From IJRC News Room <[email protected]>
Subject International Justice Resource Center
Date January 21, 2021 8:31 AM
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IJRC News Room

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IACHR Addresses Childrens Right to Education in the Pandemic

Posted: 20 Jan 2021 10:15 AM PST
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The Inter-American Commission on Human Rights (IACHR) has published a new
practical guide on access to education in the context of COVID-19, the
latest in a string of recent thematic publications and its second practical
guide on the pandemic. [IACHR Press Release] The IACHR Rapid and Integrated
Response Coordination Unit (SACROI) produced the guide in collaboration
with the IACHR special rapporteurships on economic, social, cultural and
environmental rights and on freedom of expression. See IACHR, How to Ensure
Access to the Right to Education for Children and Adolescents during the
COVID-19 Pandemic? (2020). 
Impact on Education
The practical guide summarizes current access to education for children and
adolescents in the Americas, noting that the “great majority” of countries
in the region physically closed schools early in the pandemic and have yet
to fully reopen. See id. at 2. While “many” States have provided online
learning tools or are distributing educational programs through mass media
outlets, pre-existing inequities have made it more difficult for some
families and children to  continue their education. See id. at 3. For
example, food insecurity and access to or familiarity with technology
contribute to ongoing gaps in education. See id. at 2, 4. Nearly 23% of
people in the Americas lack access to the internet, although the rate is
much higher in some individual countries. See id. at 4. In the Caribbean
and Indigenous communities, in particular, inadequate access to electricity
further complicates remote learning. See id. at 5.
Children and adolescents have also been negatively impacted by the
reduction in psychosocial support, nutrition, health education, and other
services they typically receive in schools. For some children and
adolescents living in poverty, school closures have meant they no longer
have access to their one reliable meal for the day. See id. at 6. Some
countries have reported a possible 70% increase in online bullying among
school age children. See id. at 4. 
Separately, many challenges may delay or complicate a return to pre-COVID
learning. Lack of necessary hygiene facilities and supplies are a
significant obstacle to in-person learning, given that 40% of schools in
the region had limited or no access to sanitary services. See id. 
Practical Guidance to States
After reviewing the relevant human rights framework, the guide provides
specific recommendations for respecting children’s rights and ensuring
their access to education during the pandemic. See id. at 7-12. The guide
notes that the Inter-American human rights instruments recognize the rights
to education, recreation, non-discrimination, and special protection for
children, and that the Inter-American Court of Human Rights has emphasized
the importance of the principle of the best interests of the child. See id.
at 7-8. The guide confirms that States retain their obligations to ensure
access to education, regardless of whether non-State actors or companies
are involved in providing educational services. See id. at 8. United
Nations treaties and general comments provide additional legal support and
detail regarding children’s rights to education, recreation, and other
rights. See id. The guide centers the principles of non-discrimination and
best interests of the child in framing its recommendations to States. See
id. at 9.
Encouraging a “holistic” approach and urging States to focus on
“structurally transforming education systems [to be] inclusive and
resilient,” the guide lists 27 specific recommendations for State action.
In addition to eight “general” recommendations, they cover: internet access
and the digital divide; support from families and caregivers; safe
reopening of schools; and food security. They range from the specific
(“facilitate culturally appropriate activities and information and content
in indigenous languages”) to the structural (“[e]nsure that the education
system has sufficient budget”). See id. at 10. 
Perhaps most critically, the guide urges States to adopt and implement
plans and policies to target inequalities in access to education, including
with regard to children living in poverty, Indigenous children, rural
children, and children with disabilities. See id. Subsequent
recommendations detail the necessary investments and programs for closing
the digital divide, improving in-home supports and safety, enabling the
reopening of schools, and meeting students’ nutritional needs. 
Other Resources on Education and COVID-19
A handful of other statements and guides by human rights bodies have
addressed children’s right to education in the pandemic. These include the
IACHR’s April 2020 press release, Resolution 1/2020, and Resolution 4/2020.
The United Nations Secretary-General published a policy brief on education
in the pandemic, and UN Special Rapporteur on education issued a report on
this topic. The African Committee on the Rights and Welfare of the Child
includes recommendation on access to education in its Guiding Note to AU
Member States on Children’s Rights during COVID-19. The UN Committee on the
Rights of the Child issued a statement that identifies key concerns for
children’s rights in the pandemic, including with regard to online
learning. 
Additional Information
Visit our COVID-19 webpage for a list of statements from human rights
bodies related to the pandemic. Visit IJRC’s Online Resource Hub for more
information on the Inter-American human rights system and to view our
thematic guides on children’s rights; the right to education; and on
economic, social, and cultural rights. To stay up-to-date on international
human rights news, visit IJRC’s News Room or subscribe to the IJRC Daily.


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