GlobalChild Platform

Article 28: Right to education

  1. States Parties recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available   and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

  1. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.
  2. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

-UN Convention on the Rights of the Child

Overview of Article 28

Requiring progressive realization of compulsory and free education[1], Article 28 echoes the International Covenant on Economic, Social and Cultural Rights (ICESCR)[2] in enshrining the right to education for all [1-2]. CRC Committee’s authoritative interpretation adds to earlier human rights standards by requiring that education be child-friendly and child-focused[3], and by calling for international cooperation to facilitate its provision [3]. Although silent on ages for starting or finishing school, the Committee has asked governments to establish minimum and maximum ages for compulsory education [4]; encouraged the inclusion of early childhood education and care [5-7]; and suggested that the end of compulsory education coincide with the minimum age for employment [8-10]. Further, the Committee has interpreted the article to apply to regular and non-formal education [11], and has recommended non-formal education for children who have difficulty attending schools [12-13].

Article 28 intersects with many other substantive rights of the children including articles 13-17, 19, 23(3), 24 (e), and 29-31.

In terms of the bearing of the guiding principles, Article 2 requires that education be non-discriminatory and Article 3 obliges that the best interests of the child are a primary consideration in all decisions concerning education. Additionally, Article 6 requires providing education as a means to promoting the maximum development of the child, while Article 12: obliges the provision of opportunity for children to participate meaningfully in all decisions concerning education. It is strengthened through the provisions of Article 24 of the UN Convention on the Rights of Persons with Disabilities which emphasizes the necessity for inclusive education systems and the General Comment that further elaborates this principle [14-15].

[1] A number of States expressed concern about this during the drafting. See Detrick, (1992). The United Nations Convention on the Rights of the Child: A Guide to the pp. 383-386.11

[2] International Covenant on Economic, Social and Cultural Rights: Article 13

[3] Some members of the working group wished to preserve the traditional principle of parental rights to ensure the child’s education is consistent with parents’ religious and moral convictions. However, this was rejected in favor of maintaining a child-friendly and child-centered focus. Verheyde, (2005). A Commentary on the United Nations Convention on the Rights of the Child, Article 28. See also UNICEF, (2007); Implementation Handbook.

Core attributes of Article 28

The core attributes of Article 28 are:

  • Access to Universal primary and secondary education
  • Ensuring de jure and de facto equality of and opportunity in education
  • Educational standards and resources
  • Freedom in education


Each of these attributes can be measured in terms of structural or process implementation or in terms of outcomes achieved through implementation as outlined in the table below. Some indicators, for instance the structural ones, may be common to all four attributes. Others are common to two or more attributes and other still are specific to each indicator. An attempt has been made to balance the use of objective and subjective data indicators as well as qualitative and quantitative ones.

What did children say?

These are some ideas that children from around the world shared with us during the Global Child Rights Dialogue (GCRD) project:

