INCREASING EDUCATION IS THE BEST FINANCIAL INVESTMENT

Increasing education is recognised as one of the best financial investments States can make because it empowers citizens with the necessary tools with which to combat the problems of human survival. 

With an educated population and a commitment to uphold human rights, a government is in a good position to avoid conflict and advance the country’s development.

Education is the primary tool for promoting human rights, equality and non-discrimination. It also promotes peace through increased understanding, tolerance, respect and friendship among different groups and cultures.

Education enables people to participate actively in society and in business to create jobs, expand industry and raise living standards.

 

Enjoying the Right to Education

Education is both a human right in itself and an indispensable means of realising other human rights. Through education, people can:

- learn about the life and work, so as to have more social and economic opportunities and make better choices about how they want to live;

- enjoy learning among friends and fellow students;

- develop their own personality;

- know about their rights and how to claim them;

- know about the rights of others and how to respect them;

- know about their duties to other individuals and their community;

- give their children a better start in life;

- know how to find the information they need;

- keep up to date with what is happening in their community or country;

- participate in decisions that affect them, and

- challenge decisions made by others that make their lives difficult.

International law and the right to education

 The right to education has been recognised since the Universal Declaration of Human Rights (UDHR) in 1948. Article 26 of the Declaration proclaims that: ‘Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory…education shall be directed to the full development of human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among racial or religious groups…’. 

The right to education has been enshrined in a range of international conventions,  including the International Covenant on Economic, Social And Cultural Rights (ICESCR, 1966), The Convention on the Elimination Of All Forms Of Discrimination  Against Women (CEDAW, 1979) and more recently, 

The Convention On The Rights of The Child (CRC, 1989). It has also been incorporated into various regional treaties. Many countries have also made provisions for the right to education in their national constitutions.

While the right to education is universally recognised, the way it is interpreted at the national level differs substantially. This means that although every human being holds the same right regardless of any national law, the ways of securing this right vary greatly from location to location. For example, in some countries the right to education may be legally enforceable through national legislation, while in others it will be important to look to international law and standards.

The Right to Education

The right to education has been universally recognised since the Universal Declaration of Human Rights in 1948 (though referred to by the ILO as early as the 1920s) and has since been enshrined in various international conventions, national constitutions and development plans. 

However, while the vast majority of countries have signed up to, and ratified, international conventions (such as the UN Convention on the Rights of the Child) far fewer have integrated these rights into their national constitutions or provided the legislative and administrative frameworks to ensure that these rights are realised in practice. 

In some cases the right exists along with the assumption that the user should pay for this right, undermining the very concept of a right. In others, the right exists in theory but there is no capacity to implement this right in practice. Inevitably, a lack of government support for the right to education hits the poorest hardest. Today, the right to education is still denied to millions around the world.

As well as being a right in itself, the right to education is also an enabling right. Education ‘creates the “voice” through which rights can be claimed and protected’, and without education people lack the capacity to ‘achieve valuable functionings as part of the living’. If people have access to education they can develop the skills, capacity and confidence to secure other rights. 

Education gives people the ability to access information detailing the range of rights that they hold, and government’s obligations. It supports people to develop the communication skills to demand these rights, the confidence to speak in a variety of forums, and the ability to negotiate with a wide range of government officials and power holders

Unlawful Arrest, Detention and Imprisonment

According to the 1992 Constitution of Ghana, the African Charter on Human and Peoples Rights, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, no one may be subjected to arbitrary arrest, detention or imprisonment.

The United Nations Working Group on Arbitrary Detention describes deprivation of liberty as “arbitrary” in three kinds of cases:

1. Where there is NO LEGAL BASIS FOR DETENTION. This includes those held without charge or trial or despite a judicial order for their release, or those still in prison after the expiry of their sentence.

2. An arrest or detention which is lawful under national standards may nonetheless be arbitrary under international standards, for example if the law under which the person is detained is vague, excessively broad, or is in violation of other fundamental standards such as the right to freedom of expression.

