Europe
C.1 First Protocol to the European Convention on Human Rights, Council of Europe, 1952
Article 2
Right to education
No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.
C.2 Charter of Fundamental Rights of the European Union, European Union, 2000
Article 14
Right to education
Everyone has the right to education and to have access to vocational and continuing training.
This right includes the possibility to receive free compulsory education.
The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.
Article 24
The rights of the child
Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.
Americas
C.3 Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (“Protocol of san Salvador”), Organisation of American States, 1988
Article 13
Right to education
Everyone has the right to education.
The States Parties to this Protocol agree that education should be directed towards the full development of the human personality and human dignity and should strengthen respect for human rights, ideological pluralism, fundamental freedoms, justice and peace. They further agree that education ought to enable everyone to participate effectively in a democratic and pluralistic society and achieve a decent existence and should foster understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups and promote activities for the maintenance of peace.
The States Parties to this Protocol recognize that in order to achieve the full exercise of the right to education:
Primary education should be compulsory and accessible to all without cost;
Secondary education in its different forms, including technical and vocational secondary education, should be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education;
Higher education should be made equally accessible to all, on the basis of individual capacity, by every appropriate means, and in particular, by the progressive introduction of free education;
Basic education should be encouraged or intensified as far as possible for those persons who have not received or completed the whole cycle of primary instruction;
Programs of special education should be established for the handicapped, so as to provide special instruction and training to persons with physical disabilities or mental deficiencies.
In conformity with the domestic legislation of the States Parties, parents should have the right to select the type of education to be given to their children, provided that it conforms to the principles set forth above.
Nothing in this Protocol shall be interpreted as a restriction of the freedom of individuals and entities to establish and direct educational institutions in accordance with the domestic legislation of the States Parties.
Article 16
Rights of children
Every child, whatever his parentage, has the right to the protection that his status as a minor requires from his family, society and the State. Every child has the right to grow under the protection and responsibility of his parents; save in exceptional, judicially recognized circumstances, a child of young age ought not to be separated from his mother. Every child has the right to free and compulsory education, at least in the elementary phase, and to continue his training at higher levels of the educational system.
Africa
C.4 African Charter on Human and Peoples’ Rights, Organisation of African Unity, 1981
Article 17
Every individual shall have the right to education.
Every individual may freely, take part in the cultural life of his community.
The promotion and protection of morals and traditional values recognized by the community shall be the duty of the State.
C.5 African Charter on the Rights and Welfare of the Child, Organisation of African Unity, 1990
Article 11
Education
Every child shall have the right to an education.
The education of the child shall be directed to:
the promotion and development of the child’s personality, talents and mental and physical abilities to their fullest potential;
fostering respect for human rights and fundamental freedoms with particular reference to those set out in the provisions of various African instruments on human and peoples’ rights and international human rights declarations and conventions;
the preservation and strengthening of positive African morals, traditional values and cultures;
the preparation of the child for responsible life in a free society, in the spirit of understanding tolerance, dialogue, mutual respect and friendship among all peoples ethnic, tribal and religious groups;
the preservation of national independence and territorial integrity;
the promotion and achievements of African Unity and Solidarity;
the development of respect for the environment and natural resources;
the promotion of the child’s understanding of primary health care.
States Parties to the present Charter shall take all appropriate measures with a view to achieving the full realization of this right and shall in particular:
provide free and compulsory basic education;
encourage the development of secondary education in its different forms and to progressively make it free and accessible to all;
make the higher education accessible to all on the basis of capacity and ability by every appropriate means;
take measures to encourage regular attendance at schools and the reduction of dropout rates;
take special measures in respect of female, gifted and disadvantaged children, to ensure equal access to education for all sections of the community.
States Parties to the present Charter shall respect the rights and duties of parents, and where applicable, of legal guardians to choose for their children’s schools, other than those established by public authorities, which conform to such minimum standards may be approved by the State, to ensure the religious and moral education of the child in a manner with the evolving capacities of the child.
States Parties to the present Charter shall take all appropriate measures to ensure that a child who is subjected to schools or parental discipline shall be treated with humanity and with respect for the inherent dignity of the child and in conformity with the present Charter.
States Parties to the present Charter shall have all appropriate measures to ensure that children who become pregnant before completing their education shall have an opportunity to continue with their education on the basis of their individual ability.
No part of this Article shall be construed as to interfere with the liberty of individuals and bodies to establish and direct educational institutions subject to the observance of the principles set out in paragraph I of this Article and the requirement teal the education given in such institutions shall conform to such minimum standards as may be laid down by the States.