Recognizing Early Childhood Education as a Human Right in International Law

Title
Recognizing Early Childhood Education as a Human Right in International Law
Publication Date
2022-12
Author(s)
Fredman, Sandra
Donati, Georgina
Richter, Linda M
Naicker, Sara N
Behrman, Jere R
Lu, Chunling
Cohrssen, Caroline
Lopez Boo, Florencia
Raghavan, Chemba
Devercelli, Amanda
Heymann, Jody
Stein, Alan
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
Oxford University Press
Place of publication
Oxford, United Kingdom
DOI
10.1093/hrlr/ngac024
UNE publication id
une:1959.11/54095
Abstract

There is incontrovertible evidence that early learning opportunities shape long-term development and health. Nevertheless, early childhood care and education (ECCE) is not expressly mentioned as part of the right to education in the Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. This paper argues that the right to education can nevertheless be regarded as including ECCE. We examine the treaties, General Comments, and 264 Concluding Observations by relevant UN monitoring bodies, covering 152 countries from 2015 to 2020, to determine whether the right to ECCE is regarded as part of States' obligations and the content of the duty. These demonstrate consistently that States must provide affordable, accessible, quality, inclusive ECCE, with adequate resources. We argue that monitoring committees should draw these obligations together in one General Comment, thereby improving States' accountability and guiding the delivery of ECCE.

Link
Citation
Human Rights Law Review, 22(4), p. 1-20
ISSN
1744-1021
1461-7781
Start page
1
End page
20
Rights
Attribution 4.0 International

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