legal essay on right to education

877-757-8189

Student Login

The 14th Amendment Protects the Right to a Public Education

Over the years, the 14th Amendment of the United States Constitution has had an enormous impact on protecting individual rights in public elementary and secondary education. This has occurred through the United States Supreme Court’s interpretation of the Equal Protection Clause, the Due Process Clause, and the incorporation of other rights (like freedom of speech) to the states through the 14th Amendment.

Equal Protection Clause

The Equal Protection Clause of the 14th Amendment provides that a state may not “deny to any person within its jurisdiction the equal protection of the laws.” It applies to public elementary and secondary schools, as they are considered to be state actors. In 1954, the Supreme Court interpreted the Equal Protection Clause’s requirements in  Brown v. Board of Education . In perhaps one of the most famous and important cases issued by the Court, it stated:

We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs…are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the 14th Amendment.

That language, and the Court’s decision, had a dramatic impact on public education. Schools were required to end the discriminatory practice of segregating students based on race. While segregation was more prevalent in some states than in others, all public schools in all states that had segregated students needed to desegregate, or face claims that they were in violation of the 14th Amendment. What followed was roughly 50 years of desegregation efforts in public schools, and numerous court decisions regarding the constitutionality of those desegregation efforts.

Over time, the focus evolved from ending and remedying the vestiges of discriminatory practices to integration efforts that sought to promote the diversity of the student population in public schools. In some instances, these integration efforts were voluntary, meaning they were done by schools that had not segregated students in the past. These integration efforts continue to this day, and the predominant legal issues revolve around the extent to which race can be used as a factor in the assignment of students to certain schools in order to diversify the student body.

The language, and the logic, of the  Brown v. Board  decision also found its way into other types of Equal Protection claims. For example, in the mid-1970s, students with disabilities challenged their exclusion from public school on equal protection grounds. Two very influential lower court decisions,  PARC v Commonwealth of Pennsylvania , and  Mills v. Board of Education of the District of Columbia , relied on  Brown v. Board  and determined that students with disabilities could not be excluded from public school because of their disabilities.

Those court decisions led to a federal statute that imposed similar requirements on all public schools that accepted certain federal funds. That law turned into the Individuals with Disabilities Education Act (IDEA), which today applies to all public schools. The law requires public schools to provide all students with disabilities with a  Free and Appropriate Public Education (FAPE) . It also prohibits schools from expelling or suspending students with disabilities for longer than 10 days, when the student’s actions are caused by their disability.

Due Process Clause

Due process is another area of the 14th Amendment that has had a dramatic impact on individual rights in public education. The Due Process Clause says that states may not “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has interpreted this clause to have substantive and procedural protections. With substantive due process, the 14th Amendment protects a parent’s right to direct the educational upbringing of their child. Because of this right, the Supreme Court ruled that a state statute that prohibited the teaching of foreign language, and a state statute that required all students to attend public schools, as opposed to private schools, violated the 14th Amendment. See  Meyer v. Nebraska  and  Pierce v. Society of Sisters . The Court also ruled that a state statute that required Amish children to attend school past the eighth grade violated the substantive due process rights, and the religious freedom rights, of Amish parents to direct the educational and religious upbringing of their children. See  Wisconsin v. Yoder .

As a result of these substantive due process protections, all states currently have exceptions in their state compulsory attendance statutes that require students of certain ages to attend school. The exceptions allow for attendance at private schools, religious schools, and homeschool to meet the compulsory attendance requirements.

The procedural due process protections of the 14th Amendment have also played an important role in public education, particularly in the areas of student discipline and teacher employment. With student discipline, the Supreme Court has ruled that students have a “legitimate entitlement to a public education as a property right.” See  Goss v. Lopez . That right may not be taken away without first providing due process protections, which are generally notice of what the student is accused of doing, and the opportunity to be heard before the student is disciplined.

The required amount of notice and opportunity to be heard increases as the severity of the discipline increases. With minor disciplinary actions, an informal discussion with the principal may be sufficient to meet the requirements. For more severe discipline, such as expulsion, a more detailed hearing is generally required to give the student a chance to present evidence, and to cross-examine witnesses. As a result of these constitutional due process protections, all states have enacted statutes and regulations that provide due process protections for students during the discipline process.

A similar due process right applies to tenured teachers at public elementary and secondary schools. Once a teacher receives tenured status, they have a property interest in their continued employment, and must be provided with notice and a hearing before it may be taken away from them. See  Perry v. Sindermann .

Incorporation

The third area where the 14th Amendment has impacted public schools is in the application of other constitutional rights to the states through the 14th Amendment, via a concept known as  incorporation . Perhaps the biggest impact here has been the First Amendment’s right to free speech, although other protections like freedom of religion have also made their mark on public education.

In the area of free speech, the Supreme Court has said that students and teachers do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” See  Tinker v. Des Moines . While courts do give some deference to school administrators in making decisions about whether to prohibit certain student speech, the First Amendment requires schools to justify their decisions when they infringe on free speech rights. The level of justification required depends on the nature of the speech, and the nature of the restriction.

For example, in  Tinker v. Des Moines , students were protesting the Vietnam War by wearing armbands, and the school disciplined the students for doing so. The Supreme Court ruled that the discipline violated the First Amendment, because the school could not show that the speech could reasonably be expected to cause a substantial disruption with school activities or the rights of others. By contrast, in  Morse v. Frederick , the Supreme Court deferred to a school administrator’s judgment that a sign that said “Bong Hits 4 Jesus” promoted drug use, and upheld the discipline of the students that displayed the sign at a school event.

These are just a few examples of the many ways that the 14th Amendment impacts individual rights in public education. Many of these issues arise on a daily basis in public schools, and the 14th Amendment provides some constitutional protections of individual rights that schools must take into account when addressing them.

Scott F. Johnson

Scott F. Johnson is a Professor of Law at Purdue Global Law School (formerly Concord Law School), where he teaches Education Law and Special Education Law, among other topics. He has written a number of books and articles in the education law area. Professor Johnson’s law practice included education and special education cases, and he currently serves as a special education hearing officer for a state agency.

The views expressed in this article are solely those of the author and do not represent the view of Purdue Global Law School.

Employment and Career Advancement:  Purdue Global Law School cannot guarantee employment or career advancement.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

© 2024, Purdue Global, a public, nonprofit institution.

• Cookie Preferences
• Privacy Policy
• Terms of Use

5 Must-Read Essays on the Right to Education

When the United Nations adopted the Universal Declaration on Human Rights, Article 26 asserted that all people have the right to education. That right appears in other documents such as the Convention on the Rights of the Child (1989) and in treaties about women and girls, refugees, migrants, and others. Many constitutions around the world also list education as a right. However, the right to education isn’t always upheld. To understand more about education as a human right, and where and why it’s often not a reality, here are five must-read essays:

“ Girls Can Change The World – But We Have To Invest In Them First ” – Malala Yousafzai

Writing for Time Magazine in 2018, Malala Yousafzai’s essay details the importance of educating girls. It’s short, but like all of Malala’s writing, it’s impactful. She opens with the sobering statistic that 130 million girls are not in school. Despite promises at the United Nations to guarantee that every girl will get 12 years of education by 2030, donor countries either halted or decreased their giving for education. Malala expresses her discouragement, but remains hopeful, drawing attention to the Malala Fund and impact of local activists and educators.

The youngest Nobel Prize laureate, Malala is a Pakistani human rights activist, with a special focus on female education. In 2012, the Taliban attempted to assassinate her since she was already a well-known activist, but she survived. The attack and recovery made her a household name, and she won the Nobel Prize two years later. She is a writer and current student at Oxford University.

“ Is Education a Fundamental Right? ” – Jill Lepore

A relatively-unknown Supreme Court Case from 1982, Plyler v. Doe addressed questions about education, immigration, and if schooling is a human right. In her essay, Jill Lepore writes that this case could become much better known as various lawsuits filed on behalf of immigrant children enter the court system. These are the children who are separated from their parents at the border and deprived of education.  Using Plyler v. Doe as a guide along with the other cases both past and present, Lepore explores the issue of education as a fundamental right in the United States.

This essay appeared in the print edition of The New Yorker in September 2018 under the headline “Back to the Blackboard.” Jill Lepore is a professor of history at Harvard University and a staff writer for the New Yorker. Publications include the book These Truths: A History of the United States and This America: The Case for the Nation.

“ How to Improve Access to Education Around the World ” – Jan Lee

In this piece on the Triple Pundit platform, Lee takes a look at how Pearson, an education publishing and assessment service company based in the UK, is making an impact on education access around the world. In the United States, Pearson works on finding solutions for the social and economic problems that lead to low high-school graduation rates. Pearson also invests in low-cost private education around the world. The essay highlights how access to education can be improved through new educational technology for students with disabilities and outreach to underserved communities. Since this article was sponsored by Pearson, it doesn’t look at what other companies or organizations are doing, but it provides a good model for the kinds of actions that can help.

Jan Lee is an award-winning editorial writer and former news editor, whose work can be found Triple Pundit, JustMeans, and her blog The Multicultural Jew. On Triple Pundit, she’s written stories on a variety of topics, such as Leadership & Transparency, Data & Technology, and Energy & Environment.

“ Higher Education Is A Human Right ” – Heidi Gilchrist

It’s established that primary education is a human right, but what about higher education? In her essay, Heidi Gilchrist argues that it is. Looking specifically at the United States, her reason is that in order to access the American dream- which she calls the “ideal it [the country] was founded on” – people need higher education. As global society starts to depend more on technology and other complex systems, more and more jobs will require advanced degrees. In order to truly succeed and achieve their dreams, people will need higher education. Gilchrist offers another perspective on the issue, as well, writing that countries need people with advanced degrees to protect national security. Having higher education remain a luxury means only the wealthy can access it, and that harms a society in every regard.

Heidi Gilchrist is a Lecturer-in-Law at Columbia Law School and an Assistant Professor of Legal Writing at Brooklyn Law. In her previous career, she served as a national security analyst in the federal government, and as a laison to the FBI’s Joint Terrorism Task Force in New York City. She writes on national security and how it converges with human rights law and civil rights.

“ Public schools for private gain: The declining American commitment to serving the public good ” – David F. Larabee

In an essay that is both a history lesson and critical look at the pursuit of education as a “private benefit,” Larabee argues that this new view of schooling is dangerous. While in the past, school had been seen as a community where students of all backgrounds and finances mingle and receive opportunities, it’s morphing into just another capitalist arena. Wealthy parents are choosing private schools and focusing their resources there, while public schools and students struggle. School is becoming “a means of private advancement,” Larabee says, instead of a source of public good. This has serious long-term consequences.

David Larabee is a Lee L. Jacks Professor of Education, emeritus, at the Standard University Graduate School of Education. He describes himself as a “sociologically oriented historian of education.” He is also an author, most recently of 2017’s A Perfect Mess: The Unlikely Ascendancy of American Higher Education.

You may also like

Apply Now for the United Nations The Hague Immersion Programme

The UN Immersion Programme Is Open for Applications!

The UN Young Leaders Online Training Programme is Open for Applications!

Apply now: Essex Human Rights Summer School (Fully Online)

17 International Organizations Offering Early-Career Opportunities

Gender Rights Jobs: Our Short Guide

Free MOOC on Children’s Right to Education in Armed Conflict

9 Online Courses on Leading Diverse Teams

40 Top-Rated Social Issues Courses to Study in 2024

10 Courses to Prepare for Your Human Rights Job

Register now: Global Institute of Human Rights Certificate Program

NGO Jobs: Our Short Guide

About the author, human rights careers.

Human Rights Careers (HRC) provides information about online courses, jobs, paid internships, masters degrees, scholarships and other opportunities in the human rights sector and related areas.

Your Right to Equality in Education

Getting an education isn’t just about books and grades – we’re also learning how to participate fully in the life of this nation. (We’re tomorrow’s leaders after all!)

But in order to really participate, we need to know our rights – otherwise we may lose them. The highest law in our land is the U.S. Constitution, which has some amendments, known as the Bill of Rights. The Bill of Rights guarantees that the government can never deprive people in the U.S. of certain fundamental rights including the right to freedom of religion and to free speech and the due process of law. Many federal and state laws give us additional rights, too.

The Bill of Rights applies to young people as well as adults. And what I’m going to do right here is tell you about EQUAL TREATMENT .

DO ALL KIDS HAVE THE RIGHT TO AN EQUAL EDUCATION?

Yes! All kids living in the United States have the right to a free public education. And the Constitution requires that all kids be given equal educational opportunity no matter what their race, ethnic background, religion, or sex, or whether they are rich or poor, citizen or non-citizen. Even if you are in this country illegally, you have the right to go to public school. The ACLU is fighting hard to make sure this right isn’t taken away.

In addition to this constitutional guarantee of an equal education, many federal, state and local laws also protect students against discrimination in education based on sexual orientation or disability, including pregnancy and HIV status.

In fact, even though some kids may complain about having to go to school, the right to an equal educational opportunity is one of the most valuable rights you have. The Supreme Court said this in the landmark Brown v. Board of Education case when it struck down race segregation in the public schools.

