Does everyone have the right to an education? IGCSE Global Perspectives

International law and the right to education The right to education has been recognised since the Universal Declaration of Human Rights (UDHR) in Article 26 of the Declaration proclaims that: ‘Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory…education shall be directed to the full development of human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among racial or religious groups…’.

The right to education has been enshrined in a range of international conventions, including The International Covenant on Economic, Social And Cultural Rights (ICESCR, 1966), The Convention on the Elimination Of All Forms Of Discrimination Against Women (CEDAW, 1979) and more recently, The Convention On The Rights of The Child (CRC, 1989). It has also been incorporated into various regional treaties. Many countries have also made provisions for the right to education in their national constitutions.

While the right to education is universally recognised, the way it is interpreted at the national level differs substantially. This means that although every human being holds the same right regardless of any national law, the ways of securing this right vary greatly from location to location. For example, in some countries the right to education may be legally enforceable through national legislation, while in others it will be important to look to international law and standards.

The Right to Education in Serbia

Every person has the right to education. The citizens of the Republic of Serbia are equal in exercising their right to education, regardless of gender, race, ethnic, religious, language, social or cultural background, financial status, age, physical and psychological constitution, developmental impairments or disabilities, political views or another personal features.

Persons with developmental impairments and disabilities are entitled to education which takes into consideration their educational needs, within the regular education system, within the regular system with additional individual or group assistance, or in special preschool groups, or at special schools, in accordance with this and pertaining laws. Persons with exceptional abilities are entitled to education which takes into consideration their special educational needs, within the regular system, within special classes, or at special schools, in accordance with this and pertaining laws. Foreign citizens and persons without citizenship are entitled to education under same conditions and in the same manner as stipulated for citizens of the Republic of Serbia.