“ Education is power. Education is the future. Education makes us who we want to be.
Muzoon Almellehan, UNICEF Goodwill Ambassador
The right to education
Education is a fundamental human right, and it is essential for human development as well as for the realisation and enjoyment of other rights. Article 26 of the Universal Declaration of Human Rights (UDHR) establishes that everyone is entitled to education and that at least for primary education, it should be free and also compulsory. Article 2 of Protocol No.1 of the European Convention on Human Rights (ECHR) guarantees an individual right to education and the right of parents to have their children educated in conformity with their religious and philosophical convictions. Article 28 of the UN Convention on the Rights of the Child (CRC) recognises the right of the child to education and the obligation of the state to make primary education compulsory, available and free to all, to encourage the development of different forms of secondary education available and accessible to every child, and to make higher education accessible to all on the basis of capacity. While education is a right, at the same time, it is an obligation for the rights-holders, the children. Education is a process that prepares children to be autonomous, responsible and active citizens when they grow up. Every element of this process is equally important while all of it is interconnected and part of a bigger picture. For instance, non-formal education often complements the role of formal education, such as in relation to the development of social skills of children, promoting social inclusion, preventing harmful behaviours or improving young people’s participation and access to social rights.
Access to education can be jeopardised by several factors such as poverty, social exclusion, discrimination and de facto segregation. Children belonging to vulnerable or disadvantaged groups might face obstacles in getting enrolled at schools, in physically accessing buildings or in getting textbooks and school supplies. These educational inequalities were amplified by the COVID-19 crisis when all countries in Europe changed to distance learning using information and communication technology.
Governments have the primary responsibility to ensure access to education for every child and take all the necessary measures to eliminate these barriers. Historically, the legislation to combat child labour and to introduce compulsory education developed together and reinforced each other. Children above a certain age, depending on the national laws, have the ‘right to work’, but in the case of children, this right is subject to limitations in order to provide protections against excessive or dangerous work. Gaining an education is considered the priority for children, and work should not interfere with this, neither with their right to rest, leisure nor play. Nevertheless, some children work in order to support their family, and other children work in the holidays or after school in order to earn pocket money. Such work can itself be an important life experience with a strong educational function, although children do need to be aware of laws protecting them from abuse, and from activities that might be dangerous or harmful to their health.
The Revised European Social Charter lists several measures to ensure effective exercise of the rights of children and young people to protection. The minimum age of employment should be 15 years, with exceptions of light work without harm to the children’s health, morals or education, while children
under the age of 18 should not be employed in occupations regarded dangerous or unhealthy, or in night work. Children, who are still subject to compulsory education, should not be employed in such work as would deprive them of the full benefit of their education. The working hours of children under the age of 18 years should be limited in accordance with the needs of their development, and particularly with their need for vocational training, and they should be entitled to a minimum of four weeks’ annual holiday with pay.
What is the age of compulsory education in your country?
What is the minimum age of employment in your country? Is there any relationship between the two regulations?
Quality education
The first UN Special Rapporteur on the right to education, Katarina Tomasevski, stressed that education should be available and accessible to all, adaptable to the needs of the learner, the local context and the changing needs of society, and offered at an acceptable standard. The quality of education is an issue that has been challenged on several occasions at national courts as well as in front of the European Court of Human Rights. Therefore, the Council of Europe defined “quality education” and the obligations of the member states in relation to that. These standards apply to the provision of both public and private education.1
Equality of opportunity: Quality education should be inclusive and give all students access to learning, particularly those in vulnerable or disadvantaged groups, and should be adapted to their needs as appropriate. This should be understood as encompassing access to the education system as well as the enjoyment of conditions of teaching and learning which reasonably enable students to successfully complete the education programmes in which they are enrolled. Therefore, special measures are needed to ensure quality education to certain groups of children, in the form of equipment or resources. Deaf children, for example, have the right to reasonable adaptation to help them learn, such as the use of sign language in classes, or the provision of hearing aids and interpreters whenever needed. All children with special needs have a right to similar adjustments so that they can attend mainstream schools while having equal opportunity to learn and succeed. Equality of opportunity in education also requires attention to other factors, such as the child’s mother tongue, homework conditions, access to books, and any learning difficulty. Representation is an important aspect in this sense. Children who identify with one or more minority groups should see members of their groups in the textbooks, on the school wall. The history of diverse minority groups should be studied by all children. Schools need to incorporate such support mechanisms if they are to address equality of opportunity properly. In some cases, it can be justifiable to educate children separately if their needs cannot be accommodated in the ordinary educational system or upon the request of the parents (such as religious or minority education). Notwithstanding, segregated education of lower standard than that offered to other students and with discriminatory effects, as is often the case for the Roma, is always unlawful.
