By Dr. Kariuki Muigua, PhD (Leading Environmental Law Scholar, Policy Advisor, Natural Resources Lawyer and Dispute Resolution Expert from Kenya), Winner of Kenya’s ADR Practitioner of the Year 2021, ADR Publisher of the Year 2021 and CIArb (Kenya) Lifetime Achievement Award 2021*
The achievement of the right to inclusive and quality education plays an important role in the achievement of many other rights and freedoms which all jointly are imperative for the empowerment of individuals and communities in general. In enhancing the realization of the right to inclusive and quality education for all, the equality and equity in provision of education services is key. Considering the need to address non-discrimination in education, and the fact that the State has the primary responsibility in ensuring the right to education, the UNESCO Committee on Economic, Social and Cultural Rights recommended that the State party should take all the measures necessary to strengthen its public education sector. The State party should increase the budget allocated to primary education and take all the measures necessary to improve access to and the quality of primary education for all without hidden costs, particularly for children living in informal settlements and arid and semi-arid areas.
The UNESCO Committee also recommended that the State party bring the Registration Guidelines for Alternative Provision of Basic Education and Training in line with articles 13 and 14 of the Covenant and other relevant international standards; that it ensures that all schools, public, private, formal or non-formal, are registered; and that it monitors their compliance with the Guidelines. While noting the measures taken to assist children who have left school to continue to study, the Committee on Economic, Social, and Cultural Rights reiterates its concern at the large number of children dropping out of school, particularly girls due to early marriage and pregnancy. It went further to recommend that the State party take the measures necessary to address the underlying reasons why children drop out of school, to intensify its efforts to prevent students from doing so, and to bring those children back to school to complete their education.
It has been noted that in Kenya, it is estimated that 2.2% (0.9 million people) live with some form of disability (Kenya Population and Housing Census, 2019). PWDs are among the most vulnerable populations in Kenya. They are more likely to suffer opportunistic infections, lack employment, lack adequate livelihood opportunities, live in precarious conditions, and normally are dependent on their families and community for their living. Even in school, children with disabilities may fail to attend school because of unsuitable school buildings. Besides, the limited understanding within their communities and among teachers about their learning needs affect the quality of education they receive, an outcome often fuelled by prejudices around disability.
There is a need for the Government of Kenya to not only invest in but also to ensure that education is available to all regardless of their social status in society and devoid of any form of discrimination as envisaged under Article 27 of the Constitution of Kenya which guarantees that every person is equal before the law and has the right to equal protection and equal benefit of the law, which equality includes the full and equal enjoyment of all rights and fundamental freedoms. Those with special needs should also have their needs in education taken care of. Non-formal education holds opportunities for ensuring equality and equity in providing education to the different types of students and groups of people in the country. For instance, it has been argued that non-formal education can ensure that out-of-school children can access opportunities.
In some cases, non-formal education programs can bridge children back into the formal education system. For young mothers or girls who have been married early, non-formal education can address their unique needs. Access to education for all is guaranteed under the law. It being a right as enshrined in the Constitution, everyone is entitled to go to school regardless of gender. There is no gender discrimination and, the same Constitution of Kenya, 2010 under Article 27 provides for equality and freedom from discrimination. It has been observed especially that early childhood care and pre-primary education are vital components of a quality education that are of critical value for the early socialization of gender equality. Quality education must be gender-sensitive at a minimum and aim to be gender transformative by transforming harmful gender stereotypes, norms, and biases in schools and society more broadly.
*This article is an extract from the Article: “Towards Inclusive and Quality Education as a Tool for Empowerment in Kenya,” (2021) Journal of Conflict Management and Sustainable Development Volume 6(1), p. 83 by Dr. Kariuki Muigua, PhD, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Publisher of the Year 2021 and ADR Lifetime Achievement Award 2021 (CIArb Kenya). Dr. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Dr. Kariuki Muigua is a Senior Lecturer of Environmental Law and Dispute resolution at the University of Nairobi School of Law and The Center for Advanced Studies in Environmental Law and Policy (CASELAP). He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Dr. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Africa Trustee of the Chartered Institute of Arbitrators and the Managing Partner of Kariuki Muigua & Co. Advocates. Dr. Muigua is recognized among the top 5 leading lawyers and dispute resolution experts in Kenya by the Chambers Global Guide 2022.
References
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Plan International, ‘The Right to Inclusive, Quality Education’ (Plan International) https://plan-international.org/education/right-inclusive-quality-education (accessed 7 December 2020).
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