Rights and Duties in Education - Literature review Example

Question 7: What are the rights and duties in education? Explain why everyone deserves the right to an education? Introduction Since the adoption of the Universal Declaration of Human Rights (UDHR) in 1948, human rights have become widely recognised and accepted in most parts around the world. This is evident through the embodiment of human rights in international documents, United Nations (UN) documents, regional agreements as well as national constitutions1. Although human rights are recognised globally, the rights and duties embedded in some of these rights are barely understand. Moreover, the justifications behind some of these rights have remained obscure2. Perry 1998 argues that “the fundamental challenge to each and every human rights claim … is a demand for reasons.3” The right to education is a good example of such as rights. The right to education is one of the fundamental rights recognised under Article 26 of the UDHR and Article 13 and 14 of the International Covenant of Economic, Social and Cultural Rights (ICESCR). This right is also recognised in numerous regional agreements and national constitutions4. However, despite of it being widely recognised its rights, duties and justifications have remained obscure5. This paper will examine the rights and duties in education. It will explain why everyone deserves the rights to education. Rights and Duties in Education The term education has been defined in a number of ways. According to the United Nations Educational Scientific and Cultural Organization (UNESCO), education is defined as a social process in which individuals or groups develop consciously their personal capacities, knowledge, aptitudes and attitudes for the benefit of their national and international communities. On the other hand, Beiter (2006) considers education to be a comprehensive process where knowledge, skills, beliefs, culture and other values are transmitted6 McCowan (2012) observes that rights in education are manifested in a number of ways7. These rights are evident in the specific provisions of the UDHR and the ICESR. For instance, Article 26 (1) of the UNDHR explicitly states that “Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit8” (UN 2014). This article further states that; parents have the right to choose the type of education that shall be given to their children9. In reference to these provisions, it is apparent that some of the rights in education include; first, right of children to free education at the elementary and fundamental stages. Secondly, right to fair and equal access of higher education. Thirdly, the right of parents decide their children’s education10. Moreover, this provision provides that the right to education is an entitlement of everyone regardless of age, gender, colour, creed or religion11. As far as safeguarding human rights, the state or the government plays a very crucial role. Generally the state has the duty of ensuring that all human rights are upheld. The state does this by taking an active role in ensuring that necessary measures are implemented in order to promote human rights or through non-interference. In relations to the right to education, the government has the duty of ensuring that every child has the opportunity of receiving free education at least in the fundamental or elementary stages. Secondly, the government has the duty of ensuring that education provided in schools aims at the full development of learner’s personality and potential. Thirdly, the government has the duty of ensuring that the right to education is exercised without discrimination in any form on the basis of sex, colour, race, religion, language or political affiliation. The government has the duty of ensuring that there is equitable distribution of resources in education across all regions. Moreover, the government has the duty of ensuring that higher education is accessible to all on the basis of merit. In addition to this, the government’s duty may involve a non-interference role in people’s right to education12. Drawing on Article 26 (2) of the UDHR which states that; “Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace”13, it is evident that the right to education imbues several duties to educators. This provision accentuates on the duties of educators to provide quality education that promotes the development of human personality, peace, tolerance and respect for human rights. In this regard, Doyle (1973) argues that in order for education to have an impact, it is of great importance that the duty of educators should center on providing adequate and positive support14. In line with the standards set in this provision, educators have the duty of ensuring education provided in schools aims at the full development of learner’s personality and potential. They also have the duty of every learner’s right of education is exercised without discrimination or interference in any form15. Doyle (1973) further argues that there exist a collective duty among all members of society to ensure that the right to education is upheld. He particularly points out that the older generation have a significant role to play as far as the education of the younger generation is concerned. The rationale behind this claim is that effective education cannot be wholly facilitated by parents, educators and the government alone. For instance, it is not possible for the government to completely fund all schools and students throughout their education. The efforts of individuals, private investors, learning institutions are foundations or charity organisations required in order to effectively uphold everyone’s’ right to education16. Why Everyone Deserves the Right to Education The right to education is considered as a human right, therefore all human beings are entitled to it regardless of gender, age, religion, ethnic, background, culture, geographic location or sexual orientation. Furthermore, the right to education is linked to the attainment of other rights embedded within the