overcrowding faced by Palestinian residence of Jerusalem who are able to
attend school, has a highly detrimental effect on the quality of education
available to Palestinian students.218 Accordingly, many are faced with the
prospect of paying for private schools, or being denied access to education
altogether, as is the case of 5,300 Palestinian students in East Jerusalem.219
Acquiring permits to build new schools is not only difficult for Palestinians
but also for international organizations such as UNRWA, which reports that
Israeli authorities usually do not grant them building permits for schools.220 In
an attempt to work its way around the permit regime, UNRWA has started
using shipping containers as classrooms, hosting 30 children in just 30m2.221
Restrictions on the Quality of Education
The right to education implies more than educational facilities being
physically accessible. As stated by the Committee on Economic, Social and
Cultural Rights (CESCR), the right to education also covers the acceptability
of education, meaning that the form and substance of education must be of
good quality and culturally appropriate.222
It is not only in the oPt that the Israeli permit regime undermines the quality
of education available to Palestinians. This happens in Israel as well. CESCR
states in its general comment No. 21. that “education must be culturally
appropriate, include human rights education, enable children to develop their
personality and cultural identity and to learn and understand cultural values
and practices of the communities to which they belong, as well as those of
other communities and societies.”223 The right to education thereby clearly
includes the right of Palestinian citizens of Israel to learn about the culture
and history of the Palestinian community as a whole. However, the Israeli
Education Ministry has refused to include important Palestinian cultural and
historical narratives, such as the Nakba, in the curriculum of Israeli schools.
Moreover, Israel uses this restriction to the right of education as an informal
or“hidden” permit, aimed at changing the culture and shared history of
218 The Palestinian Centre for Human Rights, “Education Denied: Israel’s Systematic Violation of
Palestinian Children’s Right to Education”, 2011, page 26. Available at: http://www.pchrgaza.org/
files/2011/education%20book.pdf
219 Ibid.
220 Ibid. Pages 19-20
221 Ibid. Page 25
222 UN Economic and Social Council, “General Comment No. 13: The Right to Education (Art. 13 of the
Covenant)”, 8 December 1999, page 3
223 UN Committee on Economic, Social and Cultural Rights (CESCR), “General Comment No. 21, Right of
everyone to take part in cultural life (art.15, para.1 (a), of the International Covenant on Economic,
Social and Cultural Rights”, 21 December 2009, page 7. Available at: http://www.refworld.org/
docid/4ed35bae2.html
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