If you believe you or someone you know is being discriminated against in school, speak up! Talk to a teacher, the principal, the head of a community organization or a lawyer so they can investigate the situation and help you take legal action if necessary.

ARE TRACKING SYSTEMS LEGAL?

Yes, as long as they really do separate students on the basis of learning ability and as long as they give students the same basic education.

Many studies show, however, that the standards and tests school officials use in deciding on track placements are often based on racial and class prejudices and stereotypes instead of on real ability and learning potential. That means it’s often the white, middle-class kids who end up in the college prep classes, while poor and non-white students, and kids whose first language isn’t English, end up on “slow” tracks and in vocational-training classes. And often, the lower the track you’re on, the less you’re expected to learn – and the less you’re taught.

Even if you have low grades or nobody in your family ever went to college, if you want to go to college, you should demand the type of education you need to realize your dreams. And your guidance counselor should help you get it! Your local ACLU can tell you the details of how to go about challenging your track placement.

CAN STUDENTS BE TREATED DIFFERENTLY IN PUBLIC SCHOOL BASED ON THEIR SEX?

Almost never. Public schools may not have academic courses that are just for boys – like shop – or just for girls – like home economics. Both the Constitution and federal law require that boys and girls also be provided with equal athletic opportunities. Many courts have held, however, that separate teams for boys and girls are allowed as long as the school provides students of both sexes the chance to participate in the particular sport. Some courts have also held that boys and girls may always be separated in contact sports. The law is different in different states; you can call your local ACLU affiliate for information.

CAN GIRLS BE KICKED OUT OF SCHOOL IF THEY GET PREGNANT?

No. Federal law prohibits schools from discriminating against pregnant students or students who are married or have children. So, if you are pregnant, school officials can’t keep you from attending classes, graduation ceremonies, extracurricular activities or any other school activity except maybe a strenuous sport. Some schools have special classes for pregnant girls, but they cannot make you attend these if you would prefer to be in your regular classes.

CAN SCHOOLS DISCRIMINATE AGAINST GAY STUDENTS?

School officials shouldn’t be able to violate your rights just because they don’t like your sexual orientation. However, even though a few states and cities have passed laws against sexual orientation discrimination, public high schools have been slow to establish their own anti-bias codes – and they’re slow to respond to incidents of harassment and discrimination. So while in theory, you can take a same-sex date to the prom, join or help form a gay group at school or write an article about lesbian/gay issues for the school paper, in practice gay students often have to fight hard to have their rights respected.

WHAT ABOUT STUDENTS WITH DISABILITIES?

Although students with disabilities may not be capable of having exactly the same educational experiences as other students, federal law requires that they be provided with an education that is appropriate for them. What is an appropriate education must be worked out individually for each student. For example, a deaf student might be entitled to be provided with a sign language interpreter.

In addition to requiring that schools identify students with disabilities so that they can receive the special education they need in order to learn, federal law also provides procedures to make sure that students are not placed in special education classes when they are not disabled. If you believe you’re not receiving an appropriate education, either because you are not in special classes when you need to be, or because you are in special classes when you don’t need to be, call the ACLU!

And thanks to the Americans with Disabilities Act (ADA), students who are HIV positive have the same rights as every other student. People with HIV are protected against discrimination , not only in school but in many other public places such as stores, museums and hotels.

People with HIV aren’t a threat to anyone else’s health, because the AIDS virus can’t be spread through casual contact. That’s just a medical fact. Your local ACLU can provide information on how to fight discrimination against people with HIV.

CAN I GO TO PUBLIC SCHOOL IF I DON’T SPEAK ENGLISH?

Yes. It is the job of the public schools to teach you to speak English and to provide you with a good education in other subjects while you are learning. Students who do not speak English have the right to require the school district to provide them with bilingual education or English language instruction or both.

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” –Title IX, Education Amendments of 1972

We spend a big part of our life in school, and our voices count. Join the student government! Attend school meetings! Petition your school administration! Talk about your rights with your friends! Let’s make a difference!

Produced by the ACLU Department of Public Education. 125 Broad Street, NY NY 10004. For more copies of this or any other Sybil Liberty paper, or to order the ACLU handbook The Rights of Students or other student-related publications, call 800-775-ACLU or visit us on the internet at https://www.aclu.org .

Related Issues

• Racial Justice
• Mass Incarceration
• Smart Justice
• Women's Rights

Stay Informed

Every month, you'll receive regular roundups of the most important civil rights and civil liberties developments. Remember: a well-informed citizenry is the best defense against tyranny.

By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.

Essay On Right To Education

500 words essay on right to education.

Education enables individuals to put their potentials to optimal use. Moreover, it makes them a thinker and correct decision-maker. This is possible because of getting access to knowledge from the external world. Thus, education opens new windows to the outside world. Through an essay on right to education , we will discuss its importance and benefits.

Importance of Right to Education

Education is an essential condition to free individual development. It is what can make a person fit for the tasks of citizenship. Moreover, when you are not educated, you will hardly understand politics or stay vigilant about national interests.

Thus, participation in state affairs is going to be negligible only. In other words, a citizen like that will be no less than a slave to others. This will prevent them from rising in the stature of their personality. Usually, others will make decisions for that person.

Consequently, it will be a failure of democracy. The right to education is a civil right that safeguards individuals from all this. While it does not guarantee an identical intellectual training of everyone nonetheless, it does provide provisions for that type of education.

Without the right to education, people won’t be able to get live their life as they wish to, especially those who cannot afford it. It ensures that everyone gets an equal right to education so that we all can develop as a society without leaving anyone section out.

Thus, the right to education can be life-changing for people who wish to change their lives and break the old-age cycle. It helps individuals to get equal access to education like any other citizen without any discrimination.

Benefits of Right to Education

There are many benefits which the right to education provides us with. Firstly, it has brought many changes in society in terms of ease of education. Further, it ensures a consistent fee structure for all.

In other words, schools cannot make any sudden hikes in fees so people don’t suffer from it. After that, it also ensures that everybody gets an education easily by making it available to everyone.

A lot of underprivileged students cannot find ample resources despite having talent. Thus, it ensures that they can rightfully pursue their education. Consequently, it increases the literacy rate of a nation.

This is without a doubt a great advantage for any country. Moreover, it removes any kind of discrimination especially for people belonging to different economic backgrounds. Similarly, it applies to disabled people as well.

Most importantly, it ensures that schools offer seats to those who cannot afford to pay their fees. Thus, it helps the underprivileged people to partake in it thereby making education reach all sectors of society.

Get the huge list of more than 500 Essay Topics and Ideas

Conclusion of Essay on Right to Education

All in all, every citizen must get a chance to get access to education which will enable them to judge, weigh and make decisions for themselves. It is a life-changer for many people all over the world especially those belonging to the underprivileged sector to outshine.

FAQ of Essay on Right to Education

Question 1: Why is education important for child development?

Answer 1: Education offers children to learn with diversity. Thus, children will develop healthy social interaction by blending in with other kids belonging to different cultures and backgrounds. Moreover, it can boost their self-esteem and self-confidence.

Question 2: Why is the right to education important?

Answer 2: The right to education is essential as it is a human right and indispensable for the exercise of other human rights. Quality education strives to guarantee the development of a fully-rounded human being. Similarly, it is one of the most powerful tools which can lift socially excluded children and adults out of poverty.

Customize your course in 30 seconds

Which class are you in.

• Travelling Essay
• Picnic Essay
• Our Country Essay
• My Parents Essay
• Essay on Favourite Personality
• Essay on Memorable Day of My Life
• Essay on Knowledge is Power
• Essay on Gurpurab
• Essay on My Favourite Season
• Essay on Types of Sports

