Right to education interpreted as a human right
INTRODUCTION
The Universal Declaration of Human Rights, is a main reference as a source of law, since those states signed to this declaration guarantee and respect the inherent powers of every human being, only by the fact of being so.
The SAR, defines the word education as that “training aimed at developing the intellectual, moral and affective capacity of people in accordance with the culture and norms of coexistence of the society to which they belong."
Education is considered vital for social, economic, social and cultural development, of a society.
This is considered a fundamental human right, being one of the principles that supports the “World Education 2030”, as well as the Sustainable Development Objective 4 (SDG 4). Despite the importance that is applied, this right today does not yet have global access, with this I mean that not all children, or adults sometimes have education or quality education.
CONTENTS
Literacy is the fundamental beginning for education. It is here, where children learn to read and write thanks to primary education and the support of parents, allowing the child or person without education to continue their training and integrate into secondary and subsequently higher education.
Characteristics of the right to education.
- Adaptability: It refers to the fact that educational programs must adact to changes in society.
- Availability: there must be educational schools and institutions that cover the entire population.
- Accessibility: Access to education should not be prohibited from anyone, already has a different skin or religion color
- Acceptability: Study programs have to be accepted by law holders, students and parents must also be adequate and of good quality.
SCOPE
The scope of the right to education is that it should be accessible to the entire population of a country, otherwise today in many countries where a public expense is appreciated in education, for example in the Democratic Republic of the Congo where in the year 2017 a 1 was recorded.47%; And it is not for being the African contine.3% investment, in addition to a policy of non -discrimination against women in educational centers.
Seeing the reality of our country, although it is true with the creation of “emblematic schools”, a slight quality of improvement in terms of environments was seen, I say light since it did not cover the entire needs of the country in the education sector, and That the INEI in 2017 estimated that 4% of children between OS 5 and 11 years do not attend an educational center, which ubn 16% of children studying high school has to work.
According to the Ministry of Education (2018), 32.2% of the total population under 5 years, is attended by the education system, 2.5% of minors between 0-3 years receive attention. In the rural area 98% of schools are state management, they also offer mostly primary education, 73.5%. Initial education is offered only by 17% of educational centers.
The jurisprudence of the European Court of Human Rights
The European Court recognizes freedom of education in a specific context: in a democratic society
- ‘Democracy is not reduced to the constant supremacy of the opinion of the majority, orders a balance that guarantees fair treatment to minorities and prevents the abuse of a dominant position‘
- The European Court of Human Rights emphasized in another case, where the two phrases of article 2 (access to education and freedom of education) must be read together, therefore, you cannot talk about access to education, without touching without Freedom of teaching or differentiating between public and private education. Freedom of teaching is understood as a means to guarantee an essential pluralism for a democratic society.
- It is about the fundamental right to instruction that the law of parents is grafted to respect their religious and philosophical beliefs and the first phrase does not distinguish more than the second between public education and private education. The second sentence of article 2 of the first protocol aims to safeguard the possibility of pluralism in education, essential for the preservation of ‘democratic society’ as conceived by the Convention.
To make it clear that states not only have legal obligations towards the schools it directs, the court would point out that states must guarantee equality and access to formal educational centers, regardless of whether this is public or not:
- ‘States parties recognize the right of the child to education and, so that it can be exercised progressively and in conditions of equal opportunities … implement compulsory and free primary education for all … foster development, in its different forms, of Secondary education, including general and professional education, make all children have it and have access to it and adopt appropriate measures such as the implementation of free education and the granting of financial assistance if necessary … do teaching superior accessible to all ..
Make all children have information and guidance in educational and professional matters … Adopt measures to promote regular assistance to schools … States parties agree that child’s education must be aimed … Develop personality, skills and capacity Mental and physical of the child to the maximum of their possibilities … instill the child respect for human rights and fundamental freedoms … instill the child respect for their parents, their own cultural identity, their language and their values, of the national values of the country ..
Conclusions
The fundamental right to education is a requirement in the 21st century, since it maintains a character as an authentic fundamental human right.
In Peru there are still no improvements in the education sector, on the contrary, there is a deficit due in part to the centralism of Lima, since in rural areas education is even lower quality than in our capital city.
By recognizing this right, it should not only be limited to transmitting knowledge, but to meet requirements such as material, a sustainable place, quality teachers, mostly free access since education, as mentioned before, I consider that it is a Important Pilar for the future of the country.
BIBLIOGRAPHY
- Calderón Sumarriva, Ana and Águila Grados, Guido (2002) The ABC of Human Rights. Lima: San Marcos Editorial.
- UN (1966) International Pact of Economic, Social and Cultural Rights. Internet services section | United Nations Public Information Department. Taken in October 2011. Available on the Internet http: // www.Cinu.org.MX/UN/DOCUMENTS/PIDESC.htm
- https: // www.Humanium.org/es/right-educational/
- http: // www.Scielo.org.MX/Scielo.PHP?Pid = S1405-66662009000100012 & script = sci_arttext & tlng = in
- https: // is.UNESCO.org/Themes/Law-E-EDUCATION
- http: // www.human rights.UNLP.Edu.AR/ASSETS/FILES/DOCUMENTS/INDICATORS-DEL-RECHE-A-LA-EDUCATION.PDF
- https: // data.world Bank.org/indicator/se.XPD.TOTL.GD.Zs?END = 2018 & LOCATIONS = CD-KR-CI & NAME_DESC = FALSE & START = 2007
- http: // climb.MINEDU.Gob.pe
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