UCC-Graduate Studies_2021/MFV

UNIVERSITY OF CALOOCAN CITY

Graduate School

Discussant: Concepcion, Neriza Ann G.

Reporter No.: 23
Course: Master of Arts in Education major in Educational Management
Subject: Education and the Law
Course Code: MAED-309
Date: December 11, 2021
Professor: Michael F. Villalon, Ph.D.

(REPORT TOPIC/s)

I. OBJECTIVES:
1. Determine what is the Universal Declaration of Human Rights (UDHR),
Convention on the Rights of the Child (CRC) and Convention on the
Elimination of all Forms of Discrimination Against Women (CEDAW);
2. Understand the Right to Education of every child stated in Article 28 of
Universal Declaration of Human Rights;
3. Value the importance of Articles 28 and 29 of Convention on the Rights of
the Child in education sector; and,
4. Observe if the Article 10 of Convention on the Elimination of all Forms of
Discrimination Against Women is being applied in education sector.

II. INTRODUCTION:
Every child has the right to education. It is the responsibility of the State to
ensure that education is accessible, free and equitable most especially to children.
Hence, Article 26 of the Universal Declaration of Human Rights (UDHR) is focusing
on safeguarding the right to education of every child. In addition, Articles 28 and 29
of Convention on the Rights of the Child recognizes that every child has the right to
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education which provides an equal opportunity for all which is included in aims of
education.
On the other hand, Article 10 of the Convention on the Elimination of all Forms
of Discrimination Against Women (CEDAW) emphasizes that the government shall
take all necessary and appropriate measures in eradicating all forms of discrimination
against women. Women shall have an equitable opportunity and rights same with
men most especially in the field of education.

III. LEARNING CONTENT:

ARTICLE 26 OF UNIVERSAL DECLARATION OF

HUMAN RIGHTS (UDHR)

What is Universal Declaration of Human Rights (UDHR)?

The Universal Declaration of Human Rights (UDHR) is a milestone document
in the history of human rights. Drafted by representatives with different legal and
cultural backgrounds from all regions of the world, the Declaration was proclaimed by
the United Nations General Assembly in Paris on 10 December 1948 (General
Assembly resolution 217 A) as a common standard of achievements for all peoples
and all nations. It sets out, for the first time, fundamental human rights to be
universally protected and it has been translated into over 500 languages. The UDHR
is widely recognized as having inspired, and paved the way for, the adoption of more
than seventy human rights treaties, applied today on a permanent basis at global and
regional levels (all containing references to it in their preambles).

Article 26 of UDHR states that:

1. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made generally
available and higher education shall be equally accessible to all on the basis
of merit.
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2. Education shall be directed to the full development of the human personality

and to the strengthening of respect for human rights and fundamental
freedoms. It shall promote understanding, tolerance and friendship among all
nations, racial or religious groups, and shall further the activities of the United
Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given
to their children.

ARTICLES 28 AND 29
OF CONVENTION ON THE RIGHTS OF THE CHILD (CRC)

What is Convention on the Rights of the Child (CRC)?

It is an international legal framework created in 1989 which seeks to protect
and fulfill the rights of every child. Contained in this treaty is a profound idea: that
children are not just objects who belong to their parents and for whom decisions are
made, or adults in training. Rather, they are human beings and individuals with their
own rights. The Convention says childhood is separate from adulthood, and lasts
until 18; it is a special, protected time, in which children must be allowed to grow,
learn, play, develop and flourish with dignity. The Convention went on to become the
most widely ratified human rights treaty in history and has helped transform children’s
lives.
Furthermore, The Convention is the most widely ratified human rights treaty in
history. It has inspired governments to change laws and policies and make
investments so that more children finally get the health care and nutrition they need
to survive and develop, and there are stronger safeguards in place to protect children
from violence and exploitation. It has also enabled more children to have their voices
heard and participate in their societies.