Education for the full development of the human personality: Quality education develops the student’s personality, talents and mental and physical abilities to their fullest potential and encourages them to complete the educational programmes in which they enrol. It enables them to develop appropriate competences, self-confidence and critical thinking to help them become responsible citizens and improve their employability. The aims of education are the promotion of democracy, respect for human rights and social justice in a learning environment, which recognises everyone’s learning and social needs; it therefore passes on universal and local cultural values to students while also equipping them with decision-making abilities. This approach is in accordance with the UDHR that explicitly states that education should aim at “the full development of human personality, the respect of human rights and understanding and peace among the nations of the world”. Similarly, the CRC states that “the education of the child shall be directed to … 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” (Article 29). The Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education emphasises the importance of including human rights and democracy in the programmes of both formal and non-formal education.2
Further conditions of teaching and learning: Quality education shall be ensured in a safe, non-violent learning environment where the rights of the students are respected by qualified teachers who are committed to continuous professional development. It is important for the purpose of education that it shall certify outcomes of formal and non-formal learning in a transparent way, based on fair assessment enabling acquired knowledge and competences to be recognised for further study, employment and other purposes.
Emerging challenges
In Europe, barriers hindering children’s access to universal and quality education persist. Certain groups of children are at higher risk of exclusion from education such as children with disabilities, children belonging to national minorities or indigenous groups, children with migrant background or children living in rural areas. While poverty and social exclusion are still the greatest barriers to education, new challenges are emerging that disproportionately affect children already lagging behind.
Compulsory education starts with primary education at the age of 6 or 7, while OECD countries are expanding access to early childhood education and reaching high enrolment rates at the age of 2 or 3.3 Research shows that the provision of quality early childhood education has a positive impact
on the overall development of children and reduces the chances of transmission of poverty and inequality from one generation to the next. Nevertheless, young people who drop out of school early are usually vulnerable due to their economically and socially disadvantaged background. In 2019, an average of 10.2% of young people (aged 18-24) in the EU were early leavers from education and training, and only 5.6% of young people at this age were neither in employment nor in education or training. The lowest proportion of early leavers are in city centres (9.1%), while it is higher in rural areas (10.7%), but higher still in towns and suburbs (11.2%).
The rapid and constant evolvement of information and communication technology is creating new opportunities but also challenges in education. Children are born as ‘digital natives’, where modern technology is part of their life. Digitalisation in education is important not only to tackle disengagement at school with innovative pedagogical solutions but also to adapt the curricula to the changing needs of society in order to provide children with the knowledge and skills necessary for a successful life. A vast range of information is available and accessible on the Internet; thus children need to learn how to search for information online and how to assess critically the content of such information. In order to do that, schools must improve not only the reading capacity of children but also critical thinking as an essential skill, for example, to identify fake news. Children need to be equipped with soft skills such as creativity, problem solving, flexibility, learning-to-learn and collaborative skills because schools are preparing them for jobs not created yet.
At the same time, digital inequalities are very strong across Europe and in every single village or city: not everyone can benefit from the high-tech solutions used to ensure continuity of online education. A lack of smart devices, lack of access to the Internet, and lack of digital skills on the side of both the
students and the teachers all contribute to vulnerable children falling behind their peers.
In 2019, the Committee of Ministers of the Council of Europe adopted a set of guidelines for its member states asking them to develop and promote digital citizenship education.4 The document recognises that the digital environment provides an unprecedented means for people to be able to express themselves, to assemble and participate, and it opens new opportunities for improving access and inclusion. The recommendation underlines the importance of empowering “learners” by providing them with the means to acquire the skills and competences for democratic culture, and also enable them to tackle the challenges and risks arising from the digital environment and emerging technologies.
The right to play and recreation activities
The importance of play and recreational activities for a child’s health and development is recognised as a fundamental right by Article 31 of the CRC. Play or recreation can take place in the child’s leisure time that is free from formal education, work or home responsibilities, and can be used as the child chooses. According to the UN Committee on the Rights of the Child, “environments in which play and recreational opportunities are available to all children provide the conditions for creativity; opportunities to exercise competence through self-initiated play enhances motivation, physical activity and skills development; immersion in cultural life enriches playful interactions; rest ensures that children have the necessary energy and motivation to participate in play and creative engagement”.5
Furthermore, the same Article of the CRC states that children have rights to participate fully in cultural and artistic life and they should be provided with appropriate and equal opportunities for cultural, artistic, recreational and leisure activities. Thanks to the involvement in a community’s cultural life, children inherit and experience the cultural and artistic life of their family, community and society, which helps them discover and shape their own sense of identity as well as to create new songs, dances, stories and paintings of their culture.
Playing, cultural and artistic activities are not simply about recreation and pleasure. These activities contribute to the development of a child’s autonomy and promote their interpersonal and intercultural skills. Through play and art, children can learn about key human rights principles, such as respect, dignity, equality, inclusion, fairness and co-operation. Sports also convey the social values of participation, co-operation, commitment, effort and positive competition. However, in order to maintain educational benefits, coaches and children alike must consciously use them for such purposes and be aware of the dangers that sports can present, especially when they become predominantly competitive.
Still, several challenges hinder the realisation of this right, including the lack of recognition of the importance of play and recreation on behalf of the state, professionals working with children, parents and care-givers. Children are under pressure to achieve formal academic success; their school schedules and homework leave minimum time for leisure; cultural or artistic activities are neglected subjects. Many children have no access to safe, inclusive spaces close to their homes, including green spaces like parks, gardens or forests, or they are excluded from the use of public spaces because of restrictions imposed on children.
What is the age of compulsory education in your country?