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Download the App

• Search Menu
• Browse content in Arts and Humanities
• Browse content in Archaeology
• Anglo-Saxon and Medieval Archaeology
• Archaeological Methodology and Techniques
• Archaeology by Region
• Archaeology of Religion
• Archaeology of Trade and Exchange
• Biblical Archaeology
• Contemporary and Public Archaeology
• Environmental Archaeology
• Historical Archaeology
• History and Theory of Archaeology
• Industrial Archaeology
• Landscape Archaeology
• Mortuary Archaeology
• Prehistoric Archaeology
• Underwater Archaeology
• Urban Archaeology
• Zooarchaeology
• Browse content in Architecture
• Architectural Structure and Design
• History of Architecture
• Residential and Domestic Buildings
• Theory of Architecture
• Browse content in Art
• Art Subjects and Themes
• History of Art
• Industrial and Commercial Art
• Theory of Art
• Biographical Studies
• Byzantine Studies
• Browse content in Classical Studies
• Classical History
• Classical Philosophy
• Classical Mythology
• Classical Literature
• Classical Reception
• Classical Art and Architecture
• Classical Oratory and Rhetoric
• Greek and Roman Epigraphy
• Greek and Roman Law
• Greek and Roman Archaeology
• Greek and Roman Papyrology
• Late Antiquity
• Religion in the Ancient World
• Digital Humanities
• Browse content in History
• Colonialism and Imperialism
• Diplomatic History
• Environmental History
• Genealogy, Heraldry, Names, and Honours
• Genocide and Ethnic Cleansing
• Historical Geography
• History by Period
• History of Agriculture
• History of Education
• History of Emotions
• History of Gender and Sexuality
• Industrial History
• Intellectual History
• International History
• Labour History
• Legal and Constitutional History
• Local and Family History
• Maritime History
• Military History
• National Liberation and Post-Colonialism
• Oral History
• Political History
• Public History
• Regional and National History
• Revolutions and Rebellions
• Slavery and Abolition of Slavery
• Social and Cultural History
• Theory, Methods, and Historiography
• Urban History
• World History
• Browse content in Language Teaching and Learning
• Language Learning (Specific Skills)
• Language Teaching Theory and Methods
• Browse content in Linguistics
• Applied Linguistics
• Cognitive Linguistics
• Computational Linguistics
• Forensic Linguistics
• Grammar, Syntax and Morphology
• Historical and Diachronic Linguistics
• History of English
• Language Acquisition
• Language Variation
• Language Families
• Language Evolution
• Language Reference
• Lexicography
• Linguistic Theories
• Linguistic Typology
• Linguistic Anthropology
• Phonetics and Phonology
• Psycholinguistics
• Sociolinguistics
• Translation and Interpretation
• Writing Systems
• Browse content in Literature
• Bibliography
• Children's Literature Studies
• Literary Studies (Asian)
• Literary Studies (European)
• Literary Studies (Eco-criticism)
• Literary Studies (Modernism)
• Literary Studies (Romanticism)
• Literary Studies (American)
• Literary Studies - World
• Literary Studies (1500 to 1800)
• Literary Studies (19th Century)
• Literary Studies (20th Century onwards)
• Literary Studies (African American Literature)
• Literary Studies (British and Irish)
• Literary Studies (Early and Medieval)
• Literary Studies (Fiction, Novelists, and Prose Writers)
• Literary Studies (Gender Studies)
• Literary Studies (Graphic Novels)
• Literary Studies (History of the Book)
• Literary Studies (Plays and Playwrights)
• Literary Studies (Poetry and Poets)
• Literary Studies (Postcolonial Literature)
• Literary Studies (Queer Studies)
• Literary Studies (Science Fiction)
• Literary Studies (Travel Literature)
• Literary Studies (War Literature)
• Literary Studies (Women's Writing)
• Literary Theory and Cultural Studies
• Mythology and Folklore
• Shakespeare Studies and Criticism
• Browse content in Media Studies
• Browse content in Music
• Applied Music
• Dance and Music
• Ethics in Music
• Ethnomusicology
• Gender and Sexuality in Music
• Medicine and Music
• Music Cultures
• Music and Religion
• Music and Culture
• Music and Media
• Music Education and Pedagogy
• Music Theory and Analysis
• Musical Scores, Lyrics, and Libretti
• Musical Structures, Styles, and Techniques
• Musicology and Music History
• Performance Practice and Studies
• Race and Ethnicity in Music
• Sound Studies
• Browse content in Performing Arts
• Browse content in Philosophy
• Aesthetics and Philosophy of Art
• Epistemology
• Feminist Philosophy
• History of Western Philosophy
• Metaphysics
• Moral Philosophy
• Non-Western Philosophy
• Philosophy of Science
• Philosophy of Action
• Philosophy of Law
• Philosophy of Religion
• Philosophy of Language
• Philosophy of Mind
• Philosophy of Perception
• Philosophy of Mathematics and Logic
• Practical Ethics
• Social and Political Philosophy
• Browse content in Religion
• Biblical Studies
• Christianity
• East Asian Religions
• History of Religion
• Judaism and Jewish Studies
• Qumran Studies
• Religion and Education
• Religion and Health
• Religion and Politics
• Religion and Science
• Religion and Law
• Religion and Art, Literature, and Music
• Religious Studies
• Browse content in Society and Culture
• Cookery, Food, and Drink
• Cultural Studies
• Customs and Traditions
• Ethical Issues and Debates
• Hobbies, Games, Arts and Crafts
• Lifestyle, Home, and Garden
• Natural world, Country Life, and Pets
• Popular Beliefs and Controversial Knowledge
• Sports and Outdoor Recreation
• Technology and Society
• Travel and Holiday
• Visual Culture
• Browse content in Law
• Arbitration
• Browse content in Company and Commercial Law
• Commercial Law
• Company Law
• Browse content in Comparative Law
• Systems of Law
• Competition Law
• Browse content in Constitutional and Administrative Law
• Government Powers
• Judicial Review
• Local Government Law
• Military and Defence Law
• Parliamentary and Legislative Practice
• Construction Law
• Contract Law
• Browse content in Criminal Law
• Criminal Procedure
• Criminal Evidence Law
• Sentencing and Punishment
• Employment and Labour Law
• Environment and Energy Law
• Browse content in Financial Law
• Banking Law
• Insolvency Law
• History of Law
• Human Rights and Immigration
• Intellectual Property Law
• Browse content in International Law
• Private International Law and Conflict of Laws
• Public International Law
• IT and Communications Law
• Jurisprudence and Philosophy of Law
• Law and Politics
• Law and Society
• Browse content in Legal System and Practice
• Courts and Procedure
• Legal Skills and Practice
• Primary Sources of Law
• Regulation of Legal Profession
• Medical and Healthcare Law
• Browse content in Policing
• Criminal Investigation and Detection
• Police and Security Services
• Police Procedure and Law
• Police Regional Planning
• Browse content in Property Law
• Personal Property Law
• Study and Revision
• Terrorism and National Security Law
• Browse content in Trusts Law
• Wills and Probate or Succession
• Browse content in Medicine and Health
• Browse content in Allied Health Professions
• Arts Therapies
• Clinical Science
• Dietetics and Nutrition
• Occupational Therapy
• Operating Department Practice
• Physiotherapy
• Radiography
• Speech and Language Therapy
• Browse content in Anaesthetics
• General Anaesthesia
• Neuroanaesthesia
• Browse content in Clinical Medicine
• Acute Medicine
• Cardiovascular Medicine
• Clinical Genetics
• Clinical Pharmacology and Therapeutics
• Dermatology
• Endocrinology and Diabetes
• Gastroenterology
• Genito-urinary Medicine
• Geriatric Medicine
• Infectious Diseases
• Medical Oncology
• Medical Toxicology
• Pain Medicine
• Palliative Medicine
• Rehabilitation Medicine
• Respiratory Medicine and Pulmonology
• Rheumatology
• Sleep Medicine
• Sports and Exercise Medicine
• Clinical Neuroscience
• Community Medical Services
• Critical Care
• Emergency Medicine
• Forensic Medicine
• Haematology
• History of Medicine
• Browse content in Medical Dentistry
• Oral and Maxillofacial Surgery
• Paediatric Dentistry
• Restorative Dentistry and Orthodontics
• Surgical Dentistry
• Medical Ethics
• Browse content in Medical Skills
• Clinical Skills
• Communication Skills
• Nursing Skills
• Surgical Skills
• Medical Statistics and Methodology
• Browse content in Neurology
• Clinical Neurophysiology
• Neuropathology
• Nursing Studies
• Browse content in Obstetrics and Gynaecology
• Gynaecology
• Occupational Medicine
• Ophthalmology
• Otolaryngology (ENT)
• Browse content in Paediatrics
• Neonatology
• Browse content in Pathology
• Chemical Pathology
• Clinical Cytogenetics and Molecular Genetics
• Histopathology
• Medical Microbiology and Virology
• Patient Education and Information
• Browse content in Pharmacology
• Psychopharmacology
• Browse content in Popular Health
• Caring for Others
• Complementary and Alternative Medicine
• Self-help and Personal Development
• Browse content in Preclinical Medicine
• Cell Biology
• Molecular Biology and Genetics
• Reproduction, Growth and Development
• Primary Care
• Professional Development in Medicine
• Browse content in Psychiatry
• Addiction Medicine
• Child and Adolescent Psychiatry
• Forensic Psychiatry
• Learning Disabilities
• Old Age Psychiatry
• Psychotherapy
• Browse content in Public Health and Epidemiology
• Epidemiology
• Public Health
• Browse content in Radiology
• Clinical Radiology
• Interventional Radiology
• Nuclear Medicine
• Radiation Oncology
• Reproductive Medicine
• Browse content in Surgery
• Cardiothoracic Surgery
• Gastro-intestinal and Colorectal Surgery
• General Surgery
• Neurosurgery
• Paediatric Surgery
• Peri-operative Care
• Plastic and Reconstructive Surgery
• Surgical Oncology
• Transplant Surgery
• Trauma and Orthopaedic Surgery
• Vascular Surgery
• Browse content in Science and Mathematics
• Browse content in Biological Sciences
• Aquatic Biology
• Biochemistry
• Bioinformatics and Computational Biology
• Developmental Biology
• Ecology and Conservation
• Evolutionary Biology
• Genetics and Genomics
• Microbiology
• Molecular and Cell Biology
• Natural History
• Plant Sciences and Forestry
• Research Methods in Life Sciences
• Structural Biology
• Systems Biology
• Zoology and Animal Sciences
• Browse content in Chemistry
• Analytical Chemistry
• Computational Chemistry
• Crystallography
• Environmental Chemistry
• Industrial Chemistry
• Inorganic Chemistry
• Materials Chemistry
• Medicinal Chemistry
• Mineralogy and Gems
• Organic Chemistry
• Physical Chemistry
• Polymer Chemistry
• Study and Communication Skills in Chemistry
• Theoretical Chemistry
• Browse content in Computer Science
• Artificial Intelligence
• Computer Architecture and Logic Design
• Game Studies
• Human-Computer Interaction
• Mathematical Theory of Computation
• Programming Languages
• Software Engineering
• Systems Analysis and Design
• Virtual Reality
• Browse content in Computing
• Business Applications
• Computer Security
• Computer Games
• Computer Networking and Communications
• Digital Lifestyle
• Graphical and Digital Media Applications
• Operating Systems
• Browse content in Earth Sciences and Geography
• Atmospheric Sciences
• Environmental Geography
• Geology and the Lithosphere
• Maps and Map-making
• Meteorology and Climatology
• Oceanography and Hydrology
• Palaeontology
• Physical Geography and Topography
• Regional Geography
• Soil Science
• Urban Geography
• Browse content in Engineering and Technology
• Agriculture and Farming
• Biological Engineering
• Civil Engineering, Surveying, and Building
• Electronics and Communications Engineering
• Energy Technology
• Engineering (General)
• Environmental Science, Engineering, and Technology
• History of Engineering and Technology
• Mechanical Engineering and Materials
• Technology of Industrial Chemistry
• Transport Technology and Trades
• Browse content in Environmental Science
• Applied Ecology (Environmental Science)
• Conservation of the Environment (Environmental Science)
• Environmental Sustainability
• Environmentalist Thought and Ideology (Environmental Science)
• Management of Land and Natural Resources (Environmental Science)
• Natural Disasters (Environmental Science)
• Nuclear Issues (Environmental Science)
• Pollution and Threats to the Environment (Environmental Science)
• Social Impact of Environmental Issues (Environmental Science)
• History of Science and Technology
• Browse content in Materials Science
• Ceramics and Glasses
• Composite Materials
• Metals, Alloying, and Corrosion
• Nanotechnology
• Browse content in Mathematics
• Applied Mathematics
• Biomathematics and Statistics
• History of Mathematics
• Mathematical Education
• Mathematical Finance
• Mathematical Analysis
• Numerical and Computational Mathematics
• Probability and Statistics
• Pure Mathematics
• Browse content in Neuroscience
• Cognition and Behavioural Neuroscience
• Development of the Nervous System
• Disorders of the Nervous System
• History of Neuroscience
• Invertebrate Neurobiology
• Molecular and Cellular Systems
• Neuroendocrinology and Autonomic Nervous System
• Neuroscientific Techniques
• Sensory and Motor Systems
• Browse content in Physics
• Astronomy and Astrophysics
• Atomic, Molecular, and Optical Physics
• Biological and Medical Physics
• Classical Mechanics
• Computational Physics
• Condensed Matter Physics
• Electromagnetism, Optics, and Acoustics
• History of Physics
• Mathematical and Statistical Physics
• Measurement Science
• Nuclear Physics
• Particles and Fields
• Plasma Physics
• Quantum Physics
• Relativity and Gravitation
• Semiconductor and Mesoscopic Physics
• Browse content in Psychology
• Affective Sciences
• Clinical Psychology
• Cognitive Neuroscience
• Cognitive Psychology
• Criminal and Forensic Psychology
• Developmental Psychology
• Educational Psychology
• Evolutionary Psychology
• Health Psychology
• History and Systems in Psychology
• Music Psychology
• Neuropsychology
• Organizational Psychology
• Psychological Assessment and Testing
• Psychology of Human-Technology Interaction
• Psychology Professional Development and Training
• Research Methods in Psychology
• Social Psychology
• Browse content in Social Sciences
• Browse content in Anthropology
• Anthropology of Religion
• Human Evolution
• Medical Anthropology
• Physical Anthropology
• Regional Anthropology
• Social and Cultural Anthropology
• Theory and Practice of Anthropology
• Browse content in Business and Management
• Business Strategy
• Business History
• Business Ethics
• Business and Government
• Business and Technology
• Business and the Environment
• Comparative Management
• Corporate Governance
• Corporate Social Responsibility
• Entrepreneurship
• Health Management
• Human Resource Management
• Industrial and Employment Relations
• Industry Studies
• Information and Communication Technologies
• International Business
• Knowledge Management
• Management and Management Techniques
• Operations Management
• Organizational Theory and Behaviour
• Pensions and Pension Management
• Public and Nonprofit Management
• Strategic Management
• Supply Chain Management
• Browse content in Criminology and Criminal Justice
• Criminal Justice
• Criminology
• Forms of Crime
• International and Comparative Criminology
• Youth Violence and Juvenile Justice
• Development Studies
• Browse content in Economics
• Agricultural, Environmental, and Natural Resource Economics
• Asian Economics
• Behavioural Finance
• Behavioural Economics and Neuroeconomics
• Econometrics and Mathematical Economics
• Economic Systems
• Economic Methodology
• Economic History
• Economic Development and Growth
• Financial Markets
• Financial Institutions and Services
• General Economics and Teaching
• Health, Education, and Welfare
• History of Economic Thought
• International Economics
• Labour and Demographic Economics
• Law and Economics
• Macroeconomics and Monetary Economics
• Microeconomics
• Public Economics
• Urban, Rural, and Regional Economics
• Welfare Economics
• Browse content in Education
• Adult Education and Continuous Learning
• Care and Counselling of Students
• Early Childhood and Elementary Education
• Educational Equipment and Technology
• Educational Strategies and Policy
• Higher and Further Education
• Organization and Management of Education
• Philosophy and Theory of Education
• Schools Studies
• Secondary Education
• Teaching of a Specific Subject
• Teaching of Specific Groups and Special Educational Needs
• Teaching Skills and Techniques
• Browse content in Environment
• Applied Ecology (Social Science)
• Climate Change
• Conservation of the Environment (Social Science)
• Environmentalist Thought and Ideology (Social Science)
• Natural Disasters (Environment)
• Social Impact of Environmental Issues (Social Science)
• Browse content in Human Geography
• Cultural Geography
• Economic Geography
• Political Geography
• Browse content in Interdisciplinary Studies
• Communication Studies
• Museums, Libraries, and Information Sciences
• Browse content in Politics
• African Politics
• Asian Politics
• Chinese Politics
• Comparative Politics
• Conflict Politics
• Elections and Electoral Studies
• Environmental Politics
• European Union
• Foreign Policy
• Gender and Politics
• Human Rights and Politics
• Indian Politics
• International Relations
• International Organization (Politics)
• International Political Economy
• Irish Politics
• Latin American Politics
• Middle Eastern Politics
• Political Methodology
• Political Communication
• Political Philosophy
• Political Sociology
• Political Theory
• Political Behaviour
• Political Economy
• Political Institutions
• Politics and Law
• Public Administration
• Public Policy
• Quantitative Political Methodology
• Regional Political Studies
• Russian Politics
• Security Studies
• State and Local Government
• UK Politics
• US Politics
• Browse content in Regional and Area Studies
• African Studies
• Asian Studies
• East Asian Studies
• Japanese Studies
• Latin American Studies
• Middle Eastern Studies
• Native American Studies
• Scottish Studies
• Browse content in Research and Information
• Research Methods
• Browse content in Social Work
• Addictions and Substance Misuse
• Adoption and Fostering
• Care of the Elderly
• Child and Adolescent Social Work
• Couple and Family Social Work
• Developmental and Physical Disabilities Social Work
• Direct Practice and Clinical Social Work
• Emergency Services
• Human Behaviour and the Social Environment
• International and Global Issues in Social Work
• Mental and Behavioural Health
• Social Justice and Human Rights
• Social Policy and Advocacy
• Social Work and Crime and Justice
• Social Work Macro Practice
• Social Work Practice Settings
• Social Work Research and Evidence-based Practice
• Welfare and Benefit Systems
• Browse content in Sociology
• Childhood Studies
• Community Development
• Comparative and Historical Sociology
• Economic Sociology
• Gender and Sexuality
• Gerontology and Ageing
• Health, Illness, and Medicine
• Marriage and the Family
• Migration Studies
• Occupations, Professions, and Work
• Organizations
• Population and Demography
• Race and Ethnicity
• Social Theory
• Social Movements and Social Change
• Social Research and Statistics
• Social Stratification, Inequality, and Mobility
• Sociology of Religion
• Sociology of Education
• Sport and Leisure
• Urban and Rural Studies
• Browse content in Warfare and Defence
• Defence Strategy, Planning, and Research
• Land Forces and Warfare
• Military Administration
• Military Life and Institutions
• Naval Forces and Warfare
• Other Warfare and Defence Issues
• Peace Studies and Conflict Resolution
• Weapons and Equipment

• < Previous chapter
• Next chapter >

11 The Right to Education

• Published: November 2018
• Cite Icon Cite
• Permissions Icon Permissions

Education is a multiplier right. Without education, other rights cannot be fully enjoyed. Education is also an accelerator right: it equips people to enter the labour force and participate in public life. However, education is not only an instrumental right. It should primarily be regarded as an intrinsic right, valuable in its own terms. Section II considers how the freedom, social, and equality components of the right are reflected in different human rights instruments, contrasting these to education in the Sustainable Development Goals. Section III considers the meaning of ‘free and compulsory’ education and particularly the paradoxical nature of a compulsory right. Section IV examines the complex contestations between the freedom and equality dimensions of the right, especially in the context of parental choice as to the religious, moral, or political nature of the right to education. Section V is concerned with the extent to which a human rights approach to education can be used to achieve quality education.

