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Comparison with Related International Human Rights Standards

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Chapter Summary

The main universal human rights instruments recognising the right to education are: Article 26 of the Universal Declaration of Human Rights (1948). Other universal instruments address specific aspects of the right to education or protect the right to education of particularly vulnerable groups. Article 28 of the CRC repeats most of the education rights guaranteed in the above mentioned International Bill of Rights and main regional instruments. The CRC reconceptualised the existing international education rights law from the child's perspective. Finally, Article 28(3) contains the most comprehensive and explicit call in an internationally binding human rights document to international cooperation in matters relating to education. The CESCR imposes stronger obligations to the States Parties at the three levels of education. This article provides that, if any standard set in national law or other applicable international instruments are higher than those of this Convention, it is the higher standard that applies.

Keywords: Article 28; CESCR; CRC; internationalhuman rights standards



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