The value and importance of human beings, especially children, and their personal development and growth, have been the focus of global legal institutions after World War II. The issue of human rights and the right to education was defined as one of the fundamental human rights in international organization documents from that time on. Based on this, it received attention and acceptance in the domestic laws of most member countries of the international community and was communicated to all countries as necessary and enforceable documents. Generally, human rights issues are global and are regulated and formulated in order to respect human rights and dignity, so they are beyond the control of domestic rulers. This makes these documents necessary and valid. The right to education is among the first generation of human rights and, in this regard, has become a means for the flourishing and dynamism of human beings, leading to the development of capable and responsible individuals in social, political, economic, and cultural spheres. Despite the existence of valid international documents, we are witnessing widespread violations of this

Important international documents have emphasized this right, first and foremost referring to the United Nations Charter. Article 55 of this Charter recognizes the link between the right to education and legitimate rights and freedoms, and emphasizes the implementation of these rights without discrimination.

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“In order to create the necessary conditions for stability and tranquility, which are essential for ensuring friendly and peaceful relations between nations, and must be based on respect for the principle of equality of rights and the right to self-determination, the United Nations will encourage the following actions:”

1- Elevating the standard of living and sufficient work and providing the means for economic and social progress and development.

2. Solving international issues related to economic, social, and public health concerns, as well as collaboration on cultural and educational environments.

3- Universal and genuine respect for human rights and freedoms that are fundamental for everyone, without discrimination based on race, gender, language, or religion.

Based on this, in the Universal Declaration of Human Rights, Article 26 emphasizes the right to universal education, its availability to all, free of charge, and the compulsory nature of minimum education (primary). It recognizes parents as the primary decision-makers in choosing the type of education and upbringing for their children. This fundamental right should be provided equally for all individuals, based on their merit and abilities, without any discrimination, and no government should deprive individuals of this right based on their ideological or political beliefs.

1- Everyone has the right to benefit from education and training. Education and training, at least to some extent, should be free, especially when it comes to primary and fundamental teachings. Primary education is mandatory. Vocational training should be accessible to all and higher education should be available to everyone on equal terms, so that everyone can benefit from it according to their abilities.

2- Education and upbringing should be guided in a way that helps each individual reach their full human potential and strengthens respect for human rights and freedoms. Education and upbringing should promote understanding, forgiveness, and respect for opposing beliefs, as well as fostering friendship among all nations and racial or religious communities. Additionally, it should facilitate the development of United Nations activities in the pursuit of peace.

3- Parents have priority over others in choosing the type of education and upbringing for their children.

Article 13 of the Covenant on Economic, Social, and Cultural Rights also includes these provisions, such as compulsory and free primary education, expansion of secondary education, and movement towards making secondary education free.

1- Member states of this covenant recognize the right of every individual to access education and training. They accept that education and training should be directed towards the full development of the individual’s personality and dignity, and promote respect for human rights and fundamental freedoms. They also accept that education and training can enable active and effective participation of individuals in a free society, and contribute to creating a space of understanding, tolerance, and friendship among all nations and racial, ethnic, or religious groups, as well as activities of the United Nations, to achieve peace.

2- Member states of this treaty acknowledge and fully commit to achieving and realizing the following rights:

Elementary education should be mandatory and free for everyone.

B: Secondary education with its various forms, including technical and vocational education, should be made accessible to all through appropriate tools, especially in order to make it free for everyone.

Answer: Higher education should be equally accessible through appropriate tools, especially in order to make free education the norm and based on talent and competence.

Basic training should be encouraged and reinforced for individuals who have not completed or completed their elementary education to the extent possible.

The expansion and development of the school system must be actively pursued at all levels in order to establish a suitable scholarship system. Additionally, the financial conditions of educational staff must constantly improve.

The concepts and themes above have also been declared and emphasized in the materials of Conventions 1 and 4 of the UNESCO Convention on the Elimination of Discrimination in Education, adopted on December 14, 1960: “In this Convention, the term ‘discrimination’ includes any distinction, exclusion, restriction, or preference based on race, color, sex, language, religion, political opinion, or any other opinion, national or social origin, or economic status, and the subject or result of which is the elimination of equal treatment in access to education or its distortion.”