Relevant provisions within the SDGs
  1. Goal 4 Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
    • SDG 4.A Build and upgrade education facilities that are child, disability and gender sensitive and provide safe, non-violent, inclusive and effective learning environments for all.
      • SDG indicator 4.a.1 Proportion of schools with access to: (a) electricity; (b) the Internet for pedagogical purposes; (c) computers for pedagogical purposes; (d) adapted infrastructure and materials for students with disabilities; (e) basic drinking water; (f) single- sex basic sanitation facilities; and (g) basic handwashing facilities (as per the WASH indicator definitions).
    • SDG 4.C By 2030, substantially increase the supply of qualified teachers, including through international cooperation for teacher training in developing countries, especially least developed countries and small island developing States.
      • SDG indicator 4.c.1 Proportion of teachers in: (a) pre-primary; (b) primary; (c) lower secondary; and (d) upper secondary education who have received at least the minimum organized teacher training (e.g. pedagogical training) pre-service or in-service required for teaching at the relevant level in a given country.
    • Target 4.1 By 2030, ensure that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes.
      • SDG indicator 4.1.1 Proportion of children and young people: (a) in grades 2/3; (b) at the end of primary; and (c) at the end of lower secondary achieving at least a minimum proficiency level in (i) reading and (ii) mathematics, by sex.
    • Target 4.2 By 2030, ensure that all girls and boys have access to quality early childhood development, care and pre-primary education so that they are ready for primary education
      • SDG indicator 4.2.1 Proportion of children under 5 years of age who are developmentally on track in health, learning and psychosocial well-being, by sex.
      • SDG indicator 4.2.2 Participation rate in organized learning (one year before the official primary entry age), by sex.
    • Target 4.3 By 2030, ensure equal access for all women and men to affordable and quality technical, vocational and tertiary education, including university.
      • SDG indicator 4.3.1 Participation rate of youth [and adults] in formal and non-formal education and training in the previous 12 months, by sex.
    • Target 4.4 By 2030, substantially increase the number of youth and adults who have relevant skills, including technical and vocational skills, for employment, decent jobs and entrepreneurship.
      • SDG indicator 4.4.1 Proportion of youth and adults with information and communications technology (ICT) skills, by type of skill.
    • Target 4.5 By 2030, eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations.
Potential sources of data for users of the indicators sets
  • Census
  • Ministry of child and family
  • Ministry of education
  • Primary research by national human rights institutions for children
  • Primary research by universities and NGOs
  • School-based surveys of students and teachers
References used for the overview
  1. Pinheiro, P.S. (2006). World Report on Violence Against Children. Secretary-General’s Study on Violence against Children.Geneva, Switzerland: United Nations. Retrieved from https://www.unicef.org/violencestudy/I.%20World%20Report%20on%20Violence%20against%20Children.pdf
  2. United Nations General Assembly. (2015). Sustainable Development Goals: Goal 4 on the need for inclusive and equitable quality education. Retrieved from https://sustainabledevelopment.un.org/?menu=1300
  3. Office of the United Nations High Commissioner for Human Rights. (2007). Legislative History of the Convention on the Rights of the Child. (Vol. 2, pp. 156-166). New York, United States of America and Geneva, Switzerland: United Nations. Retrieved from https://www.ohchr.org/Documents/Publications/LegislativeHistorycrc2en.pdf
  4. Verheyde, M. (2005).  Article 28: The right to education. In A. Alen, J. Vande Lanotte, E. Verhellen, F. Ang, E. Berghmans, & M. Verheyde (Eds.), A Commentary on the United Nations Convention on the Rights of the Child. Leiden, The Netherlands: Martinus Nijhoff Publishers.
  5. United Nations Committee on the Rights of the Child. (2005). General Comment No.7 (2005), Implementing child rights in early childhood (CRC/C/GC/7/Rev.1). Retrieved from https://www.refworld.org/docid/460bc5a62.html