The right of a person not to be unlawfully arrested, detained or restricted is clearly guaranteed and protected by national, regional and international laws.

Article 15 of the 1992 Constitution of Ghana explains that (1) “the dignity of all persons shall be inviolable” and that (2) “No personal shall, whether or not he is arrested, restricted or retained, be subjected to: (a) “torture or other cruel, inhuman or degrading treatment or punishment; (b) “any other condition that detracts or is likely to detract from his dignity and worth as a human being.”

Articled 14 (2) of the 1992 Constitution of Ghana states clearly that “A person who is arrested, restricted or detained shall be informed immediately, in a language that he understands, of the reasons for this arrest, restriction or detentions and OF HIS RIGHTS TO A LAWYER OF HIS CHOICE…”

The following Articles in the African Charter on Human and Peoples Rights (ACHPRs) make adequate provision for the enjoyment of the Right to Dignity, Liberty and Security of Peron:

Article 4

Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Article 5

Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Article 6

Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

There are several articles in the Universal Declaration of Human Rights (UDHR) which protect individuals against arbitrary arrest and detention of which the following are noted:

Article 5 of the Universal Declaration of Human Rights provides that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”,

Article 9 says “No one shall be subjected to arbitrary arrest, detention or exile.”

Article 11 (1) of the Universal Declaration of Human Rights to which Ghana is states, among other things, that “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.”

The International Covenant on Civil and Political Rights (ICCPR) is very clear on the inherent dignity of a person as provided in the following articles:

Article 7; “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment….”

Article 9. 1.; “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.”

2. Says; “Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.”

3. States that; “Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10. 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person

Comment on the Ejisu SHTC and the Initial Action of the Police

In the light of the principles of fundamental human rights and freedoms provided in the 1992 Constitution of Ghana, the African Charter on Human and Peoples Rights, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights as already discussed; and in view of the processes of the rule of law, we commend the Ghana Police in Ashanti Region for the swift action taken to “invite” the Assistant Headmaster of Ejisu Secondary Technical School for questioning over the reported detention of two students in his office under the conditions reported.

Like many other well-meaning Ghanaians, we condemn the reported action of the Assistant Headmaster as an affront to human rights and dignity, and an offence to the Rule of Law.

We pray that the Police in charge of the case will expedite action on the matter.  We also respectfully urge the Police to exercise due diligence in their investigations and ensure that justice is served.

Empowering and Enabling The Marginalised to Combat Poverty

Human Rights At Law Forum believes that it is important and necessary to enable the marginalised to exercise active participation as leaders in combating poverty.

In several communities, people living in poverty are denied the information, freedom of expression and means of active participation in decisions which affect their lives. We are therefore focusing on means of increasing the recognition of participation rights of people living in poverty, as well as their right to information and to defend their human rights.

HRALF is working regularly in partnership with other stakeholders in seeking to create models of good practice for the participation of affected individuals and communities.

Our approach to the Sustainable Development Goals, especially goal one which is to end poverty, will be a broader aim to change the debate on poverty and create a strategic platform in the discussion and the understanding of the causes of poverty.

HRALF will reach out to a wide range of audiences and introduce a new analysis that people especially in rural communities can draw on in their understanding of and their approach to poverty – one that is human rights centred.

Through community action and public engagement, we will aim to create a broad based and visible constituency that both understands the role that human rights abuses play in driving and deepening poverty and advocate for the respect, protection and fulfilment of human rights as part of the solution to poverty.

Chair,

Human Rights At Law Forum

Achieving Equal Access to human rights for those living in poverty

We undertake education and advocacy to have human rights considerations placed at the centre of efforts to eradicate poverty, so that those living in poverty have access to rights.

Many development and poverty eradication efforts do not address human rights violations that underlie poverty and/or are not effective because they fail to incorporate respect of human rights as a means of eradicating poverty.

People living in poverty also continue to face discrimination as well as significant barriers to accessing legal remedies and justice.

Therefore, we are focusing on challenging the barriers faced by the poor to resources, services and justice as well as the failure of poverty eradication efforts to consistently advance human rights.