Committee on the Elimination of Discrimination against Women
Eighty- ninth session
Geneva, 7–25 October 2024
Item 6 of the provisional agenda*
Implementation of articles 21 and 22 of the Convention
Reports by specialized agencies on the implementation of the Convention in areas falling within the scope of their activities
Report of the United Nations Educational, Scientific and Cultural Organization **
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Summary |
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In accordance with article 22 of the Convention, the specialized agencies of the United Nations system have been invited to submit to the Committee, at its eighty-ninth session, reports on the implementation of the Convention in areas falling within the scope of their activities. |
I. Introduction
The right to education, which lies at the heart of UNESCO’s mission, is enshrined in international human rights law through numerous legally binding international treaties.
UNESCO’s work on education and gender equality is guided by the UNESCO strategy for gender equality in and through education (2019-2025), which focuses on system-wide transformation to benefit all learners, and targeted interventions to support girls’ and women’s empowerment. The Strategy aims to achieve UNESCO’s vision to enable girls and boys, women and men and all learners, to realize their rights and potential in and through education. The right to education of girls and women is a high priority for UNESCO, with the Organization promoting gender equality in participation in, within and through education. To achieve this, the Organization provides technical support to its Member States to align constitutional, legislative and policy frameworks with international normative instruments and commitments, and supports the development and implementation of gender-transformative strategies that tackle key barriers to girls’ and women’s participation in quality educational opportunities.
The Organization also monitors the status of national constitutions, legislation and regulations related to girls’ and women’s education rights across the world through “HerAtlas” – an interactive online tool that constitutes a valuable resource in compiling this report. UNESCO’s initiative “Her Education, Our Future” – to which HerAtlas contributes – is designed to accelerate action on girls’ and women’s education by leveraging political and financial commitments, and leadership.
From a more general perspective, the “Observatory on the right to education” monitoring tool (currently inaccessible as a technical upgrade is underway), which sheds lights on inequalities in countries by publishing data on implementation of the right to education at national level, has also provided useful documentation for this report.
To monitor and advocate for the right to education without discrimination, UNESCO regularly monitors the implementation of the Convention and Recommendation against Discrimination in Education through periodic consultations, requesting Member States to submit national reports on the measures taken to implement the Convention and Recommendation. To follow up effectively on the information obtained, an analytical report synthesizing the findings of the national reports is then prepared. The latest Consultation on the Convention and Recommendation resulted in the submission of 82 national reports. The information contained in the national reports has served as a source for the preparation of the Global Report ‘From right to country-level action’ and is also used for this report. The 11th Consultation on the Convention was launched in March 2024 and will conclude in 2025.
UNESCO has a major role and responsibility within the United Nations system for the implementation of a number of the provisions contained in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), in particular Article 10, which provides that: “States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education”.
II. Measures taken by countries under review
For the 89th session
Benin
Benin ratified the UNESCO Convention against Discrimination in Education on 09/07/1963.
The Constitution of Benin does not enshrine the right to education, but does guarantee the education of children. The Constitution refers to the principle of equality before the law, regardless of gender. The Children´s Code provides that the right to education without discrimination is guaranteed, but this applies only to children.
While the Law of 2012 on the prevention and punishment of violence against women stipulates that schooling is compulsory until the age of 16 years, the Constitution and the Law on national education policy only guarantee six years of compulsory primary education (starting at 4.5 years). The Constitution and the Law on national education policy only guarantee the gradual introduction of the free provision of primary education. Additionally, the Children’s Code guarantees two years of free pre-primary education, but no provision concerning the compulsory nature of this level of education has been identified.
The Children´s Code prohibits the marriage of persons under 18 years of age, except for exemptions granted under the Family Code, without a minimum age requirement being defined.
The Children´s Code contains a provision concerning the continuation of education for pregnant girls and young mothers, but puts the obligation of continuing young mothers’ education on the male responsible for the pregnancy. Additionally, several laws prohibit violence against women in schools. The Law on the Children´s Code prohibits corporal punishment in schools.
The minimum age of employment is 14 years. As mentioned above, the laws are not harmonized regarding the end of compulsory education, as there is no alignment between the different ages.
