The right to education in Australia

Everyone has the right to education. The fundamental right to education was first recognised in Article 26 of the Universal Declaration of Human Rights in 1948, and has been repeatedly reaffirmed in the 75 years since then. Education is vital for eliminating povery, ending exploitation, and empowering disadvantaged and marginalised people. The knowledge and skills acquired through education make it possible for people to live independently and participate fully in their communities. Education also impacts whether people can enjoy almost all of their other human rights. Without an adequate education, it is difficult for people to meaningfully exercise their rights to life, health, work, an adequate standard of living, privacy, and non-discrimination, amongst many others. Perhaps most importantly, education is also a benefit in itself: ‘a well-educated, enlightened and active mind, able to wander freely and widely, is one of the joys and rewards of human existence’. Australians greatly value education, but we often take our access to education for granted. Almost everyone in our community receives at least a primary school education, and the majority also complete high school. But our access to education is not limited to the school years. In the years before school, young children enjoy the benefits of early childhood education, and many people will continue their education after school, at universities or in vocational education and training. However, despite a long history of commitment to both human rights and education, Australia does not recognise an enforceable right to education in federal law. Not only is this inconsistent with Australia’s obligations under international human rights law, but it also has real consequences for people whose right to education is infringed upon.