Research Supports the Need to Recognize the Right to Free Early Childhood Education and Free Secondary Education

Proud to have had the opportunity to co-lead this sign-on letter calling for new international law on the right to education to ensure every child has the opportunity to develop to their full potential. More than 70 leading experts from 30 countries joined this call. Also available online: the Letter and the Dispatch from Human Rights Watch.

Research Supports the Need to Recognize the Right to Free Early Childhood Education and Free Secondary Education

We, the undersigned individuals, are scholars, experts, and researchers on the education, development, wellbeing, and rights of children and adolescents. We write to express our support for a new optional protocol to the UN Convention on the Rights of the Child (UNCRC) focused on the right to free education.[1] The aim of this initiative is to ensure recognition under international law of the right to free early childhood education and free secondary education, alongside the already-existing right to free and compulsory primary education.

Well-established scientific evidence shows unequivocally that education is foundational to children’s healthy development, wellbeing, fulfilment of their full potential, and their lifelong prospects. Not only is education valuable in its own right, it has a multiplier effect—that is, education helps position children to secure their other rights during childhood and subsequently as adults. At a societal level, investing in education is any country’s most effective policy tool to ensure prosperity, social cohesion, and sustainable development.

Although research evidence is clear on the importance of education to children’s holistic development, international law has not kept pace. In 1948, the Universal Declaration of Human Rights—the foundational instrument of the modern human rights movement—recognized every individual has the right to education, mandating that primary education be free and compulsory for all. In the more than 70 years since then, the international law standard on the right to education has changed little. While the right to education has been enshrined in legally-binding treaties—including the Convention on the Rights of the Child (1989) and the International Covenant on Economic, Social and Cultural Rights (1966)—international law has not expressly recognized early childhood education (pre-primary education) or mandated free secondary education for all children. These treaties have been silent on early childhood education, while calling on states to make secondary education “available and accessible” but stopping short of requiring that it be made available free. We believe it is time for that to change.

International consensus and frameworks (e.g., the 2030 Sustainable Development Goals) urge access to high-quality early childhood education, which, according to the Committee on the Rights of the Child’s “General Comment No. 7 on Implementing Child Rights in Early Childhood”, must be understood as beginning at birth. Similarly, evidence from research on adolescent development reveals the importance of secondary education to children’s healthy development and lifelong prospects, including their capacity to navigate the complexities of our world in the 21st Century.

While the Sustainable Development Goals (SDGs) call on states to ensure all children have access to quality early childhood education and care (SDG 4.2) and free secondary education (SDG 4.1), global monitoring data show the world is far from achieving the 2030 targets. Significant disparities persist among—and within—countries and regions, compounding stark inequalities of access, opportunity, condition, and outcome, especially for children from disadvantaged and marginalized communities. We therefore call for an urgent renewed commitment to education systems that realize just and equitable outcomes for ALL children. And we believe it is essential that this commitment be backed by a legal mandate to ensure its success.

The world has changed dramatically since 1948, and our understanding of how children develop and flourish has advanced significantly. To ensure education systems contribute to realizing children’s rights enshrined in UNCRC, it is critical that we secure their right to education from birth through secondary education.

We, therefore, call on all U.N. member states to support a new optional protocol to the U.N. Convention on the Rights of the Child that will recognize the importance of education to children’s healthy development by mandating that governments ensure every child has access to free pre-primary[2], primary, and secondary education.

Sincerely,

Jonathan Todres, Distinguished University Professor & Professor of Law, Georgia State University, United States (jtodres@gsu.edu)

Mathias Urban, Desmond Chair of Early Childhood Education, Early Childhood Research Centre, Dublin City University, Ireland (mathias.urban@dcu.ie)

Dolores Acevedo-Garcia, Samuel F. and Rose B. Gingold Professor of Human Development and Social Policy, Director, Institute for Child, Youth and Family Policy and diversitydatakids.org, The Heller School for Social Policy and Management, Brandeis University, United States

Alejandro Acosta, Member of the Executive Board of the International Network on Peace Building with Young Children, INPB, Colombia

Bruce Adamson, Professor in Practice, University of Glasgow School of Law; Former Children and Young Person’s Commissioner Scotland, United Kingdom 

Vina Adriany, Professor of Early Childhood Education, Universitas Pendidikan Indonesia; Director, Southeast AsianMinisters of Education Organisation – Center for Early Childhood Care, Education and Parenting (SEAMEO-CECCEP)

Philip Alston, Professor of Law, New York University School of Law, United States

Pramod K. Anand, Visiting Fellow, Research and Information Systems for Developing Countries, New Delhi, India

Marisol Moreno Angarita, Professor, Universidad Nacional de Colombia, Colombia

W. Steven Barnett, Board of Governors Professor, National Institute for Early Education Research, Rutgers University, United States

