CHAPTER FOUR: THE RIGHT TO EDUCATION Legal Framework The right to education is important to the life of any human being. A good education enhances the chances of a person to secure employment. A proper education equips an individual with essential tools for use in his or her life. As the ACRWC underlines, the education of a child should be geared towards promoting and developing his or her ‘personality, talents and mental and physical abilities’ to the ‘fullest potential’. 149 International law stresses that a child’s education should be directed at preparing the individual: ‘For responsible life in a free society, in the spirit of understanding, tolerance, dialogue, mutual respect and friendship among all peoples, ethnic, tribal and religious groups’ 150. Moreover, countries with high numeracy and literacy skills are more likely to prosper economically. 151 Recognizing the value education plays in the lives of individuals and nations, international law contains provisions that seek to protect this right. Articles 13, 26 and 17 of the ICESCR, UDHR and the Banjul Charter, respectively, guarantee every person the right to education. As with movement rightsa positive obligation is placed on States to promote the realization of education rights by every person in their territory. A negative obligation is also placed on States. Towards this end, they are prohibited from taking any steps that will erode the enjoyment of this entitlement. Subsequent human rights treaties have fleshed this right out. While recognizing this entitlement, the CRC 152 and the ACRWC 153 urge States to make basic education free and compulsory to every person residing in their territory. States are also encouraged to make secondary education accessible and available to all. 154 Domestic law in Kenya recognizes the right to education. Provisions regulating education are found in the 1968 Education Act 155 and Children Act of 2001. The Children Act in particular reiterates the provisions of international law as reflected in the CRC and the ACRWC. Section 7 of this statute provides: Article 11. Article 29 of the CRC. 151 For the link between universal education and development, see United Nations Development Programme, Human Development Report 2009 available at http://hdr.undp.org/en/media/HDR_2009_ EN_Complete.pdf (accessed 21 March 2010) at 199-202. 152 Article 28(1). 153 Article 11(3). 154 See article 11(3)(b) of the ACRWC and 28(1) of the CRC. 155 See this statute generally. 149 150 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA 27