Signed in as

Institutional accounts.

• Google Scholar Indexing
• GoogleCrawler [DO NOT DELETE]

Personal account

• Sign in with email/username & password
• Get email alerts
• Save searches
• Purchase content
• Activate your purchase/trial code

Institutional access

• Sign in with a library card Sign in with username/password Recommend to your librarian
• Institutional account management
• Get help with access

Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:

IP based access

Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.

Sign in through your institution

Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.

• Click Sign in through your institution.
• Select your institution from the list provided, which will take you to your institution's website to sign in.
• When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
• Following successful sign in, you will be returned to Oxford Academic.

If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.

Sign in with a library card

Enter your library card number to sign in. If you cannot sign in, please contact your librarian.

Society Members

Society member access to a journal is achieved in one of the following ways:

Sign in through society site

Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:

• Click Sign in through society site.
• When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.

If you do not have a society account or have forgotten your username or password, please contact your society.

Sign in using a personal account

Some societies use Oxford Academic personal accounts to provide access to their members. See below.

A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.

Some societies use Oxford Academic personal accounts to provide access to their members.

Viewing your signed in accounts

Click the account icon in the top right to:

• View your signed in personal account and access account management features.
• View the institutional accounts that are providing access.

Signed in but can't access content

Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.

For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.

Our books are available by subscription or purchase to libraries and institutions.

• About Oxford Academic
• Publish journals with us
• University press partners
• What we publish
• New features  
• Open access
• Rights and permissions
• Accessibility
• Advertising
• Media enquiries
• Oxford University Press
• Oxford Languages
• University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

• Copyright © 2024 Oxford University Press
• Cookie settings
• Cookie policy
• Privacy policy
• Legal notice

This Feature Is Available To Subscribers Only

Sign In or Create an Account

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

The right to education

Introducing articles 28 and 29.

Home > The Rights Respecting Schools Award > The Right to Education

The Right to an Education is one of the most important principles in becoming a Rights Respecting School.

Education is a key social and cultural right and plays an important role in reducing poverty and child labour. Furthermore, education promotes democracy, peace, tolerance, development and economic growth. There are a number of articles in the UN Convention on the Rights of the Child  that focus on a child’s right to education.

Articles 28 and 29 of the Convention on the Rights of the Child

Articles 28 and 29 focus on a child’s right to an education and on the quality and content of education.  Article 28 says that “State Parties recognise the right of children to education” and “should take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity.” Article 29 focuses on the aims of education and says that governments agree that “the education of the child shall be directed to:

• The development of the child’s personality, talents and mental and physical abilities to their fullest potential.
• The development of respect for human rights and fundamental freedoms and the principles enshrined in the Charter of the United Nations.
• The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate and for civilisations different from his or her own.
• The preparation of the child for responsible life in a free society in the spirit of understanding, peace, tolerance, equality of sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin.
• The development of respect for the natural environment.

The 1990 World Declaration on Education for All  described education as consisting of essential learning tools such as literacy, numeracy and problem solving combined with knowledge, skills, values and attitudes required by human beings to survive, develop potential, to improve the quality of their lives, to make informed decisions and to continue learning.

General Comment on the aims of education

In 2001, the  Committee on the Rights of the Child , the body of experts that monitors the implementation of the Convention, published a paper (called a General Comment) that explained and elaborated on the right to education.

The General Comment 1 on the aims of education provides a very clear overview of what the right to education means in practice. It said that:

• Education must be child-centred and empowering. This applies to the curriculum as well as the educational processes, the pedagogical methods and the environment where education takes place.
• Education must be provided in a way that respects the inherent dignity of the child and enables the child to express his or her views in accordance with article 12 (1) and to participate in school life.
• Education must respect the strict limits on discipline reflected in article 28 and promote non-violence in school.
• Education must include not only literacy and numeracy but also life skills such as the ability to make well-balanced decisions; to resolve conflicts in a non‑violent manner; and to develop a healthy lifestyle, good social relationships and responsibility, critical thinking, creative talents, and other abilities which give children the tools needed to pursue their options in life.

It’s important to remember that the  Convention must be seen as a whole  and so articles 28 and 29 should not be looked at or considered in isolation. Particular regard should be paid to the General Principles and other closely related articles for example: article 16 : protection of privacy, article 24 health (including health education), article 31 rest, leisure, play, recreation and culture.

Steps to the award

Getting Started

About the award

Introducing the United Nations Convention on the Rights of the Child

Key data on girls and women’s right to education

This page presents several graphics analyzing the data generated from  HerAtlas , UNESCO’s interactive tool monitoring girls and women’s right to education worldwide . The graphics are updated regularly to reflect the latest data from the tool. 

Unless specified otherwise, data source is HerAtlas .

Right to education, pregnant and parenting girls

According to our monitoring tool, worldwide, 2% of countries restrict the right to education of married, pregnant and parenting girls and women in their legal framework. These countries are located in three different regions. The restrictions could either prohibit them from attending school or sitting an exam, limiting them to attend adult or evening classes, or separating them from their peers and isolating them for fear that they would ‘influence’ other students.

Data demonstrates that secondary school-aged girls are substantially more likely to be out of school when the legal right to education of pregnant and parenting girls is restricted, especially at the upper secondary level. It also follows the general trend, as there are more adolescent out-of-school at the upper secondary level.

62% of countries do not have a legislation that explicitly protect girls’ right to education in case of pregnancy but 33% do have such provisions, which are sometimes very detailed and protective. Latin America and the Caribbean is the region with the most countries that protect explicitly their right to education, followed by Europe and North America and then Africa.

While in 2019, 8 countries were restricting the right to education of pregnant, parenting and married girls in their legislation, four countries in the African region have put an end to such ban, therefore leaving only four countries with an explicit ban. 

The following graphics represent the data of indicator 12 of Her Atlas. According to the methodology of HerAtlas , the legislation is considered as explicitly protecting the right to education of pregnant and parenting girls only if there is a provision mentioning expressly pregnancy, parenting and education. Guaranteeing the right to education without discrimination is not considered as an explicit protection for this indicator.

Right to education, child marriage and gender-based violence in schools

According to the Joint CEDAW General Recommendation / CRC General Comment , capable child below the age of 18 may be allowed to get married provided that the child is at least 16 years old and that such decisions are made by a judge based on legitimate exceptional grounds defined by law and on the evidence of maturity.

Worldwide, 17% of countries still allow marriage before the age 18 years old for girls. 44% allow it from 18 years old, but with exceptions before that age. In such cases, exceptions can for example require a parental consent only, or a judicial one but with a minimum age below 16, and an absolute minimum age is not always set. 34% of countries do set a minimum age of marriage at 18 for girls, with no exception or judicial exceptions only with an absolute minimum age set at 16 years old.

At the regional level, Europe and North America is the region with the fewest number of countries that allow marriage before 18 years old for girls and with the highest number of countries setting 18 as the minimum age without exceptions, or only judicial ones with an absolute minimum age set at 16.

Globally, the percentage of child marriage is higher in countries where education is neither compulsory nor free. The percentage of women aged 20 to 24 who were first married or in union before their 18 is more than halved in countries where education is compulsory for nine years or more and fee for 12 years or more in comparison to countries where education is neither compulsory nor free.

Regarding legal protection against gender-based violence and corporal punishment within education establishments, 14% of countries provide for a wide protection (protecting from corporal punishment and physical, psychological and sexual violence), 54% with a partial protection, and 29% do not provide protection, among those, some authorizes the use of corporal punishment in schools. At the regional level, Latin America and the Caribbean is the region with the most countries providing a wide protection, but also with the most countries that do not provide for protection.

Right to education, compulsory, and free education

Worldwide, 16% of countries still do not guarantee the right to education in their Constitution or laws. Among the 84% of countries that legally protect the right to education, 58% explicitly guarantee it without discrimination based on sex and/or gender.

At the regional level, it is in Asia Pacific that the highest percentage of countries not guaranteeing the right to education can be found, while it is in the Arab region that there is the highest percentage of countries legally protecting the right to education without discrimination. Finally, both the Arab region and the Latin America & Caribbean region have the highest percentage of countries explicitly guaranteeing the right to education without discrimination based on sex and/or gender.

Regarding compulsory and free pre-primary education, worldwide, 27% of countries guarantee it in their legislation while 19% legally guarantee free or compulsory pre-primary education. At the regional level, it is in the Latin America & Caribbean region that there is the highest percentage of countries legally guaranteeing compulsory and free pre-primary education, followed by the Europe & North America region.

At the global level, 31% of countries legally guarantee compulsory primary and secondary education for at least nine years and free education for at least 12 years, while 5% of countries do not guarantee neither compulsory nor free primary and secondary education. The others either guarantee compulsory or free primary and secondary education, or they do guarantee both, but the duration of compulsory education is less than nine years, or the duration of free education is less than 12 years. At the regional level, it is in the Europe & North American region that there is the highest percentage of countries legally guaranteeing compulsory and free primary and secondary education, for a duration of respectively at least nine and 12 years.

Out of school and enrolment rate compared to the legal protection of free and compulsory education

When pre-primary education is neither legally compulsory nor free, the out-of-school rate of girls of primary school age is higher than the out-of-school rate of boys of the same age. On the contrary, when pre-primary education is legally compulsory and free, the out-of-school rate of girls of primary school age is lower than the out-of-school rate of boys of primary school age. For both boys and girls, the out-of-school rate of children of primary school age is lower when pre-primary education is legally compulsory and free.

Similarly, the out-of-school rate for children, adolescents and youth of primary, lower secondary and upper secondary school age is divided by three when primary and secondary education is compulsory for at least nine years and free for at least twelve years, compared to the out-of-school rate when education is neither compulsory nor free. While the out-of-school rate of girls is higher than the one of boys when education is neither compulsory nor free, the out-of-school rate of boys is higher than the out-of-school rate of girls when education is compulsory for at least 9 years and free for at least 12 years.

Finally, the gross enrolment ratio (GER) for tertiary education is multiplied by 6 when primary and secondary education is compulsory for 9 years and free for 12 years, compared to the tertiary education GER when primary and secondary education is neither compulsory nor free. The GER of boys in tertiary education is the same than the GER of girls when primary and secondary education is neither compulsory nor free, but the GER of boys is lower than the GER of girls when primary and secondary education is compulsory for 9 years and free for 12 years.

More information

Related items

• Right to education
• Girls education
• Womens rights

More on this subject

Other recent news

RSS feed Facebook Twitter   Donate Share -->

• News & blog
• Monitoring guide
• Education as a right
• United Nations
• Humanitarian Law
• International Human Rights Mechanisms
• Inter-American
• Regional Human Rights Mechanisms
• What information to look at
• Where to find information
• Comparative Table on Minimum Age Legislation
• Adult education & learning
• Education 2030
• Education Financing
• Education in Emergencies
• Educational Freedoms
• Early Childhood Care and Education
• Free Education
• Higher education
• Technology in education
• Justiciability
• Marginalised Groups
• Minimum Age
• Privatisation of Education
• Quality Education
• News and blog

You are here

Women and girls, aa_78838_india_girl.jpg.