Klaus D. Beiter, Professor of Law, North-West University, South Africa

Marianne N. Bloch, Professor Emerita, Curriculum & Instruction, Gender and Women's Studies, University of Wisconsin Madison, United States

Richard J. Bonnie, Harrison Foundation Professor Emeritus of Law, Medicine, and Public Policy, Director Emeritus, Institute of Law, Psychiatry and Public Policy, University of Virginia School of Law, United States

Tammy Chang, Associate Professor, Department of Family Medicine, University of Michigan, United States

Tara M. Collins, Associate Professor, School of Child and Youth Care, Toronto Metropolitan University, Canada; Honorary Associate Professor, Children's Institute, University of Cape Town, South Africa

Claudia Costín, Professor and founding director, Center for Excellence and Innovation of Education Policies (FGV-CEIPE); CEO, Instituto Singularidades, São Paulo, Brazil. Former Senior Director for Global Education, The World Bank

Gunilla Dahlberg, Professor Emerita of Education, Department of Child and Youth Studies, Stockholm University, Sweden

Carmen Dalli, Professor of Early Childhood Studies, Victoria University of Wellington, New Zealand

Angela Diaz, Dean of Global Health, Social Justice, and Human Rights, Jean C. and James W. Crystal Professor, Departments of Pediatrics, Global Health and Health Systems Design and Environmental Medicine and Public Health, Icahn School of Medicine at Mount Sinai, New York, United States

Jaap E. Doek, Former Chairperson of the UN Committee on the Rights of the Child (2001-2007); Leiden University Law School, Department of Children’s Rights, The Netherlands

Hasina Banu Ebrahim, UNESCO Co-chair for Early Childhood Education, Care and Development, University of South Africa, South Africa

Elvis Fokala, Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa

Tali Gal, Chair in Child and Youth Rights, Professor of Law and Criminology, the Hebrew University of Jerusalem, Israel

Savitri Goonesekere, Emeritus Professor of Law University of Colombo, Sri Lanka

Jeffrey Goldhagen, Professor of Pediatrics, University of Florida College of Medicine, United States; President, International Society for Social Pediatrics and Child Health

Sally Holland, Athro Gwaith Cymdeithasol / Professor of Social Work, Ysgol Gwyddorau Cymdeithasol Caerdydd / Cardiff School of Social Sciences; Children’s Commissioner for Wales (2015-2022), United Kingdom

Mary Helen Immordino-Yang, Fahmy and Donna Attallah Chair in Humanistic Psychology; Director, USC Center for Affective Neuroscience, Development, Learning and Education (candle.usc.edu); Professor of Education, Psychology & Neuroscience, University of Southern California, United States

Shin-ichi Ishikawa, Professor, Faculty of Psychology, Doshisha University, Japan

Philip D. Jaffé, Professor, Center for Children’s Rights Studies, University of Geneva, Switzerland; Member, UN Committee on the Rights of the Child

Victor P. Karunan, Visiting Professor, Social Policy and Development, Thammasat University, Bangkok, Thailand

Ondrej Kascak, Professor of Education and Head of Department, University of Trnava, Slovakia

Olga Khazova, former member of the UN Committee on the Rights of the Child (2013-2021)

Ursula Kilkelly, Professor, School of Law, University College Cork, Ireland

Lothar Krappmann, Professor Doctor, Senior Researcher at the Max Planck Institute for Human Development, Berlin, Germany (retired); former Member of the UN Committee on the Rights of the Child (2003 - 2011)

Mercedes Mayol Lassalle, Professor of Education, Universidad de Buenos Aires, Argentina; World President, Organisation Mondiale pour l’Éducation Préscolaire (OMEP)

Yanghee Lee, Professor Emeritus, Sungkyunkwan University, Republic of Korea; Former UN Special Rapporteur on the situation of human rights in Myanmar; Former Chairperson of UN Committee on the Rights of the Child; President of International Child Rights Center; Founding Member of Special Advisory Council for Myanmar

Manfred Liebel, Professor Doctor, University of Applied Sciences Potsdam; Master Childhood Studies and Children’s Rights (MACR), Germany

Ton Liefaard, Professor of Children’s Rights, UNICEF Chair in Children’s Rights, Leiden University, The Netherlands

Laura Lundy, Professor of Children’s Rights, Queen’s University Belfast, United Kingdom; Professor of Law, University College Cork, Ireland

Kofi Marfo, Professor and Founding Director of the Institute for Human Development at Aga Khan University, Nairobi, Kenya

Helen May, Professor Emerita of Education, University of Otago, New Zealand

Benyam Dawit Mezmur, Professor of Law, University of the Western Cape, South Africa; Member, UN Committee on the Rights of the Child

