Request from members of IDEC community on a Resolution.
Please read the draft resolution.
We have received a request from 4 members of the IDEC community to include, in the agenda of the IDEC General Meeting, a resolution to be adopted (similar to how a resolution was adopted in 2005 to define Democratic Education). The draft resolution, the reasoning behind it, and opportunities to clarify your questions are described below - please take some time to read through it.
Veda
Resolution
Dear IDEC delegate,
We are gathered here this year, as we have in the past, to further our work in the pursuit of education that is aligned with a democratic way of life - the scope of which ranges from individuals and families (e.g. homeschooling and unschooling) to institutions (e.g. democratic schools, sudbury schools etc.) to influencing public policy.
We are aware that in many countries, our efforts are hindered by legislation that makes it compulsory for children to participate in the educational monopoly provided by the state, and where parents/guardians can face sanctions - fines and/or imprisonment - if they do not cause their child/ren to participate in that educational monopoly. Furthermore, such laws not only leads to children being forced to attend school, but usually also subjects them to an imposed curriculum and exposes them to various forms of school-based violence / abuse (bullying, sexual bribery, corporal punishment and other non-physical forms of punishment that are also cruel and degrading, etc)
You may be aware that Article 28.1 of the UN Convention on the Rights of the child states
(a) Make primary education compulsory and available free to all
and may believe that this enables states to enact legislation making attendance in state schools compulsory.
However, we have discovered that this was not at all the intention of the United Nations (it actually means that no one can deny the child access to primary education).
In support of the rights of all children everywhere, and especially of children in countries that have enacted, or are proposing enacting, legislation that are not in the best interest of the child, we propose that delegates of IDEC 2023 adopt a resolution (like we did in 2005 to define Democratic Education) calling upon the United Nations to clarify Article 28. 1 (a) so that state parties do not enact legislation that force children to attend school against their will (and hopefully repeal legislation if already enacted). The draft resolution is given below.
We invite you to join the following sessions offered by Henning and Sifaan or reach out to them so that we can address any concerns prior to the General Meeting on Thursday night.
Monday (6 pm - 7 pm, Main Tent): Compulsory Education in the Universal Declaration of Human Rights. What's the story behind Article 26?
Monday (8 pm – 9:30 pm, Main Tent): Discussion on Draft Resolution
We look forward to your support,
Henning Graner (Germany; +491799122452 Signal, Telegram),
Sifaan Zavahir (Sri Lanka; 94766656868 WhatsApp),
Je’anna Clements (South Africa), and
Richard Fransham (Canada)
Resolution (Draft, last amended 12th October 2023)
We, the attendees of the 30th International Democratic Education Conference 2023:
Having observed that a number of countries have legislated, or are proposing to legislate, laws on “compulsory education” where “compulsory” means that parents / guardians must cause the child to regularly attend schooling, even if such attendance is not in the best interests of the child;
Observing that Prof. Cassin, who originally inserted the word ‘compulsory’ into the draft text of the Universal Declaration of Human Rights, said that the word should be interpreted to mean that “no one (neither the State, nor the family) could prevent the child from receiving elementary education and that the idea of coercion was in no way implied”; [1]
Reinforced by the General Comment No. 11 of the Committee on Economic, Social and Cultural Rights which states that “The element of compulsion serves to highlight the fact that neither parents, nor guardians, nor the State are entitled to treat as optional the decision as to whether the child should have access to primary education"; [2]
Recalling the concern of the UN Committee on the Rights of the Child on the “continuing authoritarianism, discrimination, disrespect and violence which characterize the reality of many schools and classrooms”; [3]
Respectfully call upon the Committee to make explicit that in the UN Convention on the Rights of the Child the word “compulsory” as used in Article 28. 1 (a) “Make primary education compulsory and available free to all” is to be understood only as a guarantee of access to education, but never as forcing the child to attend school against their will.
[1] UN ECOSOC, Commission on Human Rights: Third Session, Summary Record of the Sixty-Eighth Meeting, New York, 14 June 1948, p. 3; E/CN.4/SR.68, https://undocs.org/en/E/CN.4/SR.68
[2] UN ECOSOC, Committee on Economic, Social and Cultural Rights: General Comment 11, Plans of action for primary education, 10 May 1999, No. 6; E/C.12/1999/4, https://undocs.org/en/E/C.12/1999/4
[3] UN CRC, Committee on the Rights of the Child: General Comment 12, The right of the child to be heard, 20 July 2009, No. 105; CRC/C/GC/12, https://undocs.org/en/CRC/C/GC/12