ARTICLE 26 OF UNIVERSAL DECLARATION OF HUMAN RIGHT

The universal declaration of the Human Rights is a historical document which only outlined the
rights and freedoms of everyone is entitled to.

On 10 December 1948, the general assembly of the united nation announced the universal
declaration of human right (UDHR) 30 Right and freedom that belong to all human being. The
declaration arose directly from the experience of the Second World War and represents the first
global experience of rights to which all human beings are inherently entitled

The UDHR marked the main motive that all human being are free and equal, regardless of color,
creed, or religious. It was the first international agreement on the basic principle of the human
rights and has been translated into more than 360 languages. It has been the clear-cut for
improving human right protections for the group as disabled people, indigenous people and
women.

The right and freedom in universal declaration of human right includes- The right to asylum, the
right to freedom and torture, the right to free speech and right to education, civil and political
rights like right to life, liberty, free speech and privacy and right to social security, health and
education.

Provisions of article 26 of universal declaration of human right

1. Everyone has right to education. Education shall be free at least in the elementary and
fundamental stages. Elementary education shall be compulsory, technical and profession
shall be made generally available and higher education shall be equally accessible to all
on the basis of merit.
2. Education shall be directed to full development of the human personality and to
strengthening of respect for human and fundamental freedom. It shall promote
understanding, tolerance and friendship among all nation, racial or religious groups, and
shall further the activities of the united nation for the maintenance of peace
3. Parents have a prior right to choose the kind of education that shall be given to their
children.

The universal declaration shows its farmers that education is not value neutral, and in drafting
the document, the soviets, being most ideologically sensitive, were the first to speak on this
point.
 Its significance in farming holistic concept of human nature as essentially free, social
potentially educated and entitled to participate in critical decision making is bolstered by
repetition at several points.
 Article 26: right to education and state – education shall be directed to the full
development of the human personality.
 Article 22: every ones right to social, economic and cultural rights is absolutely
necessary for the free development of personality.

Another positive goal of right to education is to promote understanding, tolerance and friendship
among all nations, racial or religious group.

Next goal of article 26 says that education should further the activity of the united nation for the
maintenance of peace.

Human right education today

Education involves more people than other institutionalized activity worldwide, according to the
united nation special rapporteur on the right to education .in her 2002 report to the UN
commission on human right, katarina tomasevski said that while a commitment to
institutionalized education is globally ubiquitous the commitment everywhere is “to hardware
at the expense of software”. In these terms, she lamented disequilibrium between the formal
institution structure and contents of schooling on the one hand and the value oriented substance
of teaching and learning on the other.

Example was chosen to illustrate how wide ranging the human right education project has
become since its recent inception. The “software” is very diverse. For example, some of these
projects are short term and other reflects long- term educational commitments. Some are
addressed to values clarification and cognitive development. Another set focus on analytical skill
and problem – solving, and others on changing attitudes and behavior. Some are embedded in
formal educational programs and others in programs of popular education. All manifest one or
more of the educational goals specified in article 26 of universal declaration.

The Indian Constitution and education right of children

The member states of the united nations pledged to work together to promote the thirty articles of
human right that, for the first time in history has been assembled and codified in one single
document . In outcome many of these rights, in various forms, are today part of the constitutional
laws of democratic nations.

While talking about Indian constitution:

 According to 86th amendment act, 2002.

It is amended after article 21 and added a new article 21 (a) of Indian constitution the right to
education of children (6 to 14 years) in fundamental right it is provided “ the states shall free and
compulsory education to all children of the age of 6 to 14 years in such manner as the state may
by law determine”.

case:

unni krishnan v. state of A.P.1

The court specifically held that the right to education for the children of 6 to 14 years a
fundamental right. The parliament to give effect to 86th constitution amendment act 2002
passed the right the children to compulsory education act, 2009. It provides the responsibilities of
the central and state government, teacher, parents and community members in insuring that all
children of 6 and 14 years receives free and compulsory education.

Also amended in fundamental duties in article 51A (k)2 that every citizen who is parent or
guardian must provide opportunity for education for his children or ward between age 6 and 14.

Article 45 provision for free and compulsory education for children

1. The state shall Endeavour to provide, within a period of 10 year from the
commencement for this constitution, free and compulsory education for all children
until they complete the age of 14 years.
2. They shall Endeavour to provide early childhood care and education for all children
until they complete the age of 6 year.3

Conclusion

many observers educators and activists now become aware of an international movement in
support of human right education the vision shared involved is directed to constructing a
universal culture of human right, no longer a idealistic but a challenging for a globalizing word
in need of shared positive values we are faced with the obligation at the international, national,
local and personal level to implement effective program of human right education. With respect
of UDHR the Indian constitution or other democratic nation also amended its document with
regard to right and freedom which brings the positive changes in nations.

1
(1993) SCC (1) 645
2
Inserted by the constitution(86th amendment)act, 2002
3
86th amendment act, 2002 of the Indian constitution.