Education as a Fundamental Human Right

Monday, April 11, 2011
By Indira Pal

Image by Sambach, Curtesy wikimedia commons

The right to education is classified under economic, social, and cultural rights (ESCR).[i] Although both civil and political rights (CPR) and ESCR are mutually reinforcing, international human rights organizations and developed countries solely recognize CPR and think of ESCR as mere entitlements.[ii] Consequently, education is not recognized as a fundamental human right.  Education yields human, political, social, and economic benefits.[iii] Because each of these benefits is essential to the progress of human rights, this paper refutes the notion that education is an entitlement, and argues that education should be regarded as a fundamental human right, because it spurs economic development, reduces poverty, and enhances CPR.

Education as a Fundamental Human right

The right to primary education is recognized in both the Universal Declaration of Human Rights and the UN International Covenant of Economic Social and Cultural Rights.  Despite the refusal of developed countries to accept ESCR as a fundamental right, Peter Uvin agrees that “there is no way to separate human rights from economic and social improvements”:  both goals are achieved through increased education and literacy.[iv] For the purpose of this paper, the right to education and literacy is defined in accordance with the World Declaration of Education for All initiative.[v] Outlined below are key reasons in support of the argument.

Economic Growth

Primary education is a costly expenditure by government; however, it should be viewed as an investment in human capital.  Human capital theory posits the notion that education is an investment which produces increased income in the future, and increases employment and economic growth.[vi] Creation of public primary education spurs economic development while raising income levels.[vii] Ripple effects of higher incomes are witnessed as citizens have access to better health care and basic necessities and thereby reduce their capability deprivation.[viii]

Economic growth, education, and employability are interconnected. Education achieves economic development by creating a more skilled and employable populace.[ix] The benefits of universal education is evidenced in Western Europe and Asian Tiger countries, such as Singapore and South Korea, that have democratic governments, good human rights records, and a very high literacy rate.[x] Conversely, Sub-Saharan Africa and Western Asian countries have the lowest literacy levels while having bad human rights records and high poverty rates.[xi]

Poverty Reduction

Lack of education and literacy are strongly correlated with poverty,[xii] and both are crucial in helping people escape the poverty trap.  Improving literacy levels also increases life expectancy, reduces child mortality, and contributes to a better standard of living.[xiii] Also, lack of confidence and personal empowerment are factors that lead to capability deprivations associated with poverty.[xiv] Fortunately, they can be remedied through education, because literacy is directly tied with increasing such human benefits.[xv] Literacy and education strengthens the capabilities of individuals to access primary health care, political, and economic opportunities.[xvi] Each of these capabilities reduces poverty.

Enhanced Democratization

Although only CPR are regarded as fundamental human rights, education serves as a tool to enhance CPR and increase civic engagement.  Uneducated people are unaware of their rights.[xvii] Their illiteracy limits their opportunity to become acquainted with their entitled rights and to demand proper treatment and rights from their governments.[xviii] Corrupt and despotic regimes rely on illiterate people, because they are easier to oppress.[xix] Those who are educated can defend and demand their legal rights, and thus, are harder to oppress and take advantage of compared to illiterate citizens.  In fact, education leads to a more effective democratization process.  Educated people participate more actively in civic engagements, have more democratic attitudes, and exercise their right to suffrage, because they are aware of their rights.[xx]

More than an entitlement

Branding education as an entitlement ignores the long terms benefits that guaranteed education can bring to the population of a country.  Despite the aforementioned benefits of education, one reason why the right to education is classified as an entitlement instead of a right is because it is a positive right that requires government to undertake costly action.[xxi] However, education is an investment that leads to increased benefits in the long term.  The economy grows through ripple effects created by education, because an educated workforce earns higher wages.[xxii] Higher wages result in a higher tax base for the government.  Thus, education is a high value investment, because the net present value of cash flows spent on education is always positive.

David Beetham says that for an entitlement to be a right it must satisfy a number of conditions:

1)  “It must be fundamental and universal.”[xxiii] Education is fundamental and universal, because it is applicable to all citizens, and it functions as a means to a larger end and long term benefits.

2) “It should be clear who has the duty to uphold or implement the right.”[xxiv] The primary duty holders can be the government with funding assistance from developmental NGOs.

3) “It must be definable in justiciable form.”[xxv] The Education for All initiative provides the definition for education and literacy.