Article 28 of CRC states that:

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1. States Parties recognize the right of the child to education, and with a view
to achieving this right progressively and on the basis of equal opportunity,
they shall, in particular:
a. Make primary education compulsory and available free to all;
b. Encourage the development of different forms of secondary education,
including general and vocational education, make them available and
accessible to every child, and take appropriate measures such as the
introduction of free education and offering financial assistance in case
of need;
c. Make higher education accessible to all on the basis of capacity by
every appropriate means;
d. Make educational and vocational information and guidance available
and accessible to all children; and,
e. Take measures to encourage regular attendance at schools and the
reduction of drop-out rates.
2. States Parties shall take all appropriate measures to ensure that school
discipline is administered in a manner consistent with the child's human
dignity and in conformity with the present Convention.
3. States Parties shall promote and encourage international cooperation in
matters relating to education, in particular with a view to contributing to the
elimination of ignorance and illiteracy throughout the world and facilitating
access to scientific and technical knowledge and modern teaching
methods. In this regard, particular account shall be taken of the needs of
developing countries.

Article 29 of CRC states that:

1. States Parties agree that the education of the child shall be directed to:
a. The development of the child's personality, talents and mental and physical
abilities to their fullest potential;
b. The development of respect for human rights and fundamental freedoms,
and for the principles enshrined in the Charter of the United Nations;
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c. The development of respect for the child's parents, his or her own cultural
identity, language and values, for the national values of the country in
which the child is living, the country from which he or she may originate,
and for civilizations different from his or her own;
d. The preparation of the child for responsible life in a free society, in the spirit
of understanding, peace, tolerance, equality of sexes, and friendship
among all peoples, ethnic, national and religious groups and persons of
indigenous origin; and,
e. The development of respect for the natural environment.
2. No part of the present article or article 28 shall be construed so as to interfere
with the liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principles set forth in
paragraph 1 of the present article and to the requirements that the education
given in such institutions shall conform to such minimum standards as may be
laid down by the State.

ARTICLE 10 OF CONVENTION ON THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN (CEDAW)

What is Convention on the Elimination of all Forms of Discrimination Against

Women (CEDAW)?
It is an international legal instrument that requires countries to eliminate
discrimination against women and girls in all areas and promotes women’s and girls’
equal rights. CEDAW is often described as the international bill of rights for women,
and is one of the key international agreements that guides the work of UN Women in
achieving gender equality and empowering all women and girls.

Article 10 of CEDAW states that:

States Parties shall take all appropriate measures to eliminate discrimination
against women in order to ensure to them equal rights with men in the field of
education and in particular to ensure, on a basis of equality of men and women:
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a. The same conditions for career and vocational guidance, for access to studies
and for the achievement of diplomas in educational establishments of all
categories in rural as well as in urban areas; this equality shall be ensured in
pre-school, general, technical, professional and higher technical education, as
well as in all types of vocational training;
b. Access to the same curricula, the same examinations, teaching staff with
qualifications of the same standard and school premises and equipment of the
same quality;
c. The elimination of any stereotyped concept of the roles of men and women at
all levels and in all forms of education by encouraging coeducation and other
types of education which will help to achieve this aim and, in particular, by the
revision of textbooks and school programmes and the adaptation of teaching
methods;
d. The same opportunities to benefit from scholarships and other study grants;
e. The same opportunities for access to programmes of continuing education,
including adult and functional literacy programmes, particulary those aimed at
reducing, at the earliest possible time, any gap in education existing between
men and women;
f. The reduction of female student drop-out rates and the organization of
programmes for girls and women who have left school prematurely;
g. The same Opportunities to participate actively in sports and physical
education; and,
h. Access to specific educational information to help to ensure the health and
well-being of families, including information and advice on family planning.

IV. VOCABULARY WORDS:

● compulsory – required by law or a rule; obligatory.
● construed – to understand or explain the sense or intention of usually in a
particular way or with respect to a given set of circumstances
● enshrined – preserve (a right, tradition, or idea) in a form that ensures it
will be protected and respected.
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● ratified – sign or give formal consent to (a treaty, contract, or agreement),

making it officially valid.
● treaty – a binding formal agreement, contract, or other written instrument
that establishes obligations between two or more subjects of international
law (primarily states and international organizations).