Today more girls than ever go to school. However, despite progress, women and girls continue to face multiple barriers based on gender and its intersections with other factors, such as age, ethnicity, poverty, and disability, in the equal enjoyment of the right to quality education. This includes barriers, at all levels, to access quality education and within education systems, institutions, and classrooms, such as, amongst others:

• harmful gender stereotypes and wrongful gender stereotyping
• child marriage and early and unintended pregnancy
• gender-based violence against women and girls
• lack of inclusive and quality learning environments and inadequate and unsafe education infrastructure, including sanitation

The international community has recognised the equal right to quality education of everyone and committed to achieving gender equality in all fields, including education, through their acceptance of international human rights law. This means that states have legal obligations to remove all discriminatory barriers, whether they exist in law or in everyday life, and to undertake positive measures to bring about equality, including in access of, within, and through education.

According to the latest available global figures (UIS/GEM Report Policy Paper 27/Fact Sheet 37, 2016: p. 1), 263 million children and youth are out of school—that’s 19% of all girls and 18% of all boys.

At the primary level 61 million children are out of school (a global out-of-school rate of 9%), 32.1 million of whom are girls (53%). Where out-of-school rates are higher, the gender gap tends to be wider. For example, in Sub-Saharan Africa 21% of children are out of school—23% of girls do not go to school compared to 19% of boys. Girls are also more likely to be completely excluded from primary education: 15 million girls will likely never enter a classroom compared to 10 million boys.

From a global perspective, as the level of education increases, girls tend to fare slightly better in terms of participation. At the lower secondary level 60 million adolescents do not go to school (an out-of-school rate of 16%), girls making up 48.5% (29.1 million) and boys just under 52% (31.1 million). Of the 142 million youth out of school (an out-of-school rate of 37%) at the upper secondary level, 69.1 million are girls (48.7%) and 72.7 million are boys (51.2%).

These statistics, however, mask disparities at the regional and country level. For example, in Western Asia, 20% of adolescent girls remain excluded from lower secondary education compared to 13% of boys. In sub-Saharan Africa, the female out-of-school rate is 36% compared to 32% for males. Young women are also more likely to be excluded from upper secondary education in the Caucasus and Central Asia, Northern Africa, Southern Asia, sub-Saharan Africa, and Western Asia.

Global figures also neglect the historical exclusion of girls and women from education, reflected in the statistic that two thirds of the world’s 758 million illiterate adults are women .

Despite gains in rates of girls’ enrolment in primary school there are disparities in completion rates. In sub-Saharan Africa, gender parity exists among the richest 20% who have completed primary education but among the poorest 20%, 83 girls completed primary education for every 100 boys, dropping to 73 for lower secondary and 40 for upper secondary ( UNESCO, 2016 ). At current rates, the poorest boys in sub-Saharan Africa will achieve universal primary completion in 2069, but this will take nearly 20 years longer for the poorest girls .

Many countries that demonstrate higher retention rates at the primary levels are failing to transfer these gains toward transitioning of girls to the secondary level. For example, in Tanzania, near universal enrollment for girls at the primary level has been achieved with a retention rate of 89.2%, yet girls’ transition rate to secondary level is only 32.3% ( GPE, 2013 ).

Inequalities and discrimination linked to location, poverty, and gender intersect to compound disparities in completion and transition rates. In 2013 in Nigeria, for example, over 90% of adolescents from rich households, whether urban or rural, boy or girl, were likely to complete lower secondary education whereas only 3% of poor rural young women completed lower secondary school, compared with 17% of poor rural young men ( UNESCO, 2016 ).

Participation, completion, and transition statistics, however, do not tell the whole story and certainly do not capture the ways in which girls are discriminated against within education systems and the myriad barriers that girls must overcome to complete their education, particularly regarding the quality of education they receive.

The right to education on the basis of non-discrimination and equality is a recognised right under human rights law. Provisions relating to gender equality in education can be found in both general and specific international treaties, as well as treaties concluded in most regions of the world.

At this point it may be useful to refer to our page education as a right , which explains the normative content of the right to education, that is what rights-holders are entitled to (education must be acceptable, accessible, adaptable, and available ) and states’ legal obligations to realise that content, including obligations of immediate effect, minimum core obligations, and progressive realisation, which are key to understanding the content laid out below.

To summarise, all provisions related to non-discrimination carry immediate obligations and are considered a minimum core obligation, which means states must take immediate action as a matter of priority. Provisions related to achieving substantive equality, if they are not concerned with eliminating discrimination, and achieving the right to quality education for all ( with some exceptions ) are subject to progressive realisation . This means that states have an obligation to take deliberate, concrete, and targeted steps, according to maximum available resources, to move expeditiously and effectively towards the full realisation of the right to education.

The Convention on the Elimination of All Forms of Discrimination against Women (1979, CEDAW) is the only legally binding treaty at the international level focusing exclusively on women’s rights. It interprets and applies the right to education in a way that considers the specific needs and circumstances of women and girls. Article 10 of CEDAW is the most comprehensive provision on women and girls' right to education in international law. It sets forth the normative content in relation to the elimination of discrimination against women and ensuring equal rights with men in the field of education, including:

• the same conditions for access to studies and diplomas at all educational levels, in both  urban and rural areas

the same quality of education

the elimination of any stereotyped concept of the roles of men and women (see below)

the same opportunities to benefit from scholarships and other study grants

the same access to programmes of continuing education, including literacy programmes, particularly those aimed at reducing the gender gap in education

the reduction of female student drop-out rates and programmes for women and girls who have left school prematurely

the same opportunity to participate in sports and physical education

access to educational information on health, including advice on family planning

A number of other CEDAW provisions are also relevant to gender equality in education.

Article 1 defines discrimination against women as:

any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Article 2 sets out the legal and policy measures states should undertake to eliminate discrimination against women and therefore applies to the totality of rights found in CEDAW. This includes legal and policy measures related to the implementation of the right to education on a non-discriminatory basis.

Article 3 requires states to take all appropriate measures in the political, social, economic, and cultural fields to ensure that women can exercise and enjoy their human rights on a basis of equality with men.

Article 4 sets out the conditions for the use of temporary special measures to accelerate de facto equality between men and women.

Article 5 requires states to take appropriate measures to eliminate gender stereotyping (see below), prejudices, discriminatory cultural practices, and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.

Article 7 is on the right to participate in public and political life. These rights are fundamental in ensuring that gender perspectives and issues are considered when laws, policies, and other measures affecting gender equality in education are designed, formulated, and implemented.

Article 11 (1) (c) provides for the right to vocational training and retraining, including apprenticeships, advanced vocational training, and recurrent training.

Article 14 (d) sets out the right to education of rural women, which includes the right to obtain all types of training and education, formal and non-formal, including that relating to functional literacy.

Lastly Article 16 sets out the rights of women with respects to marriage and family life. Article 16 (2) expressly prohibits child marriage and requires states to set a minimum age of marriage (see below). 

The UNESCO Convention against Discrimination in Education (1960, CADE) prohibits all forms of discrimination in education, including on the basis of sex. CADE defines discrimination in Article 1, which is more specific than CEDAW’s definition, as it applies solely to education, for example, it refers to discrimination in both access to and quality of education and to gender-segregated schools.

Article 2 (a) of CADE permits the establishment or maintenance of gender-segregated educational systems or institutions, provided they offer equivalent access to education, teaching staff with the same standard of qualifications, infrastructure and equipment of the same quality, and the opportunity to study the same or equivalent subjects. Article 2 (c) permits the establishment or maintenance of private education institutions as long as the ‘object of the institutions is not to secure the exclusion of any group’.

A number of other international human rights treaties also guarantee girls’ and women’s right to education combining general provisions on non-discrimination with specific provisions on the right to education.

The International Covenant on Economic, Social and Cultural Rights (1966, ICESCR) guarantees the right to education of everyone on the basis of equality and non-discrimination (Articles 13 and 14) and expressly prohibits discrimination on the basis of sex (Articles 2 (2) and 3). In its general comment on the right to education , the Committee on Economic, Social and Cultural Rights applies obligations under Articles 2 (2) and 3 to the right to education, clarifying, inter alia , that temporary measures to bring about de facto equality between the sexes in relation to education are legitimate as long as such affirmative action does not lead to the ‘maintenance of unequal or separate standards for different groups, and provided they are not continued after the objectives for which they were taken have been achieved.’ The Committee also provides that states ‘must closely monitor education–including all relevant policies, institutions, programmes, spending patterns and other practices–so as to identify and take measures to redress any de facto discrimination. Educational data should be disaggregated by the prohibited grounds of discrimination.’

Article 2 (2) of the Convention on the Rights of the Child (1989, CRC) prohibits discrimination on the grounds of sex. When read with Articles 28 and 29 on the right to education and the aims of education, respectively, there is a clear legal obligation to ensure equality and non-discrimination in education. In addition, the aims of education, provided for under Article 29 (1), include: ‘The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes , and friendship among all peoples’.

Article 6 Convention on the Rights of Persons with Disabilities (2006, CRPD) recognises that girls with disabilities can be subject to multiple discrimination and obliges states to ‘take all appropriate measures to ensure the full development, advancement, and empowerment of women’ regarding CRPD rights, including the right to education , guaranteed under Article 24. The Committee on the Rights of Persons with Disabilities in its interpretation of Article 24 in General Comment 4 provides that states must identify and remove barriers and put in place specific measures to ensure that the right to education of women and girls with disabilities is not hampered by gender and/or disability-based discrimination, stigma, or prejudice. Article 8 (1) (b) recognises that gender stereotypes can intersect with stereotypes about people with disabilities, and requires states to: ‘adopt immediate, effective and appropriate measures to combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life’.

The International Covenant on Civil and Political Rights (1996, ICCPR) has an autonomous non-discrimination clause (Article 26) which applies to ‘any field regulated and protected by public authorities.’ The Human Rights Committee has explained that: ‘when legislation is adopted by a State party, it must comply with the requirement of article 26 that its content should not be discriminatory. In other words, the application of the principle of non-discrimination contained in article 26 is not limited to those rights which are provided for in the Covenant.’ On this interpretation, under the ICCPR, there is an obligation to ensure that education laws and regulations do not discriminate against women and girls.

Women and girls face different barriers in relation to their education in different regions of the world. The right to education, although universal, takes on specific meanings when interpreted and applied in light of shared regional customs, traditions, cultures, values, etc. Regional human rights treaties, therefore, guarantee the right to education in an adapted form–one that acknowledges the barriers common to the region, as well as reflecting the universal and region-specific aims of education.

Africa is the only region that has a human rights treaty dedicated specifically to women and girls. Article 12 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (2003) tasks States parties with eliminating all forms of discrimination against women in education, including obligations to:

eliminate gender stereotypes in textbooks, syllabuses, and the media

protect women and girls from all forms of abuse, including sexual harassment in schools and other educational institutions, and provide for sanctions against the perpetrators of such practices

provide access to counselling and rehabilitation services to women who suffer abuses and sexual harassment

integrate gender sensitisation and human rights education at all levels

Under the Protocol states must actively promote:

literacy amongst women

education and training at all levels, in all disciplines, particularly in the sciences and technology

enrolment and retention of girls in formal and non-formal education settings, including fundamental education programmes

The Protocol also commits States parties to taking action on a number of issues affecting women and girls' right to education, including to:

eliminate discrimination against women (Article 2)

ban female genital mutilation (Article 5 (b))

set the minimum age of marriage for girls at 18 (Article 6 (b))

ensure the effective participation and representation of women in decision-making (Article 9 (2))

guarantee reproductive and health rights (Article 14)

​ The right to education of girls is also comprehensively protected by a number of other African treaties.

Article 13 of the African Youth Charter (2006, AYC) sets out the right to education as applied to African youth (defined by the AYC as every person between the ages of 15-35 years), including provisions:

requiring that curricula include information on cultural practices that are harmful to the health of young women and girls (Article 13 (3) (f))

that girls and young women who become pregnant or get married have the opportunity to continue their education (Article 13 (4) (h))

on the introduction of scholarship and bursary programmes to encourage entry into post-primary school education and into higher education for outstanding youth from disadvantaged communities, especially young girls (Article 13 (4) (l))

to establish and encourage participation of all young men and young women in sport, cultural and recreational activities as part of holistic development (Article 13 (4) (m))

to promote culturally appropriate, age specific sexuality and responsible parenthood education (Article 13 (4) (n))

Article 11 of the African Charter on the Rights and Welfare of the Child (1990) requires States parties to take special measures to ensure equal access to education for girls (Article 11 (3) (e)) and to take ‘all appropriate measures to ensure that children who become pregnant before completing their education shall have an opportunity to continue their education on the basis of their individual ability’ (Article 11 (6)).

For further information, see the African Union Commission’s and OHCHR’s Women’s Rights in Africa (2016).

In the Arab region, the Arab Charter on Human Rights (2004) guarantees equality between men and women and non-discrimination in Article 3 and the right to ‘compulsory and accessible’ primary education without discrimination of any kind in Article 41.

In Asia , the non-legally binding ASEAN Human Rights Declaration (2012) guarantees the right to education in Article 31 and non-discrimination as a general principle, but not as a human right.

