The Right to Education in Emergencies

Human rights in emergencies

Human rights are means to a life of dignity. They are universal and inalienable; they cannot be given, nor can they be taken away. They may be divided into civil, cultural, economic, political and social; all are interrelated, indivisible and interdependent. Some are subject to immediate implementation (non-discrimination, protection and right to life), and some to progressive realisation (education).

Human rights in emergencies are the same as human rights at all times and in all situations; they do not disappear, cannot be diluted, or put on hold, this is especially so for non-discrimination. However, it may be necessary to prioritise in the early stages of an emergency and recognise the need for a progressive realisation of rights, since challenges to secure rights do grow in emergencies and the risks of their violation multiply. It is equally important to remember how emergencies create ruptures that may also help to further embed a long-term culture of rule of law, emergencies, for all their adversity, may thus also serve as windows of opportunity.

International Human Rights Law (IHRL)

Disasters and conflict are subject to International Human Rights Law (IHRL). International Human Rights Law is the body of international legal treaties and normative standards that guarantee and regulate human rights. Under IHRL it is the State that has the duty to respect, protect and fulfil the rights of any individual within its territory or sphere of influence. The relationship between rights-holder (individual) and duty-bearer (State) is the most important in human rights. Other states and the international community have a right and duty to assist or intervene if a State cannot or will not live up to its obligations. The State affirms its duties through its constitution, national laws, policies, budget allocations and the ratification of international human rights treaties. Accountability, the rule of law and access to justice mean that there is a system in place to uphold and protect people’s rights.

During conflict, however, International Humanitarian Law (IHL) applies as well, underpinning IHRL, regulating hostilities, protecting civilians, and placing duties on those actors who may challenge, supplant or act on behalf of the State. IHL is applicable between individuals as well as between the State and the individual, and violations of IHL may be war crimes carrying criminal responsibility, judged under International Criminal Law.

Refugee law is a fourth body of law, regulating the duties of host-states, camp authorities, the international community and humanitarian actors in the safeguard and care of populations displaced over national borders. Internally displaced people (IDPs) must be afforded the same protection as everyone else under IHL and IHRL.

To know and at all times act in accordance with international law is the responsibility of States, humanitarian actors and others who temporarily take on the role of duty-bearer. Providing adequate and up-to-date human rights education to these key actors is therefore of utmost importance.However, judicial systems are not enough; human rights rely on vibrant civil societies to challenge and interpret them, and to understand both the possibilities and limitations of the law. Here rights become political tools, not just legal entities. Equally important is it that rights are sustained and embedded through awareness raising and human rights education, leading to shared values and a culture of respect.

The right to education in emergencies

The right to education is a human right and an end in itself: ensuring humans can reach their full potential and claim their other rights; it offers protection and structure in times of instability, aiding children and those most vulnerable to retain a normal life and build the best foundations for a better future. Education is not just about access, but foremost about quality. If children do not learn anything, then enrolment rates have little meaning.

The meaning and content of the right to education may be described by using a simple four-part illustration:

• Availability: duty-bearers must ensure free and compulsory good quality education available for all children up to a defined age minimum, with safe schools and appropriate infrastructure and facilities, especially trained teachers.
• Accessibility: duty-bearers must eliminate any discrimination on the basis of internationally prohibited grounds: ethnicity, economic status, disability, gender etc; education must be free and physically accessible, protected from attacks.
• Acceptability: duty-bearers must ensure that education is acceptable to children, parents and teachers, with relevant content and methods, respecting everyone’s rights; utmost attention must be paid to the needs of minority and indigenous groups.
• Adaptability: duty-bearers must ensure that education is adaptable to the child’s specific situation and ability; emergencies create enhanced vulnerability to disability and maiming, and the reality of displacement, for month and years.

These four provisions apply equally in times of peace as in war, conflict, and disasters. They are reflected in human rights law, their achievement defines a process as well as an end, and they challenge inequalities and abuse, teach citizenship, shared values, peace and reconciliation.

Human Rights Based Approach to Education

A human rights based approach (HRBA) to education planning takes the language and spirit of human rights law as its foundation and can be achieved by understanding, respecting and bringing to life the following five PANEL concepts:

• Participation: mechanisms must ensure that all affected groups, especially learners most at risk, participate in the planning and realisation of education. In emergencies, channels must be open for participation, so all voices are heard, and this is the key obligation of the various duty-bearers.
• Accountability: all decisions must be fully transparent, budgets must be open for scrutiny, to counter corruption and neglect by duty-bearers, a particular concern in times of emergencies where normal oversight mechanisms may be dysfunctional given the sudden influx of other service providers and duty-bearers than the State.
• Non-discrimination: it is the core human rights obligation of any duty-bearer to ensure that everyone has equal access to education, especially the weakest and most vulnerable groups. The grounds for discrimination often multiply in emergencies, and many more groups will be marginalised in unexpected ways.
• Empowerment: participation builds ownership and empowerment, giving people a voice to claim their rights and assist others; this is especially important in emergencies, where normal structures will have ceased to function. Voices are the democratic means by which rights-holders can hold duty-bearers to account.
• Link to the law: the knowledge of human rights law must be used to challenge existing practice and to embed new improved standards. In emergencies, possibly with suspended rule-of-law, such knowledge must be used to document violations and access the mechanisms afforded by law, immediately or in the near future.

* This and the following pages have been developed in collaboration with the Right to Education Project