According to UIS’ latest data, in 2022 the gross enrolment rate in primary education stood at 113% globally, and at 109% for girls, and 117% for boys, while the gross enrollment rate in secondary education stood at 45% globally, with 42% for girls and 49% for boys.
According to UIS’ latest data, expenditure on education by Benin represented 3.38% of GDP in 2022 and 19.04% of governmental expenditure in 2023.
Benin did not submit a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
Canada
Canada has not ratified the UNESCO Convention against Discrimination in Education and should be encouraged to do so.
Canada has no written constitution in a single document, but a number of Constitution Acts. The Canadian Charter of Rights and Freedoms does not enshrine the right to education, but does contain provisions on the right to minority language education. There is a provision on equality and non-discrimination, with sex as a prohibited ground. While almost all provinces enshrine the right to education, in most of them it is limited to children of school age, or for some levels of education only. There is a principle of non-discrimination on the basis of sex in every province, however this is not always explicitly related to the right to education.
All provinces guarantee at least 9 years of compulsory education. While most provinces legally and explicitly guarantee at least twelve years of free primary and secondary education; that tuition fees cannot be charged. While in some provinces pre-primary education is compulsory and free, in others pre-primary is only free and in some it is neither free nor mandatory.
At the federal level, the minimum age of marriage is set at 16 years. Provinces set the age of majority at 18 or 19, therefore minors can marry from the age of 16 years with parental and/or judicial consent.
Some provinces enshrine an explicit principle of non-discrimination on the basis of pregnancy applicable to the right to education. Corporal punishment is not generally prohibited but some provinces explicitly prohibit its use within educational institutions. Some provinces also prohibit the use of all forms of violence.
At the federal level, the legislation only regulates businesses and industries related to air, rail, marine, transportation, telecommunications, banks and works declared by Parliament, which are sectors that do not employ children under the age of 16 years. All provinces prohibit the employment of compulsory school-aged children during school hours.
According to UIS’ latest data, in 2022 the gross enrolment rate in primary education stood at 96% globally, and at 96% for girls, and 96% for boys, while the gross enrolment rate in secondary education was 109% globally, and at 108% for girls and 109% for boys.
According to UIS latest data, expenditure on education by Canada represented 4.14 % of GDP and 11.05 % of total governmental expenditure in 2022.
Canada did not submit a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
Chile
Chile ratified the UNESCO Convention against Discrimination in Education on 26/10/1971.
The legal framework of Chile protects the right to education for all and contains a provision on equality between men and women.
Chilean law explicitly guarantees compulsory and free primary and secondary education for a duration of 12 years. Additionally, the Constitution guarantees at least one year of free and compulsory pre-primary education, but the General Law on Education is contradictory as it specifies that pre-school education is not mandatory and that part of pre-primary education will be free, without giving a concrete timeline.
The legislation on marriage sets the minimum age of marriage at 18, without exception.
The legal framework prohibits restrictions on the right to education of pregnant and parenting girls. The Chilean legal framework protects learners from corporal punishment and all types of violence, including physical, psychological and sexual violence.
According to the Labour Code, the minimum age of employment is 18 years, which is aligned with the end of compulsory education.
According to UIS’ latest data, in 2022 the gross enrolment rate in primary education stood at 100% globally, and at 99% for girls and 102% for boys, while the gross enrollment rate in secondary education was 106% globally, with 105% for girls and 107% for boys.
According to UIS latest data, expenditure on education by Chile represented 5.00% of GDP and 14.88% of total governmental expenditure in 2021.
Chile did not submit a national report on the measures taken to implement the Convention against Discrimination in Education for the most recent 10th Consultation (2020-2021). The country should be strongly recommended to participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
Cuba
Cuba ratified the UNESCO Convention against Discrimination in Education on 02/11/1962.
The Constitution of Cuba enshrines the right to education without discrimination on the grounds of sex and gender and contains a provision on equality of rights. The Law of 1961 mentions the right to education for all citizens without distinction or privileges, but this is part of the preamble of the Law, which does not have binding force. According to the 2019 Constitution, the State is preparing a new General Education Law (transitory disposition n° 13 of the Constitution).
Education is compulsory at the primary level for a duration of 6 years up until the age of 12 years. Education is free in all public schools at primary and secondary levels, excluding the Pre-University Baccalaureate studies, for a duration of 12 years. Pre-primary education is free in public schools and, while it forms part of primary education, it is not explicitly a compulsory stage.
