Article 26: A Principled Statement on Education

Abstract

In this paper I show how Article 26 of the Declaration of Human Rights developed from its earlier versions, including basic ideas for education, to aims and purposes, and its final adaptation incorporating further democratic ideals. I also show that the Declaration “as a common standard of achievement” heralded by the General Assembly of the United Nations is a principled statement of restriction on government intervention in education, on the one hand, and a principled positive statement that those affected by state-governed education should be able to choose education for their children on the other.

Klas Roth is Associate Professor at Department of Education, Stockholm University. He is the author/editor of six books, one special issue in Studies in Philosophy and Education (2008) – “Communication, Identity and Learning in an Age of Globalization,” edited together with Staffan Selander, and many journal articles and chapters. His most recent books include Education in the Era of Globalization (2007), edited together with Ilan Gur-Ze'ev, and Changing Notions of Citizenship Education in Contemporary Nation-states (2007), edited together with Nicholas C. Burbules.

I am grateful for the help of Gunnel Torén at the Dag Hammarskjöld Library, Uppsala, Sweden and Adriano Goncalves at Office Des Nations Unies À Genève, Bibliothèque, Geneva, Switzerland in finding the documents on the preparatory process of Article 26 in the Universal Declaration of Human Rights.

All references are to documents of the United Nations General Assembly and the United Nations Economic and Social Council, Commission on Human Rights 1947–1948, the Working group of the Commission and the final report of the Commission unless otherwise stated. Documents from the United Nations General Assembly begin with “A”. Documents from the Economic and Social Council begin with “E”. Documents from the Commission on Human Rights (which drafted the Declaration) start with “E” plus “CN4”. Documents with “SR” stands for “Summary Record” and refers to minutes of meetings of the Commission on Human Rights.

Notes

1. In favor: Afghanistan, Argentina, Australia, Belgium, Bolivia, Brazil, Burma, Canada, Chile, China, Colombia, Costa Rica, Cuba, Denmark, the Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti, Iceland, India, Iran, Iraq, Lebanon, Liberia, Luxemburg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Siam (Thailand), Sweden, Syria, Turkey, United Kingdom, United States, Uruguay, and Venezuela. Abstaining: Byelorussian Soviet Socialist Republic (SSR), Czechoslovakia, Poland, Saudi Arabia, Ukrainian SSR, Union of South Africa, USSR, and Yugoslavia (Yearbook of the United Nations 1948–49: 535).

2. Yearbook of the United Nations 1948–49: 535.

3. United Nations, Economic and Social Council, Division of Human Rights, Documented Outline, UN Doc. E/CN.4/AC.1/3/Add.1, 2 June 1947.

4. Australia, Belgium, Byelorrusian Soviet Socialist Republic (BSSR), Chile, China, Egypt, France, India, Iran, Lebanon, Panama, Philippine Republic, United Kingdom, United States, Union of Soviet Socialist Republics, Uruguay, and Yugoslavia.

5. The first Chapter is called “General Principles” and includes six articles. The second is called “Right to Life and Physical Inviolability” and consists of one article. The third chapter, “Personal Freedom,” consists of seven articles, and chapter four, “Legal Status,” includes six articles. Chapter five, “Public Freedoms,” also includes six articles, and chapter six, “Political Rights,” consists of five articles. Chapter seven, “Nationality and Protection of Aliens,” consists of three articles, and finally, chapter eight, “Social, Economic and Cultural Rights,” consists of 12 articles, including the article on education, namely Article 41.

6. In favor: Argentina, Australia, Belgium, Brazil, Chile, Colombia, Cuba, Denmark, India, Lebanon, Luxembourg, Netherlands, Pakistan, New Zealand, Paraguay, Philippines, and Sweden. Against: Afghanistan, Byelorussian Soviet Socialist Republic, Ecuador, France, Mexico, Poland, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom, United States of America, Uruguay, Venezuela, and Yugoslavia. Abstaining: Canada, China, Czechoslovakia, Dominican Republic, Honduras, Peru, and Turkey (E/800: 605).