In Europe , the European Convention on Human Rights (1950) guarantees the right to non-discrimination in Article 14 which read with Article 2 of the Protocol to the European Convention on Human Rights (1958) on the right to education, prohibits discrimination in education on the basis of sex. In addition, Protocol 12 to the European Convention on Human Rights (2000) prohibits discrimination in the enjoyment of any legal right as set out in national laws.

The European Social Charter (revised) (1996) prohibits discrimination under Article E, provides that the state takes all necessary measures to provide for free primary and secondary education and encourage regular attendance under Article 17, and the right to vocational guidance (Article 9) and training (Article 10).

The Convention on Preventing and Combating Violence against Women and Domestic Violence (2011, Istanbul Convention) identifies education as a key area in which to take measures to eliminate gender-based violence and its causes, and requires states to take:

the necessary steps to include teaching material on issues such as equality between women and men, non‐stereotyped gender roles, mutual respect, non‐violent conflict resolution in interpersonal relationships, gender‐based violence against women and the right to personal integrity, adapted to the evolving capacity of learners, in formal curricula and at all levels of education.

The Charter of Fundamental Rights of the European Union (2010), which applies to EU institutions and bodies and EU member states when they are acting within the scope of EU law, guarantees the right to education (Article 14), non-discrimination (Article 21), and equality between women and men (Article 23).

In addition, the Council of Europe has a non-legally binding Recommendation of the Committee of Ministers to member states on gender mainstreaming in education (2007).  

In the inter-America region the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights 'Protocol of San Salvador' (1988) prohibits discrimination under Article 3 and the right to education under Articles 13 and 16.

Articles 34, 49, and 50 of the Charter of the Organization of American States (1948) guarantee various aspects of the right to education.

The Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (1994, Convention of Belém do Pará) states that all women have the right to be free from violence which includes the right to freedom from all forms of discrimination and the right to be ‘educated free of stereotyped patterns of behavior and social and cultural practices based on concepts of inferiority or subordination’ (Article 6).

Lastly, the Inter-American Democratic Charter (2001) calls for the elimination of gender discrimination (Article 9) and states that ‘a quality education be available to all, including girls and women’. (Article 16).

When a state ratifies a human rights treaty which guarantees the right to education, without discrimination of any kind (see the three sections above), they are under a legal obligation to implement these provisions in their jurisdiction. This means that states cannot just ratify a treaty guaranteeing human rights without taking the necessary steps to make it a reality for its’ citizens. Such steps include administrative, legal, policy, and economic measures. The Committee on the Elimination of Discrimination against Women’s General Recommendation 36 on girls’ and women’s right to education elaborates such measures and lays out precise and actionable legal and policy recommendations that would bring states into compliance with obligations flowing from Article 10 and other relevant provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

States’ legal commitment to CEDAW, the Unesco Convention against Discrimination in Education (CADE), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CRC)—the four foremost treaties guaranteeing the right to education of women and girls—is relatively widespread. As of December 2017, 189 states have ratified and acceded to CEDAW which is 96% of UN Member States, CADE has 101 States parties , ICESCR has 166 States parties , and the CRC has 196 States parties . According to our research (forthcoming), which classifies states by level of legal commitment to gender equality in education based on the treaties they have ratified, nearly half of all states (87; 44%) have the highest possible legal commitment and the majority of states cluster around the two highest levels (out of six levels) (144; 73%). However, despite this, universal domestic implementation of the right to education for all women and girls is far from being achieved, which represents a major structural barrier to the realisation of gender equality in education. Below is a map showing which states constitutionally protect the right to education of women and girls.

For more information on the legal status of the right to education of girls and women in specific countries, see:

RTE’s background paper for the Global Education Monitoring Report’s 2017 Gender Review which includes information on how legally committed each state is to achieving the right to education of women and girls free from discrimination

UNESCO’s global database on the right to education (searching by the themes ‘non-discrimination’ and ‘gender equality’)

In addition, UNGEI has produced useful guidance aimed at country and regional-level education planners to assist in developing gender-responsive Education Sector Plans.

Women and girls are rights-holders and as such are entitled to the full exercise and equal enjoyment of the right to education. However, in addition to being a fundamental right in and of itself, the right to education is a ‘multiplier right’ and is, therefore, instrumental in enabling them to benefit from and claim other key rights, such as those related to work, property, political participation, access to justice, freedom from violence and health, including sexual and reproductive health and rights.

Girls who receive more education are less likely to marry as children and to become pregnant and young mothers. According to Plan, a girl in a low income country receiving seven years of education marries four years later on average, and has fewer and healthier children. According to UNESCO, children of literate mothers are over 50% more likely to live past the age of five . There are also significant health benefits for girls and women, with considerable evidence that an increase in a mother’s education reduces the likelihood of dying in childbirth .

Ensuring quality education for all girls also increases how much they can earn and counters the continued feminisation of poverty. According to the World Bank Group (WBG), one year of secondary education for a girl can mean as much as a 25% increase in wages later in life. The benefits of this are passed on to their children as women tend to reinvest 90% of their income in their families.

Studies have consistently shown that educating girls leads to significant and wide-reaching benefits not only to women themselves and their families but also to their societies and economies. Girls’ education is proven to have a powerful impact on economic growth. According to WBG a one percentage point increase in the proportion of women with secondary education raises the average gross domestic product (GDP) by 0.3 percent . Education can improve the opportunities for women to work, which in turn can impact on poverty reduction. For example, in Latin America, when women’s participation in the labour market increased 15 percent in just one decade, the rate of poverty decreased by 30 percent (WBG). 

Girls and women face specific forms of discrimination in accessing education, within education systems, and through education. The accordions below explain the most common barriers woman and girls encounter around the world. Each of these obstacles is underpinned by harmful gender stereotypes about the role of women and men in society.

Although sex is an expressly prohibited grounds of discrimination under international human rights law, it is important to recognise that women and girls are highly heterogeneous. Gender inequality and discrimination to, in, and through education is experienced in varying forms and at all levels by women and girls, depending on their personal, local, and national context. But every woman and girl who has attended school has likely encountered some form of discrimination in education at some point in her life.

Intersectional discrimination recognises that women and girls face discrimination in different ways. The interaction between gender and other factors, such as poverty, living in rural areas, and/or characteristics, such as physical or mental impairment, race, ethnicity, sexual orientation, and gender identity often exacerbates the discrimination women and girls face regarding their right to education.

For example, according to the 2016 Global Education Monitoring Report’s 2016 Gender Review (p. 19), in 2011 in India, upper secondary completion rates of rich urban girls and boys averaged 70%. For poor rural males the average was 26% but the rate was much lower for poor rural females, suggesting it is not their gender or wealth status or where they live that affects their enjoyment of their right to education but the intersection of being female, identifying as a women or girl, coming from a low income family, and living in a rural area.

Girls and women can face discrimination in all areas and throughout all stages of their life. Eliminating discrimination in education is an important start, but women and girls will often continue to face discrimination upon leaving school. Discrimination, in all its forms, whether it happens in public or private , needs to be tackled in a comprehensive and holistic manner (cross-sectorally and through various measures that take into account how discrimination and inequality aggregate throughout a woman’s life) and at all levels in order to ensure that women and girls enjoy and benefit from their education. Common challenges include:

the gender pay gap–women, on average, earn less than men ( 59% according to the World Economic Forum )

unequal political participation and representation (according to the Inter-Parliamentary Union only 23% of parliamentarians and 5.7% of world leaders are women)

under-representation in certain fields, such as in science, technology, engineering, maths (STEM), as well as sports, in particular in leadership positions

lack of flexible working arrangements, parental leave, and maternity benefits

lack of access to healthcare and enjoyment of sexual and reproductive health and rights

exposure to gender-based violence against women, including harmful practices

paid and unpaid care work which continues to be disproportionately borne by women and girls ( ActionAid report that a woman will do an average of four years extra work compared to her male peers over her lifetime)

Gender stereotypes and gender stereotyping underpin or exacerbate many of the obstacles faced by women and girls in enjoying their right to education. Ideally, education systems should be focal points for action to combat gender stereotypes and gender stereotyping. However, in some cases, the education system, and particularly the curriculum, textbooks , and teachers, play a role in perpetuating harmful gender stereotypes, which has wide ranging effects on girls throughout their lives, from the course options and subjects they take, which influences their employment prospects, to their ability to make informed decisions about their sexual and reproductive health.

According to Cook and Cusack (2010, p. 9) a gender stereotype is a generalised view or preconception about attributes or characteristics that are or ought to be possessed by, or the roles that are or should be performed by women and men. According to a OHCHR report (2013, p. 18), a gender stereotype is harmful when it limits women’s and men’s capacity to develop their personal abilities, pursue their professional careers and make choices about their lives and life plans.

Gender stereotyping is the practice of ascribing to an individual woman or man specific attributes, characteristics, or roles by reason only of her or his membership in the social group of women or men. Gender stereotyping is considered wrongful when it results in a violation or violations of human rights and fundamental freedoms.

Harmful gender stereotypes and wrongful gender stereotyping can affect girls before they step into a classroom and may even prevent girls from going to school. For example, stereotypical views that girls are domestic, homemakers, and caregivers may lead families to question the point of sending their daughters to school if they are to become wives and mothers, whilst the stereotype that men should be breadwinners means that boys are prioritised when it comes to education. Even when girls do go to school, some are still expected to juggle domestic responsibilities, such as cleaning, cooking and fetching water, on top of their school work.

Harmful gender stereotypes and wrongful gender stereotyping also affect girls in the school environment. For example, stereotypes about the different physical and cognitive abilities of girls and boys, leads to certain school subjects and teaching methods being gendered. Boys are considered better suited to maths, technology, the sciences, and sports whereas girls are considered better suited to the arts and humanities. This has the effect of excluding girls and boys from certain subjects (sometimes, particularly in gender-segregated schools, certain subjects are not even offered to female students) but also has a detrimental effect on girls’ further educational and employment opportunities, as girls and boys go on to study different subjects at university, where ‘male’ subjects tend to lead to more lucrative and influential careers. Gender inequality is then perpetuated through hiring practices that further disadvantage women .

International human rights law imposes specific obligations on states to eliminate harmful gender stereotypes and wrongful gender stereotyping. See our legal factsheet on gender stereotypes and the right to education for further information.

The Committee on the Elimination of Discrimination against Women (the Committee) defines gender-based violence against women (GBV) as ‘violence that is directed against a woman because she is a woman or that affects women disproportionately’ ( General Recommendation 19 , para. 6). Such violence takes multiple forms, including: ‘acts or omissions intended or likely to cause or result in death or physical, sexual, psychological or economic harm or suffering to women, threats of such acts, harassment, coercion and arbitrary deprivation of liberty’ ( General Recommendation 35 , para. 14).

The Committee considers GBV to be a form of discrimination, under Article 1 of the Convention on the Elimination of All Forms of Discrimination against Women (1979, CEDAW). The Committee’s legal interpretation of GBV as a human rights violation can be found primarily in General Recommendations 19 and 35 .

Gender-based violence against girls , for instance, rape, domestic violence, sexual harassment and assault, corporal punishment, and harmful practices such as child marriage (see above) and female genital mutilation can keep girls out of school temporarily or indefinitely. Evidence collected by the World Bank Group (2015, p. 1) shows that in Nicaragua, ‘63% of the children of abused women had to repeat a school year and dropped out of school on average four years earlier than others.’ And in Zambia, ‘girls who experienced sexual violence were found to have more difficulty concentrating on their studies, some students transferred to another school to escape harassment, and others dropped out of school because of pregnancy.’

GBV often occurs in schools, known as ‘school-related gender-based violence’ (SRGBV), which Unesco defines as: ‘acts or threats of sexual, physical or psychological violence occurring in and around schools, perpetrated as a result of gender norms and stereotypes, and enforced by unequal power dynamics’ (2016, p. 13). SRGBV can often lead to girls under-performing and/or dropping out of school altogether.

SRGBV commonly affects girls on the journey to and from school, where there is little to no supervision, for example, in Japan female students have reported being sexually assaulted on public transportation . The World Bank Group report that parental fears for the safety of girls in traveling to school impact female enrolment rates in Africa, South Asia, and the Middle East.  

SRGBV also occurs on school premises making the school environment unsafe and not conducive for learning. It can be perpetrated by both teachers and other students. A 2010 survey in the Côte d’Ivoire found that 47% of teachers reported initiating sexual relations with students. In Kenya, after a confidential helpline was set-up, over 1000 teachers were dismissed for abusing girls , mostly in poor, rural areas. Examples of SRGBV also includes bullying by fellow students . SRGBV is not confined to primary and secondary education. At universities and colleges around the world, female students are victims of physical and sexual violence including rape, bullying, and harassment. End Violence Against Women report that 1 in 7 female students in the UK experience serious physical or sexual assault during their time as a student.

SRGBV is increasingly taking place online, through digital technologies, for instance, instant messaging and social media. Gender-related forms of cyberbullying and harassment include being sent inappropriate photos and being coerced into sending sexual images.

SRGBV also includes attacks on girls for accessing education , motivated by ‘fears surrounding the potential role of education as a catalyst for social, cultural, economic and political transformation’ (OHCHR, 2015, p. 4). Prominent examples include the abduction of nearly 300 schoolgirls in April 2014 by Boko Haram in northeast Nigeria and the 2012 shooting of education activist Malala Yousafzai by members of the Taliban in Pakistan (p. 3).

