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Child’s Right to Education

Child's Right to Education


Every child has the right to education, regardless of social status or economic background. Education is not just a privilege; it’s a fundamental right that every child should be able to exercise. It brings immense benefits to individuals and society, from reducing poverty to promoting gender equality and fostering innovation. This blog post will explore why access to quality education is crucial for every child’s development and how we can ensure that children receive their rightful education despite any challenges. So let’s get started!

What is the Child’s Right to Education?

The federal constitution enshrines the child’s right to education in the United States. The US Constitution’s first amendment protects Americans’ right to exercise their religion freely. This includes the request of parents to send their children to religious schools if they so choose. Additionally, the 14th amendment provides for equal protection under the law, which has been interpreted by the Supreme Court to guarantee all children a free public education.

Essentially, every child in the United States is entitled to receive a free public education without regard to their ethnicity, religion, immigration status, or any other factors. This right has been affirmed by various legal rulings and is a crucial element of American culture.

The right to free public education for all children in America has a few exceptions. For example, children with special needs may require specialized educational programs not available in public schools. Parents may consider private schools or homeschooling options that can better meet their child’s needs. Additionally, some parents may enroll their children in private schools even though they are eligible for free public education. This decision is often based on religious or philosophical beliefs.

The Child’s Rights Convention

All of a child’s fundamental rights are outlined in the Convention on the Rights of the Child, an international accord. The UN General Assembly ratified the Convention in 1989, and came into force in September of the same year. As of December 2018, 196 states had ratified it.

According to the Convention on the Rights of the Child, everyone over 18 is a child. The agreement establishes four key principles:

  • Non-discrimination
  • Commitment to the child’s best interests
  • The privilege of being, survival, and development
  • Sensitivity to a child’s viewpoints
  • The treaty spells out several specific rights that all children are entitled to, including:
  • – The right to education
  • – The right to health care
  • – The right to be safeguarded from violence, abuse, and neglect
  • – The ability to take part in decisions that will impact them
  • The right to education in national and international law
  • The right to education has been enshrined in various international and national instruments. According to the International Declaration of Human Rights (Article 26), every person has a right to education. At the same time, the International Covenant on Economic, Social, and Cultural Rights affirms the right of everyone to free, compulsory primary education (Article 13).
  • At the national level, many countries have incorporated the right to education into their constitutions. For example, Article 28 of the Constitution of India provides that all citizens shall have the right to free and compulsory education until the age 14.
  • Despite these legal protections, millions of children worldwide do not have access to quality education. According to UNESCO, over 260 million children and youth are out of school. Reasons for this include poverty, conflict, discrimination against girls and other marginalized groups, and inadequate infrastructure.
  • Governments are responsible for ensuring that all children have access to quality education. This includes providing resources and support for schools, teacher training, and educational materials. It also requires ensuring that schools are safe places for learning, free from violence and discrimination.
  • The scope of the right to education
  • Every child is entitled to free, compulsory primary and secondary education as part of their fundamental human right to education. This right is affirmed by Article 26 of the International Declaration of Human Rights. “education shall be free, at least in the elementary and fundamental stages.”
  • The significance of the right to education has been increasingly acknowledged in recent times. It is a fundamental human right and a crucial prerequisite for enjoying other rights and actively participating in society. The “right to education is vital for achieving practically all human rights,” according to the Committee on Economic, Social, and Cultural Rights, which oversees the application of the ICESCR.
  • The Committee has also clarified that the right to education includes a progressive realization of the request. This means that States are obliged to take steps towards providing free primary and secondary education for all children, even if they cannot immediately give this education to everyone. In its General Comment No. 13 on the right to education, the Committee explains:
  • Progressively realizing the right to education requires States parties to take appropriate measures within their available resources to learn this rightfully… Such measures may include… financial assistance programs directed towards ensuring access by all children to free primary schooling and reducing barriers to passing at all levels of educational institutions.
  • Who is entitled to the right to education?
  • Education is a fundamental human right and is essential for the empowerment of individuals and the development of societies. One of the main human rights is the right to education, as set out in Article 26 of the Universal Declaration of Human Rights. It says that “everyone has the right to education.” In addition, the International Covenant on Economic, Social, and Cultural Rights recognizes the right to education as a fundamental human right.
  • The right to education includes free and compulsory primary education for all children and access to secondary education, vocational training, and higher education. It also has the right to receive an adequate quality of education.
  • Everyone is entitled to the right to education, regardless of race, religion, ethnic background, or social status. However, certain groups of people are often excluded from accessing educational opportunities. These include women, girls, minorities, disabled persons, refugees, and migrants.
  • Countries need to ensure that everyone has access to quality education to realize their full potential and contribute to society. States are responsible for ensuring that everyone enjoys the right to education by making primary and secondary schooling free and compulsory. They should also provide scholarships and other financial assistance for students from disadvantaged backgrounds.
  • The content of the right to education
  • Every child has the fundamental human right to receive a quality education, which is ensured by the right to education. The content of the right to education includes the right to free and compulsory primary education and the right to access secondary, tertiary, and vocational education. The right to education also encompasses the right to receive an adequate and quality education that meets the child’s needs and prepares them for life.
  • For a child to fulfill their potential and reach their full human rights, they need access to affordable quality education that meets their individual needs. Unfortunately, millions of children worldwide are still denied their right to education. This is often due to poverty, discrimination, or armed conflict. We must continue to fight for every child’s right to an education so they can have a chance at a better future.
  • The realization of the right to education
  • All children are entitled to the fundamental human right to education. It is the responsibility of governments to ensure that all children have access to quality education.
  • Even though the right to education is enshrined in international law, millions of children worldwide are still denied this basic right. In many countries, girls are especially disadvantaged when it comes to education.
  • There are several reasons why children cannot realize their right to education. Poverty is one of the main barriers to education. In poor families, parents often cannot afford to send their children to school or pay for school supplies.
  • Conflict and natural disasters can also disrupt children’s access to education. Schools are often destroyed or closed down in conflict-affected areas, and teachers flee. This leaves children with no way to continue their schooling.
  • Another obstacle to education is child labor. Many children are forced to work instead of going to school. Often, they work long hours for little pay in hazardous conditions.
  • Governments must provide all children with access to quality education. They need to invest in educational infrastructure and trained teachers to make this happen. They also need policies and programs that target disadvantaged groups, such as girls and children from poor families.
  • The benefits of the Right to Education Act
  • In India, the Right of Children to Free and Compulsory Education Act, or the ‘Right to Education Act,’ was passed in 2009, which guarantees the right of every child between the ages of 6 and 14 to free and compulsory education. The RTE act is a path-breaking legislation that promises inclusive education for all children in India.
  • The benefits of the RTE act are many. It ensures that every child has access to quality education regardless of socioeconomic background. It also lays down strict guidelines for school infrastructure and teacher qualifications, which helps to improve the overall quality of education in government schools. Additionally, the act provides 25% reservation in admission for children from economically weaker sections in private schools. This helps to ensure that children from all strata of society have access to good quality education.
  • Implementing the RTE act has led to an increase in enrolment rates in primary schools across India. Government school enrolment increased by 5% between 2010-11 and 2011-12, the first year of RTE implementation, as per the Ministry of Human Resource Development data. This is a significant achievement considering enrolment had stagnated for many years before RTE.
  • The RTE act has also helped to improve learning outcomes for children. A study by Pratham, an NGO working in the field of education, found that there was a significant improvement in reading and arithmetic skills among children in grades 3
  • Criticisms of the Right to Education Act
  • There are several criticisms of the Right to Education Act. One is that it does not guarantee equal access to education for all children, as some private schools are exempt from following the Act. Additionally, critics argue that the Act does not do enough to improve the quality of education in India and fails to address issues such as teacher accountability and infrastructure development.
  • Conclusion
  • In conclusion, every child has the right to education and should be provided with access to it. Education is essential for developing children’s potential and providing them with the skills necessary for success. 
  • Governments must ensure that all children have equal opportunities by investing in quality public schooling systems, eliminating discrimination, and providing available resources for all learners regardless of gender or social background. By taking appropriate measures early on, we can help build stronger generations of future leaders who will contribute positively towards a brighter tomorrow.


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