  6. United Nations Committee on the Rights of the Child. (2004). Day of General Discussion: Implementing child rights in early childhood. Retrieved from the United Nations Office of the High Commissioner for Human Rights website https://www.ohchr.org/Documents/HRBodies/CRC/Discussions/Recommendations/Recommendations2004.pdf
  7. United Nations Committee on the Rights of the Child. (2016). Concluding Observations on the second periodic report of Zimbabwe (CRC/C/ZWE/CO/2), (para. 69(g)). Retrieved from https://documents-dds-ny.un.org/doc/UNDOC/GEN/G16/044/47/PDF/G1604447.pdf?OpenElement
  8. United Nations Committee on the Rights of the Child. (1995). Concluding Observations of the Committee on the Rights of the Child: Nicaragua (CRC/C/15/Add.36). Retrieved from https://www.refworld.org/publisher,CRC,,NIC,3ae6af4f4,0.html 
  9. United Nations Committee on the Rights of the Child. (1995). Concluding Observations of the Committee on the Rights of the Child: Tunisia (CRC/C/15/Add.39). Retrieved from https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2f15%2fAdd.39&Lang=en
  10. United Nations Committee on the Rights of the Child. (1996). Concluding Observations of the Committee on the Rights of the Child: Korea (CRC/C/50, 1996).
  11. United Nations Committee on the Rights of the Child. (2000). Concluding Observations of the Committee on the Rights of the Child: India (para 90) (CRC/C/15/Add.115). Retrieved from https://www.refworld.org/publisher,CRC,,IND,3ae6afc44,0.html
  12. United Nations Committee on the Rights of the Child. (2002). Concluding Observations of the Committee on the Rights of the Child: Mozambique (para 306) (CRC/C/15/Add.172). Retrieved from https://www.refworld.org/publisher,CRC,,MOZ,3df58a8a6,0.html
  13. United Nations Committee on the Rights of the Child. (2004). Concluding observations: El Salvador (CRC/C/15/Add.232), (para. 58). Retrieved from https://www.refworld.org/docid/42d3c19c4.html
  14. United Nations. (2006). Convention on the Rights of Persons with Disabilities. New York, United States of America: United Nations. Retrieved from https://www.un.org/disabilities/documents/convention/convoptprot-e.pdf
  15. United Nations Committee on the Rights of Persons with Disabilities. (2016). General Comment No.4 (2016), Article 24 right to inclusive education (CRPD/C/GC/4). Retrieved from https://www.refworld.org/docid/57c977e34.html
References used to create indicators
  • African Child Policy Forum (2018). The Child-Friendliness Index. Available from https://www.africanchild.report/
  • Aspen Planning and Evaluation Program (2014). Preliminary list of recommended indicators for the Girls Not Brides (GNB) partnership. Washington, United States of America: The Aspen Institute. Retrieved from https://www.aspeninstitute.org/publications/measuring-progress-recommended-indicators-for-girls-not-brides-members-working-to-address-child-marriage/
  • International Covenant on Economic and Social Rights. (1999). CESCR General Comment No.13: The right to education (Art.13). Office of the High Commissioner for Human Rights. Retrieved from https://www.refworld.org/pdfid/4538838c22.pdf
  • Office of the United Nations High Commissioner for Human Rights. (2007). Legislative History of the Convention on the Rights of the Child. (Vol. 2, pp. 156-166). New York and Geneva: United Nations. Retrieved from https://www.ohchr.org/Documents/Publications/LegislativeHistorycrc2en.pdf
  • Self-Evaluation Tool for RRR Schools: Teacher Version: Document provided by Dr. Ziba Vaghri
  • The Child Protection Initiative, Save the Children. (2014). Child Protection Outcome Indicators. Retrieved from https://resourcecentre.savethechildren.net/library/child-protection-outcome-indicators
  • The right to education. (2013). Measuring Education as a Human Right- List of Indicators. Retrieved from https://www.right-to-education.org/resource/measuring-education-human-right-list-indicators
  • UNICEF. (2019). Where Does Canada Stand? The Canadian Index of Child and Youth Well-being 2019 Baseline Report. Retrieved from https://oneyouth.unicef.ca/sites/default/files/2019-08/2019_Baseline_Report_Canadian_Index_of_Child_and_Youth_Well-being.pdf
