The right to education also includes a responsibility to provide basic education for individuals who have not the right to preschool education primary education. In addition to these access to education provisions, the right to education encompasses the obligation to avoid discrimination at all levels of the educational system, to set minimum standards and to improve the quality of education.
The right to education is reflected in international law in Article 26 of the Universal Declaration of Human Rights and Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. In Europe, Article 2 of the first Protocol of 20 March 1952 to the European Convention on Human Rights states that the right to education is recognized as a human right and is understood to establish an entitlement to education. Generally, international instruments use the term in this sense and the right to education, as protected by international human rights instruments, refers primarily to education in a narrow sense. In a wider sense education may describe “all activities by which a human group transmits to its descendants a body of knowledge and skills and a moral code which enable the group to subsist”. The European Court of Human Rights has defined education in a narrow sense as “teaching or instructions in particular to the transmission of knowledge and to intellectual development” and in a wider sense as “the whole process whereby, in any society, adults endeavour to transmit their beliefs, culture and other values to the young. The fulfilment of the right to education can be assessed using the 4 As framework, which asserts that for education to be a meaningful right it must be available, accessible, acceptable and adaptable.