehensive national plan of action to promote and monitor
realization of the objectives listed in article 29 (1). If such a plan is drawn up in the larger
context of a national action plan for children, a national human rights action
plan, or a national human rights education strategy, the Government must ensure
that it nonetheless addresses all of the issues dealt with in
article 29 (1) and does so from a child‑rights
perspective. The Committee urges that
the United Nations and other international bodies concerned with
educational policy and human rights education seek better coordination so as to
enhance the effectiveness of the implementation of article 29 (1).
24. The design and implementation of
programmes to promote the values reflected in this article should become part
of the standard response by Governments to almost all situations in which
patterns of human rights violations have occurred. Thus, for example, where major incidents of racism, racial
discrimination, xenophobia and related intolerance occur which involve those
under 18, it can reasonably be presumed that the Government has not done all
that it should to promote the values reflected in the Convention generally, and
in article 29 (1) in particular.
Appropriate additional measures under article 29 (1) should
therefore be adopted which include research on and adoption of whatever
educational techniques might have a positive impact in achieving the rights
recognized in the Convention.
25. States parties should also consider
establishing a review procedure which responds to complaints that existing policies
or practices are not consistent with article 29 (1). Such review procedures need not necessarily
entail the creation of new legal, administrative, or educational bodies. They might also be entrusted to national
human rights institutions or to existing administrative bodies. The Committee requests each State party when
reporting on this article to identify the genuine possibilities that exist at
the national or local level to obtain a review of existing approaches which are
claimed to be incompatible with the Convention. Information should be provided as to how such reviews can be
initiated and how many such review procedures have been undertaken within the
reporting period.
26. In order to better focus the process of
examining States parties’ reports dealing with article 29 (1), and in
accordance with the requirement in article 44 that reports shall indicate
factors and difficulties, the Committee requests each State party to provide a
detailed indication in its periodic reports of what it considers to be the most
important priorities within its jurisdiction which call for a more concerted
effort to promote the values reflected in this provision and to outline the
programme of activities which it proposes to take over the succeeding
five years in order to address the problems identified.
27. The Committee calls upon
United Nations bodies and agencies and other competent bodies whose role
is underscored in article 45 of the Convention to contribute more actively
and systematically to the Committee’s work in relation to
article 29 (1).
28. Implementation
of comprehensive national plans of action to enhance compliance with
article 29 (1) will require human and financial resources which
should be available to the maximum extent possible, in accordance with
article 4. Therefore, the
Committee considers that resource constraints cannot provide a justification
for a State party’s failure to take any, or enough, of the measures that are
required. In this context, and in light
of the obligations upon States parties to promote and encourage international
cooperation both in general terms (articles 4 and 45 of the Convention)
and in relation to education (art. 28 (3)), the Committee urges
States parties providing development cooperation to ensure that their
programmes are designed so as to take full account of the principles contained
in article 29 (1).
Notes
1 In this regard, the Committee takes note of
General comment No. 13 (1999) of the Committee on Economic, Social and
Cultural Rights on the right to education, which deals, inter alia, with
the aims of education under article 13 (1) of the International
Covenant on Economic, Social and Cultural Rights. The Committee also draws attention to the general guidelines
regarding the form and contents of periodic reports to be submitted by States
parties under article 44, paragraph 1 (b), of the Convention
(CRC/C/58, paras. 112‑116).
2 United Nations Educational, Scientific
and Cultural Organization, Learning:
The Treasure Within, Report of the International Commission on
Education for the 21st Century, 1996 pp. 16‑18.
3 United Nations Educational, Scientific
and Cultural Organization, The Salamanca Statement and Framework for Action
on Special Needs Edgucation, 1994, p. viii.
4 See general comment No. 5 (1994) of the
Committee on Economic, Social and Cultural Rights on persons with disabilities.
5 See the recommendations adopted by the
Committee on the Rights of the Child after its day of general discussion in
1998 on children living in a world with HIV/AIDS (A/55/41, para. 1536).
6 See General Assembly resolution 49/184
of 23 December 1994 proclaiming the United Nations Decade for
Human Rights Education.