The universalism of the right to education: scope and limits

Any reflection on man and his relationships in society has a universal dimension, a universal vocation and universalist pretensions. The right to education is a fundamental right enshrined in Article 26 of the 1948 Universal Declaration of Human Rights (UDHR) and Articles 13 and 14 of the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR), as well as in regional and specific human rights conventions. However, although formally enshrined, the right to education is sometimes violated, notwithstanding the contribution of the United Nations and its specialised organisations to ensuring education for all. There is no doubt that the programmatic nature of this right, which is defended by some writers in order to refute its justiciability, constitutes a limit to its universalism. The movement towards justiciability observed in decisions handed down by national, regional and international judicial bodies and quasi-judicial bodies gives reason to hope that the universalism of the right to education is not a pipe dream.