International human rights law prohibits GBV in all settings, including in education. This includes acts or omissions by state actors and bodies, such as public authorities and officials, as well as by non-state actors, for example, partners, family members, teachers, etc. States have specific responsibilities under human rights law dependent on the perpetrator which are well explained in paragraphs 21-6 of CEDAW General Recommendation 35 .  

See our legal factsheet for specific provisions of international and regional law relating to gender-based violence against women . 

For further reading, see Unesco and UN Women (2016) Global guidance on school-related gender-based violence . See also Global Education Monitoring Report’s blog Teachers are central to any effective response to school-related gender-based violence ( part 1 and part 2 ).

Child marriage is any formal marriage or informal union where one or both of the parties are under 18 years of age. According to Girls Not Brides , every year 15 million underage girls get married. Globally, it is estimated that there are 720 million women alive today who were married before the age of 18—that’s 10% of the world’s population. Child marriage happens everywhere but is most prevalent in south Asia (45% of girls married by 18; 17% married by 15), sub-Saharan Africa (39%; 12%), and Latin America and the Caribbean (23%; 5%).

Child marriage violates multiple human rights , including the right to education, making it a particularly egregious practice. Children who get married are more likely to drop out of school and children who are not in school are more likely to get married. Statistics from the World Bank and International Center for Research on Women reveal that 10-30% of parents, depending on country, reported that their child dropped out of secondary school due to child marriage and/or pregnancy. Their research also indicates that for every year a girl marries before the age of 18, the likelihood she completes secondary education decreases by 0.22 years on average. In Latin America and Asia, girls who marry before the age of 12 have a reduced likelihood of 21% of completing their secondary education.

Although permissible under international law, marriages that occur after the age of 18 may also affect a girl’s education, particularly her ability to access higher education or other forms of tertiary education.

Linked to child marriage is early and unintended pregnancy. Girls Not Brides report that 90% of adolescent births in low and lower-middle income countries are to married girls. Pregnancy and motherhood often has profound impacts on girls’ education. Pregnant girls are often banned from attending school and sitting exams, and mothers often lack access to bridging programmes which allow girls to catch-up on their missed education in order to reenter mainstream education. Further, lack of free early childhood care and widely held beliefs that child rearing is the primary responsibility of the mother, means that women and girls often do not reenter education.

Pregnancy and motherhood can also occur independently from child marriage, as a result of rape, which is particularly common during conflict and other emergencies (see the case of Sierra Leone which saw an increase in teenage pregnancy during the ebola crisis due to the closure of schools). Teenage pregnancy and motherhood is also a product of a lack of information about sexual and reproductive health and a lack of access to contraception (birth control). See for example, our photo essay on the right to education of pregnant girls in Kenya . 

So what does international law say about child marriage and what obligations do states have to ensure the right to education of married and/or pregnant girls?

The Committee on the Rights of the Child and the Committee on the Elimination of All Forms of Discrimination against Women have stated, in a Joint Recommendation , that the minimum age for marriage should be 18 for both men and women. However, the committees take the view that a balance must be struck between recognising that child marriage is a harmful, discriminatory practice and respecting that in exceptional cases some children may be mature and capable enough to make informed decisions for his/herself regarding getting married, provided the child in question is at least 16 years old and such decisions are assessed by a judge ‘based on legitimate exceptional grounds defined by law and on the evidence of maturity, without deference to culture and tradition’ (para. 20).

This limited exception, however, does not in any way dilute states’ obligations to eliminate child marriage and early or unintended pregnancy, and to protect the human rights of child brides and mothers, including the right to education.

In order to prevent child marriage states must establish and enforce a minimum age of marriage of 18. Often, minimum legal ages for marriage are set, but the law is inconsistent (see Tanzania , for example), customary law, such as Shari’a or tribal law applies, or the law allows girls to be married in certain situations, for example, if she is pregnant or has parental permission. Under international law, exceptions such as these are prohibited.

In Africa, regional human rights law is strong and mandates that states enact legislation that sets the minimum age of marriage at 18 without exception (Article 6 (b), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa [2003]; Article 21 (2), African Charter on the Rights and Welfare of the Child [1990]. For further information on the interpretation of these articles, see the Joint General Comment of the African Commission on Human and Peoples’ Rights and the African Committee of Experts on the Rights and Welfare of the Child on ending child marriage ). 

The map below illustrates that very few states have set the minimum age of marriage at 18. This is particularly true of the Americas, sub-Saharan Africa, and South East Asia—all regions with high child marriage prevalence rates. It should also be pointed out that child marriage is permissible by law in a number of ‘global north’ countries, notably the US .

Under international law, states are not allowed to refuse access to school by expelling girls on the basis of marriage, pregnancy, or having given birth as this would constitute discrimination. This includes a prohibition of mandatory pregnancy testing, which has been documented in various African states , including: Tanzania, Ghana, Kenya, Nigeria, Sierra Leone, Uganda, and Zimbabwe.

Further, in order to rectify the negative impacts of child marriage and early pregnancy on the right to education, for example, if a girl misses any of her primary education, states must provide fundamental education, that is education that replaces missed primary education for girls who become married or pregnant at primary school age (Article 13 (d), International Covenant on Economic, Social and Cultural Rights). However, most child marriages and early pregnancies occur during secondary education. The Convention on the Elimination of All Forms of Discrimination against Women (1979, CEDAW) adapts the fundamental education provision to include obligations to make efforts to keep girls in school and to organise ‘programmes for girls and women who have left school prematurely’ (Article 10 (f)). Programmes that allow girls to re-enter education are known as ‘re-entry programmes’. Successful examples of reentry programmes include Zambia and Uganda.

Given the prevalence of child marriage and pregnancy in African countries, African human rights law also makes provision for fundamental education and reentry programmes but protections are inconsistent.

The African Youth Charter (2006) requires states to: ‘Ensure, where applicable, that girls and young women who become pregnant or married before completing their education shall have the opportunity to continue their education’ (Article 13 (4) (h)).

Article 12 (2) (c) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa is less specific and urges states to ‘promote the enrolment and retention of girls in schools and other training institutions and the organisation of programmes for women who leave school prematurely’.

Article 11 (6), African Charter on the Rights and Welfare of the Child, requires states to take ‘all appropriate measures to ensure that children who become pregnant before completing their education shall have an opportunity to continue with their education on the basis of their individual ability.’ Although this provision would seem to provide for re-entry programmes, the caveat that such opportunity is based on ‘individual ability’ falls short of international standards.

International law also seeks to empower girls to make decisions for themselves regarding unintended pregnancy and requires that sex, reproductive health, and responsible parenthood education is given to both boys and girls. See, for example, Article 10 (h), Convention on the Elimination of All Forms of Discrimination against Women and Article 13 (4) (n), African Youth Charter. Below is a video explaining the importance of comprehensive sexuality education.

Lastly, international law requires states to dismantle the social, economic, cultural, and political conditions that facilitate the pervasive nature of this practice. A holistic approach is required to eliminate child marriage and pregnancy because its causes are varied and deeply entrenched. However, evidence suggests that any approach must include efforts to ensure girls enjoy and can exercise their right to education. Girls Not Brides states that girls with a secondary education are six times less likely to marry than a girl with little or no education.

For more information on preventing child marriage and early and unintended pregnancy through education, see Unesco’s Early and unintended pregnancy: Recommendations for the education sector (2017).

A bad school environment can deter girls from attending school and also negatively impact on the quality of education girls receive. The school environment refers not just to the physical infrastructure of the school premises but also the wider learning environment.

According to international human rights law, the school environment must not impair the right to education and it must also contribute to the aims of education and the right to a quality education by creating an inclusive and quality learning environment (see paras 10, 19, and 22 of the Committee on the Rights of the Child’s General Comment 1 ).

Common barriers regarding the learning environment, include:

discriminatory curricula, learning materials , and teaching methods (pedagogies) (see above sections on international human rights law and gender stereotypes)

a culture of bullying (see above section on gender-based violence against women and girls)

school regulations and sexist dress codes , including the banning of religious symbols in schools

Perhaps one of the most significant barriers to an inclusive and quality learning environment is the lack of female teachers particularly in low and middle income countries, which is itself a manifestation of the historical lack of access to education and harmful gender stereotypes about the role of women. A Unesco brief highlights (2008, p. 1-2) that increasing the number of women teachers has a positive impact on girls’ education, because:

in some conservative communities, parents will not allow their daughters to be taught by a male teacher

the presence of women in schools can impact positively on girls’ retention in school and on their achievement

at the school policy level, women teachers may act as advocates for girls, representing their perspectives and needs, and promoting more girl-friendly learning

women teachers provide new and different role models for girls, breaking down harmful gender stereotypes

In respects to the physical school environment, inadequate and unsafe infrastructure, particularly the lack of toilets, gender-segregated toilets, changing facilities, and access to safe drinking water may discourage girls from attending school. Lack of toilets and in particular gender-segregated toilets affects both girls and boys, however given the specific needs of girls, the impact disproportionately falls on girls.

Girls require toilets for menstrual hygiene purposes, this includes access to sanitary products, without which girls often miss school because of the social stigma of menstruation, they are unable to concentrate during classes, amongst other reasons. For example, the Guardian reports that girls from low income families in the UK often miss schools because they cannot afford sanitary products and do not ask for them because of the social stigma attached to menstruation .

Within the school premises, toilets, especially non-gender segregated toilets, tend to be where girls are most vulnerable to school-related gender-based violence because they are often unsupervised.

Poverty is the biggest factor determining whether a girl accesses education. According to the Global Education Monitoring report , in all regions except sub-Saharan Africa, children from rich families, whether boy or girl, will most likely attend all levels of basic education. However, girls from poor families in sub-Saharan Africa, Northern Africa and Western Asia, and Southern Asia, which are less likely than their male peers to attend school and this lack of participation increases at higher education levels (2016, p. 10).

A number of factors contribute to girls from poor families not being able to attend school, the biggest of which is the lack of free education , particularly in the formative years. This may be because governments do not have legal and policy frameworks in place to make free education a reality or they do but it is not effectively implemented, or it may not be adequately resourced, or there may be corruption which draws resources away from their intended use.

Lack of free education results in an added financial burden on families, which may come in the form of school fees (or other direct fees) or indirect fees such as for school uniforms, exam fees, security, school transportation, etc. Such fees are a direct barrier to school attendance for many girls, either because families cannot afford these costs or the costs may force families to select which of their children to send to school. In such instances, it is usually boys who are favoured because of the low social and economic value placed on the education of girls. To mitigate this, international human rights law requires states to guarantee free and compulsory primary education, progressively free education at all other levels, and targeted measures for groups at risk of dropping out (for instance, school transportation for students living in rural areas). Human rights law, however, neglects the importance of free or accessible early childhood care and education (ECCE)/pre-primary education. ECCE has positive impacts on child development and targeted ECCE interventions ‘can compensate for vulnerability and disadvantage, regardless of underlying factors such as poverty, gender, ...’ (EFA Global Education Monitoring Report 2007: Strong foundations , p. 113). For further information on states’ human rights obligations, see our page on free education .

Lack of free education is closely linked with government priorities reflected in fiscal policy. Ostensibly because of the 2008 financial crisis, there has been a trend in governments reducing spending on public services, including education, by decreasing the amount they collect through taxation. Such austerity measures have had a disproportionate impact on women and girls, particularly as it is the most marginalised in society who tend to benefit from public services.

One of the consequences of austerity and the failure of states to effectively formulate, implement, resource, and enforce free education legal and policy frameworks as per their human rights obligations is the growth of private education providers, mainly in low and middle income countries, but the phenomenon has increasingly been observed in high income countries (see for example, the UK , US , and Sweden ).

The privatisation of education poses several human rights concerns that may negatively impact girls’ education , for instance: it may encourage further divestment in public education, gradually eroding the public education system and its capacity to reach the most marginalised, particularly girls with disabilities and private providers can indirectly discriminate against girls by levying fees which have a disproportionately negative impact on girls’ participation in education, due to parental favouring of boys’ education.

International human rights law imposes obligations on states to ensure that private providers do not impair the right to education. See our page on the privatisation of education for further information.

Finally, global action to tackle poverty through sustainable development has also focused on gender inequality and education. The international community has, through the 2030 Agenda for Sustainable Development , recognised the importance of inclusive and quality education ( sustainable development goal 4 ) and gender equality and women’s empowerment ( sustainable development goal 5 ) in achieving sustainable development and has adopted various goals, targets, and indicators that are largely aligned with human rights law. See our page on Education 2030 for more information. See also our contribution to the Global Education Monitoring report 2017-8 Gender Review (forthcoming).

