The Universal Declaration of Human Rights
Article XXVI: Right to Education
The Universal Declaration of Human Rights was drafted in 1948 and one of the articles, article XXVI deals with protection of the fundamental rights, right to education:
(1) 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 merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and
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The UDHR's rights and standards do not have force of law, however, the UDHR's rights have been transformed into treaty provisions making legal obligation on the states that ratified the treaty to provide citizens with free and qualitative education on at least primary level. The right to education is dealt with in Articles XIII and XIV of the International Covenant on Economic, Social and Cultural Rights, and is also mentioned in Article XVIII(4) of the International Covenant on Civil and Political Rights. As I previously mentioned almost all countries in the world have adopted and ratified treaties concerning right to education, but only some of them left doors open to individual citizens in their countries to challenge their own country for not complying with the provisions that they set in the treaties if that is the case. In all Western Europe countries which have highly developed legal system, now exists a body of case law in regard to the right to education. Besides international treaties, countries worldwide have adopted other instruments for implementation of the right to education, from Recommendations of international conferences of States, to Declarations and Programmes or Frameworks for Action adopted by intergovernmental conferences, or by ‘mixed’ conferences composed of representatives of governments, international organizations and civil society such as…