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Growing Support for Treaty to Guarantee Free Education for Every Child

Sixty Countries Now Publicly Support Initiative

Children at a free government pre-primary school, Tashkent, Uzbekistan, November 2022.  © 2022 Bede Sheppard / Human Rights Watch

Discussions are advancing at the United Nations on a new global treaty to guarantee every child’s right to a free education. Last week, countries gathered at the UN in Geneva to explore ways of strengthening international law around access to free pre-primary and secondary education. At least 74 countries from all regions participated, reflecting broad and sustained interest in an initiative led by Sierra Leone and the Dominican Republic.

It is low- and lower-middle-income countries that are taking the lead on the initiative, having already demonstrated their commitment to children’s education by introducing national reforms. In particular, Sierra Leone has enshrined 13 years of free schooling from pre-primary through secondary education in law. Malawi, the newest member of the group of leading states, will introduce free secondary education in 2026.

New treaty provisions are being discussed because, as Sierra Leone’s education minister recently highlighted, while existing international law guarantees children free primary education, the Convention on the Rights of the Child says nothing explicit about early childhood or pre-primary education, nor does it require states to guarantee every child free secondary education. A UNESCO report released last week also highlighted these gaps.

An obvious solution to fill these gaps would be to update the Convention on the Rights of the Child through a new optional protocol. This approach would create legally binding obligations, push governments to reform laws and policies, and ensure real oversight and accountability. Such a protocol would mean millions of children—especially those from low-income families, girls, and children with disabilities—could dramatically improve their opportunities and life outcomes.

Support for the initiative is growing and at the meeting, two more countries announced their support, bringing those publicly backing the process to 60, while many other countries, particularly African, European, and Latin American countries, reaffirmed their commitment to moving the initiative forward. However, there is still resistance, with the United Kingdom and Belgium maintaining their opposition, this time joined by Russia.

More than 400 million children are out of school from pre-primary through secondary often simply because their families cannot afford it. The time is now to take bold action and move forward with updating the Convention on the Rights of the Child, so that every child, everywhere, can claim the education to which they are entitled.

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