  • United Nation Educational, Scientific and Cultural Organization. (2017a). Global Education Monitoring Report 2017/8: Accountability in Education: Meeting our commitments. Paris, France: UNESCO Publishing. Retrieved from http://gem-report-2017.unesco.org/en/home/ 
  • United Nations Children’s Fund (UNCIEF). (2007). Implementation handbook for the Convention on the Rights of the Child (Fully rev. 3rd ed.). Geneva, Switzerland: UNICEF.
  • United Nations Committee on the Rights of the Child. (1995). Concluding Observations of the Committee on the Rights of the Child: Nicaragua (CRC/C/15/Add.36). Retrieved from https://www.refworld.org/publisher,CRC,,NIC,3ae6af4f4,0.html 
  • United Nations Committee on the Rights of the Child. (1995). Concluding Observations of the Committee on the Rights of the Child: Tunisia (CRC/C/15/Add.39). Retrieved from https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2f15%2fAdd.39&Lang=en
  • United Nations Committee on the Rights of the Child. (1996). Concluding Observations of the Committee on the Rights of the Child: Korea (CRC/C/50, 1996).
  • United Nations Committee on the Rights of the Child. (2000). Concluding Observations of the Committee on the Rights of the Child: India (CRC/C/15/Add.115), (para. 90). Retrieved from https://www.refworld.org/publisher,CRC,,IND,3ae6afc44,0.html
  • United Nations Committee on the Rights of the Child. (2001). General Comment No.1 (2001), Article 29(1): The aims of education. (CRC/GC/2001/1). Retrieved from https://www.refworld.org/docid/4538834d2.html
  • United Nations Committee on the Rights of the Child. (2002). Concluding Observations of the Committee on the Rights of the Child: Mozambique (CRC/C/15/Add.172), (para. 306). Retrieved from https://www.refworld.org/publisher,CRC,,MOZ,3df58a8a6,0.html
  • United Nations Committee on the Rights of the Child. (2004). Concluding observations: El Salvador (CRC/C/15/Add.232), (para. 58). Retrieved from https://www.refworld.org/docid/42d3c19c4.html
  • United Nations Committee on the Rights of the Child. (2004). Day of General Discussion: Implementing child rights in early childhood. Retrieved from https://www.ohchr.org/Documents/HRBodies/CRC/Discussions/Recommendations/Recommendations2004.pdf
  • United Nations Committee on the Rights of the Child. (2016). Concluding Observations on the second periodic report of Zimbabwe (CRC/C/ZWE/CO/2), (para. 69(g)). Retrieved from https://documents-dds-ny.un.org/doc/UNDOC/GEN/G16/044/47/PDF/G1604447.pdf?OpenElement
  • United Nations Educational, Scientific and Cultural Organization. (2017b). Global Education Monitoring Report 2017/8 (Youth Version) – Accountability in education: Meeting our commitments. Paris, France: UNESCO Publishing. Retrieved from http://unesdoc.unesco.org/images/0026/002606/260653e.pdf
  • United Nations General Assembly. (2015). Sustainable Development Goals. Retrieved from https://sustainabledevelopment.un.org/?menu=1300
  • Verheyde, M. (2005).  Article 28: The right to education. In A. Alen, J. Vande Lanotte, E. Verhellen, F. Ang, E. Berghmans, & M. Verheyde (Eds.), A Commentary on the United Nations Convention on the Rights of the Child. Leiden, The Netherlands: Martinus Nijhoff Publishers.
  • Ward C.L., van der Merwe A., Dawes A. & Bray R. (2007). Core indicators for Monitoring Child Well-being: A South African Rights-Based Approach. Retrieved from http://www.hsrc.ac.za/uploads/pageContent/1651/Monitoringchildwell-beingASouthAfricanrightsbasedapproach.pdf
  • World Vision International. (2014). Compendium of Indicators for Measuring Child Well-being Outcomes. Retrieved from https://www.wvi.org/sites/default/files/Compendium%20of%20Indicators-English.pdf
Glossary/key words

Child-friendly
Child-friendly school (CFS). “The child-friendly school model is based on the simple premise that schools can and should operate in the best interests of the child. Educational environments must be safe, healthy and protective, staffed with trained teachers, equipped with adequate resources and offering conditions appropriate for learning” as well as equal opportunities to learn for all (UNESCO Learning Portal, 2009).

Reasonable accommodations
“‘Reasonable accommodation’ means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to children with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms” (UN DESA, n.d.).

Article 28 Indicator Tables

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