What does the Right to Education Mean?

The debate over whether there is a right to education in Nigeria seems to have been settled in the case of LEDAP v. Federal Ministry of Education. In this case, the court ruled that while section 6(6)(c) of the Nigerian Constitution makes section 18, which outlines educational objectives, non-justiciable and unenforceable in court, the passage of laws like the Child Rights Act, the Compulsory, Free Universal Basic Education Act, and the Discrimination Against Persons with Disabilities (Prohibition) Act have changed things. These laws clearly provide for the right to education, at least at the basic level, making it justiciable and enforceable in Nigeria.

It’s also important to note that the African Charter on Human and Peoples’ Rights, which has been domesticated in Nigeria through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and recognized in human rights law, includes provisions for the right to education.

However, what does the right to education really mean? What does it mean to say that a Nigerian child has the right to education? This is a question that often seems overlooked in the push to have education recognized as a human right in Nigeria. It’s a question that deserves attention so that the right to education becomes a reality and not just an illusion.

For some, the right to education simply means access to education. But it’s more than that—it means access to quality education. Quality education means aligning with global best practices while preserving our cultural uniqueness. It involves various factors such as the environment, school personnel (including teachers, administrators, and support staff), the curriculum and assessments, educational facilities, and more. A truly quality education system is one that fulfills the purpose of education under the law.

To clarify, I will refer to the African Charter for the Rights and Welfare of the Child, which I find to be the most comprehensive in describing the purpose of education. The Charter states that education should aim at:

1. 1. 1. promoting and developing the child’s personality, talents, and mental and physical abilities to their fullest potential;
      2.  fostering respect for human rights and fundamental freedoms, with a focus on African instruments on human and peoples’ rights as well as international human rights declarations and conventions;
      3.  preserving and strengthening positive African morals, traditional values, and cultures;
      4. preparing the child for responsible life in a free society, encouraging understanding, tolerance, dialogue, mutual respect, and friendship among all people, regardless of ethnic, tribal, or religious background;
      5. preserving national independence and territorial integrity;
      6. promoting African unity and solidarity;
      7. developing respect for the environment and natural resources;
      8. promoting understanding of primary health care.

These aims can also be found in the Child Rights Convention, International Covenants on Economic, Social, and Cultural Rights, among others.

This is the true purpose of education: promoting unity, helping individuals realize their potential, and addressing societal problems. Only when access to this kind of education is guaranteed can we truly say that we enjoy the right to education.

And Achieving this is a collective effort. The government must promote the highest standards in education through effective legislation and enforcement. It should provide the necessary funding, facilities, and a conducive environment for private investment. The curriculum should be revised to reflect current realities and global best practices.

Teachers and other educational personnel must also play their part by pursuing self-development, delivering quality education, and upholding moral standards. Parents and students must collaborate closely with them. Non-profit organizations and educational technology companies should also innovate and find solutions to the sector’s challenges.

At the heart of everything, there must be a shift in mindset. Education should no longer be seen as merely a path to securing a job and obtaining a certificate. Instead, it should be viewed as a means of promoting harmony, realizing potential, and, most importantly, solving societal problems.