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Scope of Article 28

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Chapter Summary

The right to receive education constitutes the core of the right to education under international human rights law. The CRC Committee hence stresses that vocational education should also be promoted for disabled children and juvenile offenders. Although this article does not explicitly provide the child with a right to education in his or her own language, the CRC Committee used it to stress the importance of multilingual education in the realisation of the right to education of children belonging to a minority or indigenous population. Juvenile offenders are another category, which is often denied appropriate education. Therefore Article 40(4) of the CRC explicitly guarantees that educational programmes must be made available for juvenile delinquents. Both the CRC Committee and the CESCR Committee maintain that States Parties have an obligation to ensure that their actions as members of international organizations, take due account of the right to education.

Keywords: Article 28; CESCR committee; CRC committee; juvenile offenders

10.1163/ej.9789004147294.i-70.9
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