UDHR and other instruments. For instance, the attainment of rights such as the right to social, economic and cultural realisation is said to be highly dependent on the right to education17. This argument is based on the notion that human rights and responsibilities are co-dependent and inter-related such as that the fulfilments of one right hinges on the fulfillment of the other. Therefore, based on this notion everyone deserves the right to education so that they can enjoy their human rights in totality18. Beiter (2006) argues that everyone deserves the right to education mainly because education is prerequisite for developing and sustaining the ability to duly exercise the rights and duties of citizenship. In essence, it is through education that one is able to exercise their rights and duties accordingly. For instance, the right to vote requires one to make an informed decision about the suitability of candidate to elect based on their policies. Without education individuals may not be able to make informed decisions about which policies are suitable and which candidate to vote for. Similarly, without education one may be unable to exercise rights such as standing for public office since he or she lacks the ability to duly participate in political processes that shape the environment in which they live19. Similarly, McCowan (2012) notes that education is a conduit for rights. He argues that education is a necessary prerequisite for exercising one’s own right and all the other human rights20. Drawing on Article 26 (2) of the UDHR, it is clearly evident that everyone deserves the right to education because it is a means through which an individual can realise the full development of their personality and potential as a human being. In this regard, Riegel & Meacham (1994), argue that education plays a critical role in the development of personality and one’s overall potential. They note that educational environments can be considered as one of the strongest components that conditions a person life. Education exerts significant influence on a person’s behaviour tending to the formation of personality in a definite way21. In reference to a utilitarian perspective, everyone’s rights to education can be justified based on the effects or benefits that can be realized thereof. This perspective holds that an action can be justified based on whether it provides maximum benefits to all and reduces the negatives22. Over the years, a wide range of studies have provided compelling evidence showing the benefits of education in social, economics, cultural, and political spheres. Studies have shown that education plays a significant role in improving health23, citizenship24, earnings, civic outcomes25 and economic performance26. Based on these findings, it is plausible to argue that the right to education should be accorded to everyone so as to realise positive outcomes in society. Conclusion This paper has explored the rights and duties in education. It has further discussed why everyone deserves the right to education. Following a critical review of various relevant literature, it is established in this paper that, although the right to education is recognised in numerous regional agreements and national constitution, some of the duties and justifications of this right have remained obscure. Drawing on the principles set in the UDHR and the ICESR, the rights in education are manifested in a number of ways. Firstly, there is the right of children to free education at the elementary and fundamental stages. Secondly, there is the right to fair and equal access of higher education. Thirdly, parents or guardians have the right to decide their children’s education. Moreover, the right to education is an entitlement of everyone regardless of age, gender, colour, creed or religion. The findings of this paper further depict that, everyone deserves the right to education because education is considered as a human right, therefore all human beings are entitled to it regardless of gender, age, religion, ethnic, background, culture, geographic location or sexual orientation. Furthermore, the right to education is linked to the attainment of other rights. The right to education is a necessary prerequisite for exercising one’s own right and all the other human rights. Therefore, everyone deserves the right to an education. Bibliography Beiter, K.D. 2006, The Protection of the Right to Education by International Law, Martinus Nijhoff, Leiden, Netherlands. Bredeson, D.,2011, "Utilitarianism vgs. Dentological Ethics". Applied Business Ethics: A Skills-Based Approach, Cengage Learning, London. Card, D., 1999, “The Causal Effect of Education on Earnings”, in Ashenfelter, O and D Card (eds), Handbook of Labor Economics, vol. 3, Part A, 1801-1863. Dee, T. S. 2004, “Are there Civic Returns to Education?” Journal of Public Economics, vol 88, no. 9-10, pp. 1697-1720. Doyle, J. F., 1973, Educational Judgments: Papers in the philosophy of education, Routledge, New York. Ernst, G. & Heilinger, J., 2011, The Philosophy of Human Rights: Contemporary Controversies, Walter de Gruyster, Boston. Hardwick, N., 2012, Theoretically Justifying Human Rights: A Critical Analysis, viewed January 28 2015 McCowan, T., 2012, “Human Rights within Education: Assessing the Justifications”, Cambridge Journal of Education vol 42, iss1, pp. 67-81. Milligan, K., Moretti, E. & Oreopoulos P., 2004, “Does Education Improve Citizenship? Evidence from the United States and the United Kingdom,” Journal of Public Economics, vol 88 np. 9-10), pp.1667-1695. Perry, M. J., 1998, The Idea of Human Rights: Four Inquiries, Oxford University Press, Oxford. Silles, M., 2009, “The Causal Effect of Education on Health: Evidence from the United Kingdom,” Economics of Education Review, vol 28, pp. 122-128. Riegel, K.F. & Meacham, J.A.1994, Developing Individual in a Changing World: Historical and Cultural Issues, Transaction Publishers, New Brunswick, New Jersey. United Nations (UN) 2014, Universal Declaration of Human Rights, viewed January 28 2015 Read More