Linda Mitchell, Professor of Education, University of Waikato, New Zealand

Zoe Moody, Professor, University of Teacher Education Valais & Center for Children's Rights Studies, University of Geneva, Switzerland

Peter Moss, Emeritus Professor of Early Childhood Provision, Institute of Education, University College London, United Kingdom

Vernor Muñoz, Head of Policy & Advocacy, Global Campaign for Education, Costa Rica; Former UN Special Rapporteur on the Right to Education

Endeley Margaret Nalova, Professor and Dean of the Faculty of Education, University of Buea, Cameroon

Elin Eriksen Ødegaard, Professor of Early Childhood Education, Director of KINDknow Research Centre, Western Norway University of Applied Sciences, Norway

Conor O'Mahony, Professor, University College Cork School of Law, Ireland

Ann Quennerstedt, Professor of Education, School of Humanities, Education and Social Sciences, Örebro University, Sweden

Sylvie Rayna, Professor Emerita; Senior Research Fellow, Centre de Recherche Interuniversitaire Expérience Ressources Culturelles Éducation (EXPERICE), Université Sorbonne Paris Nord, France

Elin Kirsti Lie Reikerås, Professor in Early Childhood Education, Leader of FILIORUM – Centre for Research in Early Childhood Education and Care, The University of Stavanger, Norway

Axel Rivas, Professor and Dean, School of Education; Director, Center for Applied Research in Education (CIAESA), Universidad de San Andrés, Argentina

Nevena Vuckovic Sahovic, Professor of International Public Law and Rights of the Child, Child Rights Centre, Belgrade, Serbia

Iram Siraj, Professor of Child Development and Education, University of Oxford, United Kingdom; Distinguished Research Professor University of Maynooth, Ireland

Mariana Souto-Manning, President and Irving and Neison Harris President’s Chair, The Erikson Institute Graduate School in Child Development, United States

Helen Stalford, Professor of Law, School of Law and Social Justice, University of Liverpool, United Kingdom

Beth Swadener, Professor Emerita, School of Social Transformation, Arizona State University, United States

David B. Thronson, Alan S. Zekelman Professor of International Human Rights Law, Michigan State University College of Law, United States

Kay Tisdall, Professor of Childhood Policy, University of Edinburgh, Scotland, United Kingdom

John Tobin, Francine V McNiff Chair in International Human Rights Law, Melbourne Law School, University of Melbourne, Australia

Afua Twum-Danso Imoh, Associate Professor in Global Childhoods and Welfare, University of Bristol, United Kingdom

Michel Vandenbroeck, Professor of Family Pedagogy, Department of Social Work and Social Pedagogy, Ghent University, Belgium

Wouter Vandenhole, Full Professor of Human and Children’s Rights, Law and Development Research Group, University of Antwerp, Belgium

Emily Vargas-Barón, Director, Institute for Reconstruction and International Security through Education (RISE), Washington, DC, United States

Philip Veerman, CPsychol, Health Psychologist, Youth Intervention Team, The Hague, The Netherlands

Ana Vergara del Solar, Professor, School of Psychology, Universidad de Santiago, Chile

Joanna Williams, Senior Director of Research, Search Institute, United States

Nicolás Espejo Yaksic, Centre for Constitutional Studies, Supreme Court of Mexico, Mexico

Kazuhiro Yoshida, Professor/Director, Center for the Study of International Cooperation in Education (CICE), IDEC Institute, Hiroshima University, Japan

Hirokazu Yoshikawa, Courtney Sale Ross University Professor of Globalization and Education, Department of Applied Psychology, Steinhardt School of Culture, Education, and Human Development, New York University, United States

[Note: Affiliations are listed for identification purposes only.]

[1] There are currently three Optional Protocols to the U.N. Convention on the Rights of the Child: Optional Protocol on the sale of children, child prostitution and child pornography (adopted in 2000; currently 178 states parties); Optional Protocol on the involvement of children in armed conflict (adopted in 2000, currently 173 states parties); Optional Protocol on a communications procedure (adopted in 2011; currently 52 states parties).

[2] While as researchers we recognize that early childhood care and education starts from birth, we are cognizant of resource limitations in many areas of the world. We support efforts to ensure at least one year of pre-primary education for all children, while states and civil society work to secure the resources needed to develop more comprehensive early childhood care and education programs.

NEW PUBLICATION: Bringing the Right to Education into the 21st Century

I’m really excited to announce the next article in our data analytics project that examines the Concluding Observations of the UN Committee on the Rights of the Child. For more on the background of this project, click here.

Jonathan Todres & Charlotte Alexander, “Bringing the Right to Education into the 21st Century,” Berkeley Journal of International Law, vol. 42 (forthcoming Winter 2024).

Click here for access to the full pre-publication draft.

