An appraisal of states’ obligations to actualize the right to education under international law

Abstract

The importance of education in the world today, to say the obvious, cannot be overemphasized. Education can be used to give meaning to right to life and other human rights. Life, itself, becomes meaningful and worth living if individuals attain at least the minimum required standard of education. Thus, education is germane and paramount to a country’s development and can also serve as a key factor for the alleviation of poverty. This article examines the contents of the right to education as fundamental right. The paper observes that international law prioritizes primary and/or basic education above other levels of education and enjoins States to make it free and compulsory. This is because implementing and enforcing primary and/or basic education is one of the fundamental prerequisites in actualizing the right to education in other levels. It is argued in this paper that the right to education, if guaranteed and protected, would unlock the enjoyment of other rights and ultimately would empower the individual to play a meaningful role in the society. The paper concludes that in order to implement and enforce the right to education, State obligations under international law must be domesticated and made justiciable. Remedies should also be made available in case of violations.