The legal capacity to formalize a marriage is established at the age of 18. The new Family Code adopted on 17t August 2022 sets up as an absolute prohibition all marriages formalized between people under 18 years. Hence there is no exception made available to formalize any marriage below the age of 18.
While the Constitution of 2019 prohibits all violence against children, this does not explicitly apply to the educational environment. In both Resolutions No.165 of 2006 and 357 (2015) of the Ministry of Education, corporal punishment does not appear in the list of disciplinary measures, but it is not explicitly prohibited.
The end of compulsory education (12 years of age) is not aligned with the minimum age of employment, which is 17 years.
According to UIS’ latest data, in 2023 the gross enrolment rate in primary education stood at 98% globally, and at 98% for girls, and 99% for boys, while the gross enrolment rate in secondary education was 95% globally, with 96% for girls and 95% for boys.
According to UIS’ latest data, expenditure on education by Cuba represented 9.39% of GDP in 2021 and 16.96 % of total government expenditure in 2022.
Cuba did submit a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
Japan
Japan has not ratified the UNESCO Convention Against Discrimination in Education and it is recommended that it do so.
The Constitution of Japan enshrines the right to education. It also contains a principle of equality of all people under the law and a provision on non-discrimination on the grounds of sex. The Basic Act on Education does not enshrine the right to education but does hold that there must be no discrimination in education on the basis of sex. The Child Act enshrines the right to education, but only for children.
The national legal framework guarantees 9 years of compulsory primary and lower secondary education, and 9 years of education without tuition fees, but does not fully guarantee free education. The Child/Child Care Support Act provides for free preschool education, but no provision regarding compulsory education has been identified.
According to the Civil Code, the legal age of marriage for both males and females is 18, without exceptions.
Corporal punishment is prohibited under the School Education Law. The Law also protects pupils from bullying as an act that exerts psychological violence, and from child abuse – including physical violence. The Law also protects children and students from sexual violence in schools and by educational staff.
In Japan, the minimum age of employment is 15 years old, which is aligned with the end of compulsory education.
According to the latest UIS data, in 2022 the gross enrolment rate in primary education stood at 102% globally, with 102% for girls and 102% for boys, while the gross enrolment rate for secondary education was 102% globally, with 102% for girls and 102% for boys.
According to UIS’ latest data, expenditure on education of Japan represented 3.24 % of GDP and 7.52 % of total governmental expenditure in 2022.
Japan submitted a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
In its national report for the 10th Consultation, Japan reported that it is promoting the development of a life planning education programme and a teacher training programme to raise awareness on gender equality in primary and secondary education so that young people who will lead the next generation will make career choices that are not limited by gender norms and stereotypes. In addition, with a view of promoting the participation in society of women of various ages, Japan reported working with relevant institutions to develop and disseminate learning programme models aimed at comprehensively supporting women’s careers in diverse fields, including through awareness raising and consultations.
Lao People’s Democratic Republic
Lao People’s Democratic Republic has not ratified the UNESCO Convention against Discrimination in Education; it is recommended that it do so.
The Constitution guarantees the right to education of Lao citizens only, not to all within the territory. It also only provides that all citizens alone are equal before the law irrespective of gender. The Law on Education enshrines the right to education for all, without discrimination based on gender.
According to the Law on Education, 9 years of primary and lower secondary education are free and compulsory. No provision enshrining free or compulsory pre-primary education has been identified in the national legal framework.
Under family law, the minimum legal age for marriage is 18 years for both boys and girls, but marriage is possible from the age of 15 “in special and necessary cases” and with consent from both parties.
It has been reported that, since the amendment to the Law on the Protection of the Rights and Interest of Children in 2023, corporal punishment is unlawful in all schools. UNESCO has not been able to access these documents.
The minimum age of employment is 14 years, which is below the age required by the Minimum Age Convention (15 years old).
According to the latest UIS data, in 2023 the gross enrolment rate in primary education stood at 97% globally, and at 96% for girls and 98% for boys, while the gross enrolment rate for secondary education was 55% globally, with 53% for girls and 56% for boys.
