1. A Rights-Based Approach to EFA

2. EFA MDA and RBA “The EFA MDA takes a rights-based approach to education, referring to relevant standards contained in international human rights law to assist duty-bearers (usually the National Government) in meeting their obligations and rights-holders to claim their rights.”

3. Defining the Right to Education* INSTRUMENTS YEAR REF  Universal Declaration of Human Rights 1948 Art. 26  UNESCO Convention Against Discrimination in Education 1960  International Convention on the Elimination of All Forms of 1965 Art. 5 Racial Discrimination  International Covenant on Economic, Social and Cultural Rights 1966 Art. 13  ILO Convention on the Minimum Age for Employment 1973 Art. 7  Convention on the Elimination of All Forms of Discrimination Against Women 1979 Art. 10  Convention on the Rights of the Child 1989 Art. 28,29  Draft Convention on the Rights of Persons with Disabilities 2006 Art. 24 *The above are all legal-binding instruments

4. Framing the International Community’s Commitment to the Right to Education -The right to education codified in the international human rights instruments translated to action-oriented statements and frameworks which comprise the EFA movement:  The World Declaration for Education for All (1990)  The Salamanca Statement and Framework for Action (1994)  The Dakar Framework for Action (2000)

5. What is a Rights-based Approach to Education?  Ensures that all development activities further the realisation of the right to education  Is built on human right principles: participation, accountability, empowerment, inclusion and non-discrimination  Insists that no right can exist without a corresponding governmental obligation to respect, protect, and fulfil the right to education the government and its institutions, as duty-bearers the child, as rights-holder parents, as representatives of the child and as duty-bearers teachers, as both rights-holders and duty-bearers

6. Government obligations - To fulfill the right to education – by ensuring that education is available for all children, and that positive measures is taken to enable learners to benefit from it. - To respect the right to education – by avoiding any actions which would serve to prevent learners access education. - To protect the right to education – by taking the necessary measures to remove barriers to education posed by individuals and/or communities.

7. Governmental Obligations Relevant to Education in a 4-A Scheme  Availability the right to free and compulsory education to all school-age children up to minimum age of employment the right to the establishment of schools respect parental freedom to choose education for their children –fiscal allocations matching human rights obligations –schools matching school-aged children (number, diversity) –teachers (education & training, recruitment, labour rights, trade union

8. Governmental Obligations Relevant to Education in a 4-A Scheme (cont.) Accessibility progressively expanded access to post-compulsory education as circumstances permit elimination of exclusion from education based on internationally prohibited grounds of discrimination eliminate gender and racial discrimination in education –elimination of legal and administrative barriers –elimination of financial obstacles –identification and elimination of discriminatory denials of access –elimination of obstacles to compulsory schooling (fees, distance, schedule)

9. Governmental Obligations Relevant to Education in a 4-A Scheme (cont.)  Acceptability to set minimum standards for the learning materials, methods of instruction, school discipline, health and safety, and professional requirements for teachers to improve the quality of education by ensuring that the entire education system conforms to all human rights standards –parental choice of education for their children (with human rights correctives) –enforcement of minimal standards (quality, safety, environmental health) –language of instruction –freedom from censorship –recognition of children as subjects of rights

10. Governmental Obligations Relevant to Education in a 4-A Scheme (cont.)  Adaptability to design and implement education opportunities for children excluded from formal schooling adapt the education system to the best interests of each child, especially those from disadvantaged groups to apply the principle of indivisibility as guidance to advance human rights through education –children with disabilities –minority children –indigenous children –working children –child migrants, travelers –elimination of child marriage –elimination of child labour

11. Outline of a Rights-based Approach to Education 1.Causality analysis – what rights are violated and why? Who is not getting educated – where are they, and why are they excluded? 2.Assessment of roles/patterns – who should do what to protect and fulfil the right to education? 3.Analysis of capacity gaps – whose capacity, in what, needs to be developed to ensure this right? 4.Action – who has to do what to ensure this right? 5.Programme of cooperation – how can partnerships assist in this process?

12. Value added focuses on the individual as a subject of rights and who has claims on those who have duties and obligations implies clear accountabilities requires attention to both outcome and process gives more attention to exclusion, disparities and injustice, and addresses the basic causes of the problems focuses on institutional reform and national policy review can be used to challenge power imbalances and inequality promotes the rule of law (stops impunity and corruption, ensures access to justice, etc.)

13. Thank you for your attention!