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Paper Information

Journal:   REVUE DE RECHERCHE JURIDIQUE   FALL 2010-WINTER 2011 , Volume - , Number 52; Page(s) 381 To 433.
 
Paper: 

THE STANCE OF THE RIGHT TO EDUCATION IN INTERNATIONAL HUMAN RIGHTS SYSTEM

 
 
Author(s):  NIAVARANI SABER*
 
* 
 
Abstract: 

The right to education is not considered and discussed as a fundamental human right. International documents classify this right in the category of cultural rights, and as a result, most of international jurists, citing these international instruments, believe as such, but they ignore its legal value and importance in the hierarchy of international norms.
The right to education, as the cornerstone of humane understanding, and a way towards the realization of human most vital civil and political rights, such as freedom of thought, expression and belief, should be normally considered as a high valued right in the hierarchy of human rights norms, and referring to these international regulations and standards, we can observe an imperative character for the right to education, at least for elementary level.
Futhermore, education cannot and should not be free of human rights requirements. Each and every human being shall have first a truthful environment, then thinking about human being and its necessities for a decent life. In other words, the right to education is of no sense in the absence of a right to minimal thinking skills and rational tolerance teaching. Educating people without paying attention to the last feature can lead a society to grave consequences. This necessity is enshrined in some international human rights instruments in a subtle manner.
This article is to Elaborate the Complicated aspects of this fundamental right.

 
Keyword(s): THE RIGHT TO EDUCATION, FREEDOM OF CONSCIENCE, TOLERANCE, FREEDOM OF THOUGHT, THINKING, JUS COGENS, CULTURAL RIGHTS, HUMAN DIGNITY
 
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