According to UIS’ latest data, expenditure on education by Lao People’s Democratic Republic represented 1.23 % of GDP and 9.80% of total governmental expenditure in 2023.
Lao People’s Democratic Republic submitted a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
In its national report for the 10th Consultation, Lao People’s Democratic Republic reported having implemented the Eighth Five-Year Strategy on Gender Equality and Mothers and Children in the Education and Sports Sector, the Ten-Year (2016-2025) Strategy on Gender Equality and Mothers and Children in the Education and Sport Sector, and the Third Five-Year Operational Plan for the Strategy for Gender Equality and Mothers and Children in the Education and Sports Sector.
New Zealand
New Zealand ratified the UNESCO Convention against Discrimination in Education on 12/02/1963.
The right to education is not explicitly provided for in the constitutional instruments of New Zealand, but they contain a non-discrimination clause on the ground of sex. The Education Act contains a provision on the right to primary and secondary education only, therefore not covering the right to education comprehensively. The Human Rights Act explicitly prohibits discrimination based on sex in education.
The Education Act guarantees 14 years of free primary and secondary education, including 10 years of compulsory education. No provision on free and/or compulsory pre-primary education has been identified in the national legal framework.
According to the Marriage Act, the minimum age for marriage in New Zealand is 18 years old, but people aged 16 and 17 can marry with the consent of a Family Court Judge.
The Human Rights Act explicitly prohibits restrictions to the access to education of pregnant and parenting girls. The legal framework protects against all forms of violence in education, but does not explicitly mention gender-based violence.
New Zealand does not have a minimum age of employment but the Education Act of 2020 prohibits the employment of school-aged people, under the age of 16, during school hours.
According to the latest UIS data, in 2022 the gross enrolment rate in primary education stood at 97% globally, and at 97% for girls and 96% for boys, while the gross enrolment rate for secondary education was 115% globally, with 118% for girls and 112 for boys%.
According to UIS’ latest data, expenditure on education by New Zealand represented 5.23 % of GDP and 13.14 % of total governmental expenditure in 2022.
New Zealand did submit a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
In June 2020, the New Zealand Government announced it will provide access to free sanitary products in all state schools and kura (language immersion schools). This is intended to reduce barriers to education, promote positive gender norms, improve attendance and engagement, and mitigate the impacts of socioeconomic disadvantage.
Saudi Arabia
Saudi Arabia ratified the UNESCO Convention against Discrimination in Education on 17/08/1973.
The Constitution of Saudi Arabia does not enshrine the right to education, but legislation does enshrine the right to education for children. Neither the Constitution nor the legislation enshrines a principle of non-discrimination based on sex or gender.
The Executive Regulations of the Child Protection Act of Saudi Arabia require authorities to make basic education free and compulsory, but do not specify the duration of basic education or the age at which it begins. However, Saudi Arabia has also reported that Prime Ministerial Order no. 22646 of 21 June 2004 and Royal Decree no. 22646/R of 22 June 2004, made education free and compulsory for all boys and girls between the ages of six and 15, which would correspond to primary and lower secondary education according to the ISCED classification criteria. UNESCO has not been able to access these documents. No legal provision has been identified that explicitly guarantees compulsory or free pre-primary education.
It has been reported that, in 2022, a new Personal Status Law was passed, prohibiting the marriage of a person under the age of 18. However, the court may authorize the marriage of a man and a woman under this age in certain circumstances, and without setting an absolute minimum age for marriage. UNESCO has not been able to access this Law.
The Child Protection Act of 2015 aims at protecting children from abuse, neglect and maltreatment in their surrounding environment including schools, which includes physical, psychological and sexual violence. However, no legal provision has been identified that explicitly prohibits corporal punishment.
According to the Child Protection Act and Labour Act, the minimum age of employment in Saudi Arabia is 15 years.
According to the latest UIS data, in 2022 the gross enrolment rate in primary education stood at 103% globally, with 102% for girls and 104% for boys, while the gross enrolment rate for secondary education was 120% globally, 120% for girls and 120% for boys.
According to UIS’ latest data, expenditure on education by Saudi Arabia represented 5.11 % of GDP in 2023. No recent UIS data is available on Saudi Arabia’s expenditure on education as a percentage of total governmental expenditure.
