This includes acts or omissions by state actors and bodies, such as public authorities and officials, as well as by non-state actors, for example, partners, family members, teachers, etc. Global figures also neglect the historical exclusion of girls and women from education, reflected in the statistic that two thirds of the world’s 758 million illiterate adults are women. If girls are educated along with boys, it makes development even more meaningful. (Article 16). Harmful gender stereotypes and wrongful gender stereotyping also affect girls in the school environment. Human rights law, however, neglects the importance of free or accessible early childhood care and education (ECCE)/pre-primary education. States’ legal commitment to CEDAW, the Unesco Convention against Discrimination in Education (CADE), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CRC)—the four foremost treaties guaranteeing the right to education of women and girls—is relatively widespread. For example, the Guardian reports that girls from low income families in the UK often miss schools because they cannot afford sanitary products and do not ask for them because of the social stigma attached to menstruation. Education has a profound effect on girls’ and women’s ability to claim other rights and achieve status in society, such as economic independence and political representation.As the following examples demonstrate, having an education can make an enormous difference to a woman’s These statistics, however, mask disparities at the regional and country level. Malala almost died because she wanted something to change. Provisions related to achieving substantive equality, if they are not concerned with eliminating discrimination, and achieving the right to quality education for all (, Article 4 sets out the conditions for the use of temporary special measures to accelerate, The Committee on the Elimination of Discrimination against Women has issued an authoritative interpretation of Article 10 in, the Committee introduces a novel approach to understand the full nature of the right: the ‘tripartite human rights framework’, which consists of, For further information, see the African Union Commission’s and OHCHR’s, In addition, the Council of Europe has a non-legally binding, When a state ratifies a human rights treaty which guarantees the right to education, without discrimination of any kind (see the three sections above), they are under a legal obligation to implement these provisions in their jurisdiction. This may be because governments do not have legal and policy frameworks in place to make free education a reality or they do but it is not effectively implemented, or it may not be adequately resourced, or there may be corruption which draws resources away from their intended use. So what does international law say about child marriage and what obligations do states have to ensure the right to education of married and/or pregnant girls? Girls and women can face discrimination in all areas and throughout all stages of their life. Poverty is the biggest factor determining whether a girl accesses education. According to a OHCHR report (2013, p. 18), a gender stereotype is harmful when it limits women’s and men’s capacity to develop their personal abilities, pursue their professional careers and make choices about their lives and life plans. It should also be pointed out that child marriage is permissible by law in a number of ‘global north’ countries, notably the US. SRGBV is not confined to primary and secondary education. International human rights law imposes specific obligations on states to eliminate harmful gender stereotypes and wrongful gender stereotyping. According to the latest available global figures (UIS/GEM Report Policy Paper 27/Fact Sheet 37, 2016: p. 1), 263 million children and youth are out of school—that’s 19% of all girls and 18% of all boys. Article 5 requires states to take appropriate measures to eliminate gender stereotyping (see below), prejudices, discriminatory cultural practices, and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. Girls who receive more education are less likely to marry as children and to become pregnant and young mothers. support girls education. It is also a matter of justice. Early marriage is often used synonymously with child marriage. Top 10 Signs You’re In A Cuffing Season Relationship. The European Social Charter (revised) (1996) prohibits discrimination under Article E, provides that the state takes all necessary measures to provide for free primary and secondary education and encourage regular attendance under Article 17, and the right to vocational guidance (Article 9) and training (Article 10). A number of factors contribute to girls from poor families not being able to attend school, the biggest of which is the lack of free education, particularly in the formative years. At RTE we prefer the term ‘child marriage’ because ‘early’ is a relative term, whereas ‘child’ under international law refers to anyone who has not reached the age of majority, i.e., the age at which someone is considered an adult. However, in addition to being a fundamental right in and of itself, the right to education is a ‘multiplier right’ and is, therefore, instrumental in enabling them to benefit from and claim other key rights, such as those related to work, property, political participation, access to justice, freedom from violence and health, including sexual and reproductive health and rights. Regional human rights treaties, therefore, guarantee the right to education in an adapted form–one that acknowledges the barriers common to the region, as well as reflecting the universal and region-specific aims of education. In Africa, regional human rights law is strong and mandates that states enact legislation that sets the minimum age of marriage at 18 without exception (Article 6 (b), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa ; Article 21 (2), African Charter on the Rights and Welfare of the Child . In Asia, the non-legally binding ASEAN Human Rights Declaration (2012) guarantees the right to education in Article 31 and non-discrimination as a general principle, but not as a human right. Intersectional discrimination recognises that women and girls face discrimination in different ways. This includes a prohibition of mandatory pregnancy testing, which has been, Further, in order to rectify the negative impacts of child marriage and early pregnancy on the right to education, for example, if a girl misses any of her primary education, states must provide fundamental education, that is education that replaces missed primary education for girls who become married or pregnant at primary school age (Article 13 (d), International Covenant on Economic, Social and Cultural Rights). Of the 142 million youth out of school (an out-of-school rate of 37%) at the upper secondary level, 69.1 million