V. SUMMARY:
Article 26 of the Universal Declaration of Human Rights (UDHR) focuses on
making education available to most especially to children. This article stated that
everyone has the right for education. Education must be free and accessible to all
and also promotes holistic approach for children. Furthermore, parents have the
freedom to choose what kind of education shall be delivered to their children.
In Article 28 of Convention on the Rights of the Child (CRC) recognizes the
right of the child to education in a progressive manner and based on equal
opportunity. This can be achieved through ensuring that all educational systems
(primary, secondary, vocational and higher education) are equitable, available and
accessible to all. On the other hand, Article 29 is mainly focuses on the aims of
education which directs the educational processes. These processes shall be
directed in the development of child’s personality, talents, mental and physical
abilities, respect to parents and others as well as in preparation to life.
Lastly, States Parties must ensure that the Article 10 (Rights to Education of
Women) of Convention on the Elimination of all Forms of Discrimination Against
Women (CEDAW) that women have equal rights to men in the field of education.

VI. CONCLUSION AND RECOMMENDATION:

These treaties are important milestone in achieving and providing equitable
and accessible education for all. Without these, we may not enjoy the education we
have right now. Furthermore, I highly appreciated that different countries have
collaborated and took enormous effort in order for these treaties to be implemented.
Indeed, it is evident that all children have the right for an equitable, free and
accessible education. As a daughter of a Day Care Worker, I have witnessed how
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the children have enjoyed the right to a free, equitable and accessible education
most especially in fundamental stages. During the fundamental stages of
development, educating them is critical for it will make a significant impact to them as
they grow.
Relevant to Article 10 of Convention on the Elimination of all Forms of
Education (CEDAW), I am personally enjoying and experiencing equal rights of
women same with men in education sector. Gone are the days wherein that there are
roles that only men can perform. Thus, women empowerment is realized now not
only in the field of education but other fields as well.

VII. ASSESSMENT:
1. How does education direct the development of the human personality?
2. Why there is a need to collaborate with other countries in the matters of
education?
3. What is the role of Convention on the Rights of the Child (CRC)?
4. In the Philippines, do you think that women are given equal rights same as
men in the field of education? Why or why not?
5. As an educator, how could you encourage your students to maintain
regular attendance at schools? -

VIII. REFERENCE/S:
● Convention on the Rights of the Child
https://www.unicef.org/child-rights-convention#learn
 Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) for Youth: Pooja Khanna, Zachary Kimmel and Ravi
Karkara:
https://www.unwomen.org/en/digital-library/publications/2016/12/cedaw-
for-youth
 Article 26 of the Universal Declaration of Human Rights
https://www.humanrights.com/course/lesson/articles-26-30/read-article-
26.html
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 Universal Declaration of Human Rights:

https://www.un.org/en/about-us/universal-declaration-of-human-rights
 Article 28: Education: Convention on the Rights of the Child
https://archive.crin.org/en/home/rights/convention/articles/article-28-
education.html
 Article 29: Aims of Education: Convention on the Rights of the Child
https://archive.crin.org/en/home/rights/convention/articles/article-29-
aims-education.html
 Convention on the Elimination of all Forms of Discrimination against
Women New York, 18 December 1979
https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx

IX. ABOUT THE DISCUSSANT:

Ms. Neriza Ann G. Concepcion is

currently a Teacher I and DepEd
Partnership Database System (DPDS)
Coordinator at Talipapa High School in
Schools Division Office of Caloocan City.
She is teaching Araling Panlipunan in
Grades 8 and 9. Furthermore, she is also
part of the Technical Working Group of the
Continuous Undoing Stress Program
(CUSP) as well handling the online activities
of the school.

She completed a Two-Year Diploma Course in Office Management in 2009 at

Bestlink College of the Philippines. A graduate of Bachelor’s Degree in Information
Technology in 2012 in the same institution. She took her Education Units at the
University of Santo Tomas in 2018.