Abstract

Education is not only foundational to children’s development, it also helps children realize the full range of their rights. Yet the international law mandate on the right to education has changed little since 1948. This static state has left the right to education unfulfilled for millions of children. This article argues that it is time to update the legal mandate on education, and in particular with respect to pre-primary and secondary education. The article starts by explicating the limitations in the current mandate on the right to education, and then evaluates whether so-called “soft law,” or non-binding measures, have helped fill the gap in existing treaty law on education rights. As a case study, the article uses a combination of manual review and computational text analytics to examine discussions of education in the Concluding Observations of the Committee on the Rights of the Child from 1993-2020. These reports issued by the Committee evaluate states parties’ progress in meeting their children’s rights treaty obligations and, as such, are a primary vehicle for advancing the implementation of human rights. Finding that non-binding measures are insufficient in practice, the article concludes that the international community needs to agree to an updated legal mandate on education that ensures all children have access to an equitable start and can complete secondary education and develop to their full potential.

NEW PUBLICATION: Including Youth Voices in Our Democracy

Full text below. Published by Human Rights at Home and First Focus.

Including Youth Voices in Our Democracy 

Jonathan Todres & Adrianna Zhang

With the number of COVID-19 cases rising again, children in the US are facing the potential of a third straight school year being disrupted by the pandemic. Yet as policymakers and school administrators make decisions about reopening protocols, an essential group has been largely left out of the conversation: young people.

The U.S. prides itself on being a beacon of democracy. But 73 million constituents have little to no voice in our democracy. Politicians consistently overlook and marginalize individuals under 18 years old. Over the past year, policymakers have spent more time talking about and prioritizing reopening restaurants and bars than addressing the housing insecurity, educational disruptions, and mental health consequences of the pandemic that millions of children have experienced.

These are big issues to confront, requiring complex solutions. What is baffling is that in many areas, decision-makers are attempting to address school issues—or any issues affecting children—without ever talking to young people. Young people are not just part of some elusive future; they are ready to contribute to their communities now.

The government, at every level, must become more accessible to and inclusive of youth, especially those from historically underrepresented groups. Youth engagement will introduce new perspectives on current issues and help inspire solutions to persistent problems. As the new school-year is beginning, education is an obvious starting place for including young people’s voices.

Schools can start by surveying young people about challenges they face and any ideas they have for ensuring all students succeed. To be clear, listening to children should not replace communications with, and input from, parents and other caregivers—parents and caregivers are essential partners. But young people have insights that adults don’t, just as adults have perspectives that young people don’t. There is absolutely no downside to hearing from young people, unless we’re afraid of what they’ll tell us.

So, survey all students. Young people’s tech-savvy makes this easier than you might think. Better yet, schools should involve young people in the design of the survey, so they ensure that they ask the right questions and not just questions that serve adults’ interests. Then schools need to set up a process for ensuring ongoing dialogue with young people—all students, not just those they find easy to work with. 

A partnership with young people cannot be limited just to individual schools. School district leaders can do better as well. School boards and superintendents should hold their meetings at accessible times so students do not have to miss class to ensure their voices are heard. They also should allocate a designated portion of public comment times to youth.

Other agencies with mandates that affect children—from health care, to transportation, to urban development—should follow suit. Just imagine, for example, what policymakers might learn if they heard from young people about their transportation needs. They would learn that many youth need better transportation systems not just to attend school but also to travel to work so they can help their families economically.

It’s not enough, however, just to open the doors to young people. Governments need to enhance efforts to teach young people how to effectively engage with agencies and make their voices heard. Schools are central to this, but every government agency can provide interactive guidance to young people so they can learn to present their ideas more effectively. Not only will this ensure agencies hear all good ideas, but civic engagement can lead to improved academic performance and enhanced social-emotional wellbeing for students.

Finally, we have to go beyond making existing spaces more open to youth. We need to create more avenues for young people to engage, from direct representation through local youth commissions to statewide ombudsperson offices for children. These exist in some places, but they need to be in all cities and states. At the federal level, young people have already urged President Biden to create an executive “Office of Young Americans” and appoint a “Director of Youth Engagement” who would sit on the Domestic Policy Council.

Partnering with young people will not only help confront pressing issues in schools and other settings, it will also help longer term by teaching young people the skills needed for effective participation in a democratic society, which ironically adults expect them to have the moment they turn 18.

There is no shortage of ways to involve young people. Doing so will help build a stronger democracy. Equally important, young people deserve to have a voice and feel valued in the community they grow up in and will live in for years to come.

The starting point is simple: We need to see, and treat, young people as genuine partners.

 

Jonathan Todres is a Distinguished University Professor and Professor of Law at Georgia State University in Atlanta. Adrianna Zhang is Founder and Executive Director of SF CHANGE and a high school senior in San Francisco.