Article 3 of the International Covenant on Civil and Political Rights, adopted on December 16, 1966 by the United Nations General Assembly, also emphasizes the right to education: “Every child has the right to education based on their citizenship.” Additionally, the Convention on the Rights of the Child, as an international document signed by almost all countries in the world, begins in Article 29 with the phrase “States Parties agree” in relation to the goal of education and upbringing. This means that there is a global consensus in the field of education and upbringing that leads to the elimination of hostile borders of religion and culture in education among all nations around the world.

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“The countries party to the Convention agree that the following items should be included in children’s education and upbringing:”

The complete development of children’s personality, talents, and mental and physical abilities.

B- Development means respecting human rights and fundamental freedoms as stated in the United Nations Charter.

C- Developing respect for the child’s parents, cultural identity, language, and literary and national values of the country in which they live and towards the child’s original homeland and different civilizations from their own.

Preparing a child to lead a responsible life in free societies with spirits filled with understanding, peace, patience, gender equality, and friendship among all people, ethnic groups, religious and national groups, and other individuals.

“Promoting respect for the environment.”

The fundamental right of every child to education is emphasized in Article 28 of the Convention on the Rights of the Child. Paragraphs (a) to (h) of this article include the obligations of countries towards achieving this right. This article emphasizes that member countries must gradually and based on equal opportunities, provide conditions for access to education. In terms of primary education, member countries are not only obligated to provide free primary education, but they must also make it compulsory.

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“Convention countries recognize the right of the child to education and upbringing and will take the following measures in order to gradually achieve this right and based on creating equal opportunities:”

A – Mandatory and free primary education for all.

B – Encouraging the development of various forms of secondary education, including vocational and general education, making such education available to all children and taking necessary actions such as providing free education and financial assistance if needed.

Providing equal access to higher education for everyone based on abilities and in any suitable way.

D- Making information and educational guidance and resources available for all children; and.

“Taking measures to encourage regular attendance of children in schools and reduce absences.”

In September 2015, the United Nations General Assembly adopted resolutions titled “Transforming Our World: The 2030 Agenda for Sustainable Development.” This resolution lists 17 goals for “sustainable development” for member countries of the United Nations. This document was developed in collaboration with international expert groups, but members are not required to implement it and can choose to adapt it to their own conditions. Education is one of the 17 components of the United Nations’ Sustainable Development Program. The United Nations program states that by 2030, all 192 member countries should provide “equal, high-quality, and lifelong education” for all residents of the country, regardless of gender, ethnicity, tribe, age, or social status.

It is noted that many resolutions and international agreements emphasize the right to education and oblige governments to implement regulations to ensure equal access to education. Despite these documents, we are still witnessing widespread and sometimes systematic violations of the right to education in many countries. Afghanistan and Palestine have been mentioned previously as examples.

In the Islamic Republic, despite the fact that post-revolution governments have signed many documents related to the right to education (documents mentioned above) and the Constitution also emphasizes the equality of all Iranian people in Article 19 and the right to equal and free education in Article 30: “The government is obligated to provide free education for all citizens until the end of secondary education and to expand higher education facilities for the country’s self-sufficiency”, in practice we see many children deprived in border areas such as Sistan and Baluchestan, Khuzestan, Ilam, Kurdistan, religious minorities such as Baha’is, and other individuals who do not fit into the official definition of the Islamic Republic, which requires special attention. On the other hand, we also witness widespread discrimination in terms of the quality and facilities of education, which has recently been acknowledged and addressed by the President of Iran after the announcement of the results of the nationwide university entrance exam.

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Despite the existence of international documents regarding the necessity of education and the right to education, necessary measures have not been taken to prevent widespread violations of this legal right. It is essential for governments and the global community to employ serious methods, along with close and well-documented monitoring, to ensure its effective implementation. Holding governments accountable for upholding fundamental human rights and their obligations towards education and human rights issues should be taken seriously by the United Nations and the Human Rights Council. The International Criminal Court can also pursue necessary actions for widespread violations of human rights and the right to education, and if needed, governments should be obligated to provide for these needs and exempt their education system from international sanctions. Those responsible for these violations should also be prosecuted and held accountable by the international community to prevent further restrictions or denial of the right to education. Ignoring this right can cause irreparable harm to individuals, and all members of the global community will be affected by the negative consequences of these human rights violations.