4)  “The responsible agency should possess the capacity to fulfill its obligation.”[xxvi] States, with additional funding help from NGOs and IGOs, can fulfill their obligation to their citizens i.e. Uganda and Tanzania.[xxvii]

Conclusion

Education, by itself, is not the sole solution that will remedy all social ills; however, it is an essential factor that helps to overcome these hurdles.  Usually, the poorest and least literate are the ones whose rights are violated the most.  Their illiteracy denies them a voice and keeps them from holding their government accountable for violating their human rights.  Education; however, allows humans to escape the poverty trap, improve their standard of living through economic growth, and enhance their CP rights. 


[i] Uvin, Peter.  Human Rights and Development. Conneticut:  Kumarian Press, 2004. P 14

[ii] Uvin, Peter.  Human Rights and Development. Conneticut:  Kumarian Press, 2004. P 14

[iii] UNESCO.  “EFA Global Monitoring Report:  Literacy for Life.”  2006. P 138. http://unesdoc.unesco.org/images/0014/001416/141639e.pdf

138

[iv] Uvin, Peter.  Human Rights and Development. Conneticut:  Kumarian Press, 2004. P 123

[v] UNESCO. “World Declaration on Education for All. 1990. http://www.unesco.org/education/pdf/JOMTIE_E.PDF

[vi] Martinez, Rodrigo and Fernandez, Andres.  “The Social and Economic Impact of Illiteracy:  Analytical Model and Pilot Study.”  UNESCO 2010.  P 9

[vii] Sen,  Amartya.  Development as a Freedom. New York:  Random House, 1999. P 40

[viii] Sen,  Amartya.  Development as a Freedom. New York:  Random House, 1999. P 90

[ix] McMillan, K. Leah.  “What’s in a Right?  Two Variations for Interpreting the Right to Education.” International Review of Education Vol 56, No. 5(December 2010):  537

[x] U.S State Department 2009 Human Rights Report.

[xi] UNESCO.  “EFA Global Monitoring Report:  Literacy for Life.”  2006. P 18. http://unesdoc.unesco.org/images/0014/001416/141639e.pdf

[xii] UNESCO.  “EFA Global Monitoring Report:  Literacy for Life.”  2006. P 31. http://unesdoc.unesco.org/images/0014/001416/141639e.pdf

[xiii] UNESCO.  “EFA Global Monitoring Report:  Literacy for Life.”  2006. P 145. http://unesdoc.unesco.org/images/0014/001416/141639e.pdf

[xiv] Sen,  Amartya.  Development as a Freedom. New York:  Random House, 1999. P 95

[xv] UNESCO.  “EFA Global Monitoring Report:  Literacy for Life.”  2006. P 22. http://unesdoc.unesco.org/images/0014/001416/141639e.pdf

[xvi] UNESCO.  “EFA Global Monitoring Report:  Literacy for Life.”  2006. P 31. http://unesdoc.unesco.org/images/0014/001416/141639e.pdf

[xvii] Martinez, Rodrigo and Fernandez, Andres.  “The Social and Economic Impact of Illiteracy:  Analytical Model and Pilot Study.”  UNESCO 2010.  P 7

[xviii] Martinez, Rodrigo and Fernandez, Andres.  “The Social and Economic Impact of Illiteracy:  Analytical Model and Pilot Study.”  UNESCO 2010.  P 8

[xix] Martinez, Rodrigo and Fernandez, Andres.  “The Social and Economic Impact of Illiteracy:  Analytical Model and Pilot Study.”  UNESCO 2010.  P 38

[xx] UNESCO.  “EFA Global Monitoring Report:  Literacy for Life.”  2006. P 139. http://unesdoc.unesco.org/images/0014/001416/141639e.pdf

[xxi] Uvin, Peter.  Human Rights and Development. Conneticut:  Kumarian Press, 2004. P 39

[xxii] UNESCO.  “EFA Global Monitoring Report:  Literacy for Life.”  2006. P 23. http://unesdoc.unesco.org/images/0014/001416/141639e.pdf

[xxiii] Beetham, David. “What Future for Economic and Social Rights,” Political Studies (1995), vol. XLIII.

[xxiv] Beetham, David. “What Future for Economic and Social Rights,” Political Studies (1995), vol. XLIII.

[xxv] Beetham, David. “What Future for Economic and Social Rights,” Political Studies (1995), vol. XLIII.

[xxvi] Beetham, David. “What Future for Economic and Social Rights,” Political Studies (1995), vol. XLIII.

[xxvii] Report of the Independent Expert on the Question of Human Rights and Extreme Poverty.  Arjun Sengupta. UN Doc. A/HRC/5/3, 31 May 2007. P 14.  ArjunSenguptaReport.pdf

© 2011, Indira Pal. All rights reserved.

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