International

• Convention on the Elimination of All Forms of Discrimination against Women  (1979, Article 10; General Recommendations 19, 25, 28, 35, and 36)
• International Covenant on Economic, Social and Cultural Right s (1966, Articles 2 and 13; General Comments 13 and 16)
• Convention on the Rights of the Child  (1989, Articles 2, 28 and 29; General Comment 1)
• International Covenant on Civil and Political Rights  (1966, Articles 2, 3, 24, 25 and 26; General Comment 28)
• UNESCO Convention against Discrimination in Education  (1960, Articles 1-4)
• African Charter on Human and Peoples' Rights  (1981, Articles 2 and 17)
• African Charter on the Rights and Welfare of the Child  (1990, Article 11)
• Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa  (2003, Article 12)
• African Youth Charter  (2006, Article 13)
• European Convention for the Protection of Human Right and Fundamental Freedoms  (1948); Optional Protocol 1  (1952) and Optional Protocol 12  (2000) (Article 14 of the Convention, Article 2 of the First Protocol and Article 1 of the Twelfth Protocol)
• European Social Charter (revised)  (1996, Articles E, 7, 10 and 17)
• Recommendation on Gender Mainstreaming in Education  (2007)
• Charter of Fundamental Freedoms of the European Union  (2000, Articles 14 and 23)

Inter-America

• Additional Protocol to the American Convention on Human Rights, Protocol of San Salvador  (1998, Articles 13 and 16)
• Inter-American Democratic Charter  (2001, Article 16)
• Arab Charter on Human Rights  (2004, Article 41)

For more details, see International instruments - Girls and women's right to education

Other Issues

No One Has a Right to Protest in My Home

The difference between a private yard and a public forum

Listen to this article

Produced by ElevenLabs and News Over Audio (NOA) using AI narration.

As a constitutional scholar and the dean of the UC Berkeley School of Law, I strongly defend the right to speak one’s mind in public forums. But the rancorous debate over the Israel-Hamas war seems to be blurring some people’s sense of which settings are public and which are not. Until recently, neither my wife—Catherine Fisk, a UC Berkeley law professor—nor I ever imagined a moment when our right to limit a protest at a dinner held at our own home would become the subject of any controversy.

Ever since I became a law-school dean, in 2008, the two of us have established a custom of inviting each class of first-year students over for a meal. These dinners help create and reinforce a warm community, and, to accommodate all students, they take place on many evenings during the year. The only exceptions were in 2020 and 2021 because of COVID. So last year and this year, at the request of the presidents of the third-year classes, we organized make-up dinners on three successive nights and invited each of the 400 graduating students to attend one.

The week before the dinners on April 9, 10, and 11, though, a group at Berkeley called Law Students for Justice in Palestine put a profoundly disturbing poster on social media and on bulletin boards in the law-school building. No dinner with Zionist Chem while Gaza starves , the poster declared in large letters. (Students sometimes refer to me as “Chem.”) It also included a caricature of me holding a bloody knife and fork and with what appeared to be blood around my lips—an image that evokes the horrible anti-Semitic blood libel, in which Jews are accused of killing and cannibalizing gentile children. The poster attacks me for no apparent reason other than that I am Jewish. The posters did not specify anything I personally had said or done wrong. The only stated request was that the University of California divest from Israel—a matter for the regents of the University of California, not the law school or even the Berkeley campus.

George Packer: The campus-left occupation that broke higher education

Several Jewish students and staff members told me that the posters offended them and asked me to have them removed. Even though their presence upset me too, I felt that I could not take them off bulletin boards at a public law school. Though appalling, they were speech protected by the First Amendment.

The group responsible for the posters was not content to have its say on paper. Student-government leaders told me that Law Students for Justice in Palestine demanded that my wife and I cancel the dinners; if not, the group would protest at them. I was sad to hear this, but the prospect of a demonstration in the street in front of our home did not change our plans. I made clear that we would still host dinners for students who wanted to attend.

On April 9, about 60 students came to our home for dinner. Our guests were seated at tables in our backyard. Just as they began eating, I was stunned to see the leader of Law Students for Justice in Palestine—who was among the registered guests—stand up with a microphone that she had brought, go up the steps in the yard, and begin reading a speech about the plight of the Palestinians. My wife and I immediately approached her and asked her to stop speaking and leave the premises. The protester continued. At one point, my wife attempted to take away her microphone. Repeatedly, we said to her: You are a guest in our home. Please leave.

The student insisted that she had free-speech rights. But our home is not a forum for free speech; it is our own property, and the First Amendment—which constrains the government’s power to encroach on speech on public property—does not apply at all to guests in private backyards. The dinner, which was meant to celebrate graduating students, was obviously disrupted. Even if we had held the dinner in the law-school building, no one would have had a constitutional right to disrupt the event. I have taught First Amendment law for 44 years, and as many other experts have confirmed, this is not a close question.

Some attendees sympathetic to the student-group leader recorded a video. An excerpt of it appeared on social media and quickly went viral. Soon newspapers and magazines published stories about it. Some commentators have criticized my wife for trying to get hold of the microphone. Some have said that I just should have let the student speak for as long as she wanted. But in all of the dinners we have held over more than 15 years, not once has anyone attempted to give a speech. We had no reason to change the terms of the dinner to accommodate someone from an organization that put up anti-Semitic images of me.

After struggling over the microphone, the student said if we let go of it, she would leave. We relented, and she departed, along with about 10 other students—all of whom had removed their jackets to show matching T-shirts conveying a pro-Palestinian message.

Michael Powell: The unreality of Columbia’s ‘liberated zone’

The dinners went forward on Wednesday and Thursday. On Thursday night, about 15 people came to our home and stood on the street in front of it, and then on the path directly next to our backyard. They chanted loudly and at times offensively. They yelled and banged drums to make as much noise as possible to disturb the dinner. The event continued.

Being at the center of a social-media firestorm was strange and unsettling. We received thousands of messages, many very hateful and some threatening. For days, we got death threats. An organized email campaign demanded that the regents and campus officials fire my wife and me, and another organized email campaign supported us. Amid an intensely painful sequence of events, we experienced one upside: After receiving countless supportive messages from people we have met over the course of decades, we felt like Jimmy Stewart at the end of It’s a Wonderful Life .

Overall, though, this experience has been enormously sad. It made me realize how anti-Semitism is not taken as seriously as other kinds of prejudice. If a student group had put up posters that included a racist caricature of a Black dean or played on hateful tropes about Asian American or LGBTQ people, the school would have erupted—and understandably so. But a plainly anti-Semitic poster received just a handful of complaints from Jewish staff and students.

Many people’s reaction to the incident in our yard reflected their views of what is happening in the Middle East. But it should not be that way. The dinners at our house were entirely nonpolitical; there was no program of any kind. And our university communities, along with society as a whole, will be worse off if every social interaction—including ones at people’s private homes—becomes a forum for uninvited political monologues.

I have spent my career staunchly defending freedom of speech. As a dean, I have tried hard to create a warm, inclusive community. As I continue as dean of Berkeley Law, I will endeavor to heal the divisions in our community. We are not going to solve the problems of the Middle East in our law school, but we must be a place where we treat one another with respect and kindness.

Advertisement

Supported by

What the First Amendment Means for Campus Protests

Encampments? Occupying buildings? Demonstrators cite their right to free expression, but the issues are thorny.

• Share full article

By Alan Blinder

Follow our live coverage of the college protests at U.C.L.A. and other universities.

Protesters on college campuses have often cited the First Amendment as shelter for their tactics, whether they were simply waving signs or taking more dramatic steps, like setting up encampments, occupying buildings or chanting slogans that critics say are antisemitic.

But many legal scholars, along with university lawyers and administrators, believe at least some of those free-speech assertions muddle, misstate, test or even flout the amendment, which is meant to guard against state suppression.

Whose interpretation and principles prevail, whether in the courts or among the administrators in charge of meting out discipline, will do much to determine whether protesters face punishments for campus turmoil.

The First Amendment doesn’t automatically apply at private schools.

Public universities, as arms of government, must yield to the First Amendment and how the courts interpret its decree that there shall be no law “abridging the freedom of speech” or “the right of the people peaceably to assemble.”

But private universities set their own standards around speech and protest.

To be sure, private universities tend to embrace free expression more than, say, private businesses. Those policies and approaches, though, are driven by principles like academic freedom and the marketplace of ideas, not constitutional law.

Columbia University, a hub through this round of campus protests and the scene of an enormous police response on Tuesday night, has not forbidden all speech. But its current policy includes a set of rules, such as permissible demonstration zones and preregistration of protests, that the university says are intended to ensure safety while promising that “all members of the university community have the right to speak, study, research, teach and express their own views.”

Legal scholars have said that while the university’s approach may anger students and faculty members, and may even curtail speech on campus, Columbia faces far less legal risk than any public school might.

‘Time, place and manner’ is a crucial standard.

Academic administrators and the courts alike often find comfort in frameworks, and the notion of “time, place and manner” is deeply embedded in case law involving free speech.

Under that doctrine, governments may sometimes regulate logistical details associated with speech. The doctrine is not a blank check for state power over speech — a government must, for example, apply regulations without discriminating against a viewpoint — but it allows for some restrictions in the pursuit of public safety and order.

For university leaders, the doctrine offers a template of sorts for protest policies that can survive legal scrutiny and withstand political backlashes.

“We always thought that time, place, manner — if applied in a fair, open and completely neutral way — was the best mechanism to both allow protest and also to ensure that protest didn’t disrupt academic programming and activities,” said Nicholas B. Dirks, a former chancellor of the University of California, Berkeley, which has one of the richest traditions of protest in higher education.

But, Dr. Dirks added, “That’s easier said than done.”

Another important test is ‘imminent lawless action.’

The Supreme Court, soon after World War I, delivered a First Amendment ruling that included the phrase “clear and present danger.” About 50 years later, the court adopted an approach focused on “imminent lawless action.”

That test is important in gauging whether, for example, the First Amendment protects an antisemitic chant. If the rhetoric is intended to provoke an “imminent lawless action” and is likely to do so, it is not considered constitutionally sound. But a chant that fails any part of that standard is protected, meaning that even some grotesquely uncomfortable, distasteful speech may not be subject to discipline by the government.

“The tricky part is when the conduct and the speech are close to the line,” said Timothy J. Heaphy, who was a United States attorney during the Obama administration and later the university counsel at the University of Virginia.

Some threatening behavior on campuses is illegal under federal civil rights law. Two men, for instance, pleaded guilty to using a threat of force to intimidate Black students and employees at the University of Mississippi after they placed a noose around a campus statue of James Meredith, the first Black student to enroll there, in 2014. One of the men was sentenced to prison.

Are encampments covered by the First Amendment?

Although some campus protesters consider their encampments to be a form of speech, the courts have held that restrictions on overnight camping and the like can meet the time, place and manner test, even on public property.

In a 7-2 ruling in 1984, for instance, the Supreme Court ruled that the National Park Service could refuse a request for protesters to spend nights in “symbolic tents” near the White House under its regulations against sleeping in places that were not classified as campgrounds.

“The regulation forbidding sleeping meets the requirements for a reasonable time, place, or manner restriction of expression,” Justice Byron White wrote in his opinion.

“The regulation is neutral with regard to the message presented, and leaves open ample alternative methods of communicating the intended message concerning the plight of the homeless,” he added.

A court would never see a building occupation like the one this week at Columbia, Mr. Heaphy predicted, as a protected First Amendment activity.

“Students occupied the building,” he said. “That’s conduct. That’s not going to last.”

Can universities change policies?

Generally, yes, but, for public universities, the First Amendment still applies.

Again, private universities have more discretion.

At the University of Chicago, the president, Paul Alivisatos, noted this week that while encampments violate school rules, administrators “may allow an encampment to remain for a short time despite the obvious violations of policy.”

Floating that possibility, he cited “the importance of the expressive rights of our students” and said that “the impact of a modest encampment does not differ so much from a conventional rally or march.”

But he signaled the university would not allow its policy to be eviscerated, and he urged students involved with the encampment “to instead embrace the multitude of other tools at their disposal.”

Alan Blinder is a national correspondent for The Times, covering education. More about Alan Blinder

Our Coverage of the U.S. Campus Protests

News and Analysis

The most recent  pro-Israel counter demonstration was at the University of California, Los Angeles, home to large Israeli and Jewish populations. More are planned in the coming days , stirring fears of clashes.

An officer whose gun went off inside a Columbia University building fired it accidentally  as the police were removing pro-Palestinian protesters from the campus, the New York Police Department said.

A union representing academic workers said it would file unfair labor charges  against the U.C.L.A. and potentially walk out over the handling of protests this week.

Exploiting U.S. Divide:  America’s adversaries have mounted online campaigns to amplify  the social and political conflicts over Gaza flaring at universities, researchers say.

A Year Full of Conflicts:  The tumult in Bloomington, Ind., at Indiana University where large protests have led to dozens of arrests and calls for university leaders to resign, shows the reach of the protest movement .

Seizing Hamilton Hall:  Some of those arrested during the pro-Palestinian demonstration at Columbia were outsiders  who appeared to be unaffiliated with the school, according to an analysis of Police Department data.

A Collision Course:  Desperate to stem protests that have convulsed campuses across the country , a small number of universities have agreed to reconsider their investments in companies that do business with Israel. But how?