Education is the foundation of human development and the de facto way of achieving an equitable society. It is not only an essential human need but also a basic human right in a moral sense. In Bangladesh, however, education is not a fundamental right but is instead recognized as a fundamental principle -- it is a matter of some debate whether education should be recognized as a fundamental right in the Constitution of Bangladesh.
There are several international instruments such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR 1966), the Convention on the Elimination of all forms Of Discrimination Against Women (CEDAW 1979), and the Convention on the Rights of the Child (CRC 1989) which all recognize the right to education and emphasizes the fundamental nature of this right.
To understand the importance of recognizing education as a fundamental right in Bangladesh, we need to distinguish “fundamental principles” and “fundamental rights” first: The fundamental principles of state policy have been discussed in part two and fundamental rights enumerated in part three of the Constitution. Fundamental principles refer to the directives, guidelines and goals for formulating policies and actions of a state -- these are based on social, economic, and administrative perspectives and have no legal effect in our judiciary. On the other hand, fundamental rights are individual rights guaranteed by the Constitution which can be legally enforced and protected. It means that if fundamental rights are violated then the court will protect that.
In article 17 of the Constitution, it says that “the state shall adopt effective measures for the purpose of (a) establishing a uniform, mass oriented, and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law; (b) relating education to the needs of society and producing properly trained and motivated citizens to serve those needs; (c) removing illiteracy within such time as may be determined by law.” This article emphasizes the importance of providing a unified, broadly appealing, and universal education system, including free and compulsory education for children.
Bangladesh has made significant efforts and taken initiatives to improve its education system in the past. The Compulsory Primary Education Act of 1990, which made primary education free and compulsory, especially for girls in rural areas, was one such measure, as well as the 1979 interim education policy aimed to raise literacy levels, reorganize the stages of education, and integrate various subjects, including vocational and technical education. But other countries have recognized education as a fundamental right in their constitutions, and have provided enforceable legal protections in order to bring a paradigm shift within their respective education systems.
In the constitution of India, article 21A makes education a fundamental right for children aged 6-14. Malaysia recognizes education as a legally protected interest, ensuring that education is not just a policy principle but a legal right. While article 31 of South Korea's constitution highlights the right to receive education and guarantees the autonomy of educational institutions.
Moving education from the realm of basic principles to that of fundamental rights would be an important step towards ensuring that the right to education can be applied judicially. By considering education as a fundamental right, individuals and governments can take legal action to protect the right to education.
Bangladesh has legal obligations to respect, protect, facilitate, and provide the right to education because of international conventions. These obligations encompass implementing measures and policies to ensure access, availability, adaptability, and acceptability of education. Recognizing education as a fundamental right will strengthen these obligations and make them legally enforceable. In a diverse educational landscape like that of Bangladesh, where many different streams of education coexist, recognizing education as a fundamental right will ensure equal opportunities for all students.
Education is a powerful tool for human development. It promotes individual potential and respect for human rights. The right to education is an integral part of the broader concept of the right to development, as defined by the United Nations. Recognition of education as a fundamental right in Bangladesh is a step towards achieving human development goals.
The shift from education as a fundamental principle to a fundamental right aligns the country with international standards, its neighbours, and its own commitment to the Sustainable Development Goals. As Bangladesh moves forward, this change will play a vital role in realizing the full potential of its people and achieving national development goals.
Sathi Akther is a freelance contributor.