are girls (48.7%) and 72.7 million are boys (51.2%). Article 2 (a) of CADE permits the establishment or maintenance of gender-segregated educational systems or institutions, provided they offer equivalent access to education, teaching staff with the same standard of qualifications, infrastructure and equipment of the same quality, and the opportunity to study the same or equivalent subjects. See our legal factsheet on gender stereotypes and the right to education for further information. The Committee considers GBV to be a form of discrimination, under Article 1 of the Convention on the Elimination of All Forms of Discrimination against Women (1979, CEDAW). For further information on the interpretation of these articles, see the Joint General Comment of the African Commission on Human and Peoples’ Rights and the African Committee of Experts on the Rights and Welfare of the Child on ending child marriage). Girls are also more likely to be completely excluded from primary education: 15 million girls will likely never enter a classroom compared to 10 million boys. How To Flirt With Your Crush Without Being Too Obvious. Forced marriage is where one or both people do not consent to the marriage or consent to stay in the marriage, and pressure or abuse is used to coerce one or both parties. This is particularly true of the Americas, sub-Saharan Africa, and South East Asia—all regions with high child marriage prevalence rates. The World Bank Group report that parental fears for the safety of girls in traveling to school impact female enrolment rates in Africa, South Asia, and the Middle East. Lack of free education is closely linked with government priorities reflected in fiscal policy. The Convention on the Elimination of All Forms of Discrimination against Women (1979, CEDAW) is the only legally binding treaty at the international level focusing exclusively on women’s rights. A holistic approach is required to eliminate child marriage and pregnancy because its causes are varied and deeply entrenched. According to WBG a one percentage point increase in the proportion of women with secondary education raises the average gross domestic product (GDP) by 0.3 percent. This is coupled with the latest in news and expert views about the topics and issues currently impacting the education sector. The right to education of girls is also comprehensively protected by a number of other African treaties. Gender stereotyping is the practice of ascribing to an individual woman or man specific attributes, characteristics, or roles by reason only of her or his membership in the social group of women or men. Girls’ education is proven to have a powerful impact on economic growth. Linked to child marriage is early and unintended pregnancy. These rights are fundamental in ensuring that gender perspectives and issues are considered when laws, policies, and other measures affecting gender equality in education are designed, formulated, and implemented. Often, minimum legal ages for marriage are set, but the law is inconsistent (see Tanzania, for example), customary law, such as Shari’a or tribal law applies, or the law allows girls to be married in certain situations, for example, if she is pregnant or has parental permission. More girls are in school today than ever before, but they do not always have the same opportunities as boys to complete and benefit from an education of their choice. This limited exception, however, does not in any way dilute states’ obligations to eliminate child marriage and early or unintended pregnancy, and to protect the human rights of child brides and mothers, including the right to education. It sets forth the normative content in relation to the elimination of discrimination against women and ensuring equal rights with men in the field of education, including: the elimination of any stereotyped concept of the roles of men and women (see below), the same opportunities to benefit from scholarships and other study grants, the same access to programmes of continuing education, including literacy programmes, particularly those aimed at reducing the gender gap in education, the reduction of female student drop-out rates and programmes for women and girls who have left school prematurely, the same opportunity to participate in sports and physical education, access to educational information on health, including advice on family planning. It interprets and applies the right to education in a way that considers the specific needs and circumstances of women and girls. Gender inequality is then perpetuated through hiring practices that further disadvantage women. The Protocol also commits States parties to taking action on a number of issues affecting women and girls' right to education, including to: eliminate discrimination against women (Article 2), ban female genital mutilation (Article 5 (b)), set the minimum age of marriage for girls at 18 (Article 6 (b)), ensure the effective participation and representation of women in decision-making (Article 9 (2)), guarantee reproductive and health rights (Article 14). A 2010 survey in the Côte d’Ivoire found that, International human rights law prohibits GBV in all settings, including in education. Each of these obstacles is underpinned by harmful gender stereotypes about the role of women and men in society. ‘Child marriage’, ‘early marriage’, ‘arranged marriage’, and ‘forced marriage’ are often used interchangeably. A Unesco brief highlights (2008, p. 1-2) that increasing the number of women teachers has a positive impact on girls’ education, because: in some conservative communities, parents will not allow their daughters to be taught by a male teacher, the presence of women in schools can impact positively on girls’ retention in school and on their achievement, at the school policy level, women teachers may act as advocates for girls, representing their perspectives and needs, and promoting more girl-friendly learning, women teachers provide new and different role models for girls, breaking down harmful gender stereotypes. Despite gains in rates of girls’ enrolment in primary school there are disparities in completion rates. Examples of SRGBV also includes bullying by fellow students. The Committee on the Elimination of Discrimination against Women’s General Recommendation 36 on girls’ and women’s right to education elaborates such measures and lays out precise and actionable legal and policy recommendations that would bring states into compliance with obligations flowing from Article 10 and other relevant provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Girls require toilets for menstrual hygiene purposes, this includes access to sanitary products, without which girls often miss school because of the social stigma of menstruation, they are unable to concentrate during classes, amongst other reasons. 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