Pathways to Fill the Gaps in the International Legal Framework on Rights to Early Childhood Care and Education, including Free Pre-Primary Education, and Free Secondary Education: A United Nations Analytical Paper

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Publication Details

Journal
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Published
2026-09-21
DOI
https://doi.org/10.17159/1727-3781/2026/v29i0a26331
Primary Topic
Children's Rights and Participation
Type
article
Field-Weighted Citation Impact
0.00
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article

Pathways to Fill the Gaps in the International Legal Framework on Rights to Early Childhood Care and Education, including Free Pre-Primary Education, and Free Secondary Education: A United Nations Analytical Paper

Klaus Dieter Beiter
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Children's Rights and Participation
article

Pathways to Fill the Gaps in the International Legal Framework on Rights to Early Childhood Care and Education, including Free Pre-Primary Education, and Free Secondary Education: A United Nations Analytical Paper

Klaus Dieter Beiter
article en

Abstract

The text that follows reflects the content of an analytical paper prepared for the UN Human Rights Council's Open-Ended Intergovernmental Working Group on an Optional Protocol to the Convention on the Rights of the Child on the Rights to Early Childhood Education, Free Pre-Primary Education and Free Secondary Education, setting out the various pathways available to clearly recognise rights to early childhood care and education, including free pre-primary education, and free secondary education in international law. The analytical paper outlines each option's respective advantages, challenges, and potential complementarities (Sections 4 and 5). To frame the discussion, there is, however, first an account of the gaps in the international legal framework (Section 2) and a doctrinal emphasis of the importance of recognising early childhood care and education - or aspects thereof, certainly free pre-primary education - and free secondary education as core aspects of the right to education that should give rise to "minimum core obligations" (Section 3). The analytical paper shows that each option has indeed strengths and weaknesses. Taking into account the need for doctrinal coherence, urgency of protection, and practical realisability, some pathways, such as an Optional Protocol to the Convention on the Rights of the Child, appear stronger then others. Overall, however, the paper deliberately refrains from recommending a certain option. Section 5 provides an overview table of options available (useful in the case of hurry).

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese RegsbladVol. 29
North-West University (ZA)
Openalex Percentile: Top 5%
Children's Rights and Participation
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