violence against children WORLD REPORT ON - CRIN

4Human rights INSTRUMENTSReflecting article 13 of the International Covenant on Economic and Social Rightswhich enshrines the right of everyone to education, article 28 of the Convention onthe Rights of the Child (CRC) recognises “the right of the child to education … witha view to achieving this right progressively and on the basis of equal opportunity.” Thefirst paragraph of article 28 lists States parties’ obligations, which include making primaryeducation compulsory and free for all, encouraging the development of differentforms of secondary education that will be free or financially assisted in case of need,and making higher education accessible to all on the basis of their capacity. Article 28(2) states that: “States parties shall take all appropriate measures to ensure that schooldiscipline is administered in a manner consistent with the child’s human dignity andin conformity with the present Convention.” Conformity with the CRC requires, forexample, protecting the child against “all forms of physical or mental violence, injuryor abuse, neglect or negligent treatment, maltreatment or exploitation, including sexualabuse” (article 19) and from “cruel, inhuman or degrading treatment or punishment”(article 37).Article 29 of the CRC addresses the aims of the child’s education. Paragraph 29 (1.b)calls for “development of respect for human rights and fundamental freedoms” andparagraph 29 (1.d) calls for “preparation of the child for responsible life in a free society,in the spirit of understanding, peace, tolerance, equality of sexes, and friendshipamong all peoples, ethnic, national and religious groups and persons of indigenousorigin.” In 2001, the Committee on the Rights of the Child issued General CommentNo. 1 on the aims of education (CRC/GC/2001/1), emphasising that the educationprocess itself should be based on and promote the rights guaranteed by the Convention.This means that States parties should take measures to ensure that all schoolsrespect, for example, the child’s rights to non-discrimination (article 2), to freedom ofexpression (article 13), and to protection from all forms of sexual abuse and exploitation(article 34). States must also ensure that children are fully protected from exposureto bullying and other forms of violence by other students. The Committee hasnoted that failure to protect students from such forms of violence could deny childrentheir right to education (articles 28 and 29). 16 >>>113Violence against children in schools and educational settings