1. Introduction:
Despite the situation, on par with other principles of international human rights law such as right to health and freedom from torture for example, education has been enshrined as a fundamental entitlement which must be protected by all.[1] It is not only viewed in its true capacity as an independent right, but also as a means to help people and enable them to establish other human rights.[2] To begin with, extraordinary rights assumed to be the right within itself enjoying bare-bone literacy and numeracy skills but have since developed into a much larger perspective embracing quality education in all its levels along with creating possibilities for lifelong skill enhancement. [3] The nature of this right in international law is evident from its incorporation into leading global instruments such as Universal Declaration of Human Rights (UDHR) and International Covenant on Economic, Social and Cultural Rights (ICESCR)[4]that state education as means to facilitate the growth and formation of expressing an individual’s personality, enhancing human dignity.
The significance of the right to education extends beyond empowering individuals; acts as an enabler for a knowing, accepting and friendship between all nations worldwide but also among racial in religious groups. [5] In addition, it is a significant seller in the achievement of sustainable development goals accordingly poverty elimination and social economic growth promotion. In international sphere of law, right to education is not just a legal necessity for nations but it becomes some ethic responsibility that can build up societies where all the associates comply fully and efficiently.[6]
2. Historical Context of the Right to Education
2.1. Early Concepts and Recognition
This idea is deeply rooted in the history of mankind learning was privilege during ancient civilizations times, only for these elites to gain education. [7] However, this was until major philosophical movements changed the direction for a more inclusive educational outlook. For example, the Enlightenment era especially in Europe had many great philosophers of such caliber as John Locke[8] and Jean-Jacques Rousseau[9] preaching education based on their writings that were aimed at improving human beings’ lives for social equalizer. In one of his books, Rousseau writes on natural education where he stresses that the process of education should follow naturally with human development.[10]
2.2. Influence of Major Philosophical and Political Developments
Political developments had a significant influence on the transformation of education into an acknowledged right. 18th and 19th centuries marked a period when democratic ideals bloomed and with them the idea that education was an inherent right of every person. [11] This period marked a new dawn with laws and policies supporting universal education. Notably, the introduction of Prussian General Education System at the beginning of 1800s inspired a concept of mandatory education and it spread all across globe.[12] 20th century, especially after World War II as part of the general move related to all aspects of human rights saw a more significant intersection between education and Human Rights.[13] 1948 UDHR also acknowledged education as an obvious right for which everyone should be entitled, Article 26 was clear in this regard.[14] This was a vital moment when education’s status transitioned from being an elitist privilege to becoming recognized as a human right exercised by all individuals regardless of their nationality.