Saudi Arabia submitted a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
In its report to the 10th Consultation on the Convention against Discrimination in Education, Saudi Arabia mentioned efforts to expand technical and vocational education opportunities for women, training programme specifically for female teachers, and initiatives such as the Learning Neighbourhood program, which aims at empowering women to improve their cultural, hygienic, social and economic status, and at equipping them with skills that qualify them for the job market. Additionally, measures to enhance safety and security in schools were highlighted, including the construction of university campuses for women.
For the Pre-sessional working group (PSWG) for the 91st session
Botswana
Botswana has not ratified the UNESCO Convention against Discrimination in Education; it recommended that it do so.
The Constitution of Botswana does not enshrine the right to education. However, a Constitution (Amendment) Bill published on 12 March 2024 suggests enshrining the right to education for all, which would be a huge step forward if adopted. The Children’s Act guarantees the right to education to children only. Both the Constitution and the Children’s Act contain a non-discrimination provision based on sex.
Free basic education is guaranteed by the Children’s Act, but the Education Act is contradictory and states that fees can be charged in all schools. No legal provision has been identified that guarantees compulsory education of any duration, or one or more years of free or compulsory pre-primary education.
According to the Marriage Act, the minimum age of marriage is 21 years, or 18 years with parental consent.
Corporal punishment is legal in Botswana and regulated through a number of provisions. No legal provision has been identified which protects against violence in educational institutions.
According to the Employment Act, the minimum age of employment is 15 years.
According to the latest UIS data, the gross enrolment rate in primary education stood at 97% globally, with 97% for girls and 97% for boys in 2022, while the gross enrolment rate for secondary education in 2021 was 70% globally, 74% for girls and 66% for boys.
According to UIS’ latest data, expenditure on education by Botswana represented 8.06 % of GDP and 21.47% of total governmental expenditure in 2020.
Botswana submitted a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
Cabo Verde
Cabo Verde ratified the UNESCO Convention against Discrimination in Education on 05/10/2022.
The Constitution enshrines the right to education for all and contains a provision on equality and non-discrimination with sex as a prohibited ground. The Framework Law on Education enshrines the right and duty of education for every citizen and provides that the education system is for all individuals regardless of sex.
The Framework Law on Education guarantees compulsory education at the primary and lower secondary level, for a duration of 10 years, from the age of six. It also guarantees 8 years of free basic education, which corresponds to primary and lower secondary education. However, upper secondary education is progressively free. No provisions guaranteeing free or compulsory pre-primary education have been identified.
According to the Civil Code, the minimum age of marriage is 18 years old, but minors over 16 years old can marry at the age of 16 years with parental consent.
The legislation explicitly guarantees the right to education of pregnant and parenting girls. Corporal punishment is prohibited in educational establishments under the Civil Code. Even if there is no clear mention of protection against gender-based violence in educational institutions, the Law No. 8/2015 sets clear gender equality standards for curriculum, pedagogical instruments and educational practices.
The Constitution prohibits employment of children of compulsory school age, with the minimum age of employment being 15 years; this is aligned with the end of compulsory education.
According to the latest UIS data, in 2021 the gross enrolment rate in primary education stood at 96% globally, with 94% for girls and 99% for boys, while the gross enrolment rate for secondary education was 86% globally: 91% for girls and 82% for boys.
According to UIS’ latest data, expenditure on education by Botswana represented 4.67 % of GDP in 2022 and 13.41 % of total governmental expenditure in 2024.
Botswana did not submit a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
Czechia
Czechia ratified the UNESCO Convention against Discrimination in Education on 26/03/1993.
The legal framework enshrines the right to education for all within the territory, without discrimination based on sex or gender.
The law explicitly guarantees compulsory and free primary and secondary education for a duration of 12 years. Additionally, Czechia has introduced one year of compulsory pre-primary education, although no legal provision has been identified which stipulates that this level of education is free.
The Civil Code sets the minimum age of marriage at 18 years, but marriage is permissible from the age of sixteen with judicial authorization.
The Education Act states that the head teacher shall be obliged to interrupt the education of a female pupil if she is pregnant or on maternity leave, provided that the education is vocational training and is organized at workplaces prohibited for pregnant women or work carried out is prohibited for pregnant women and mothers until the ninth month after giving birth, or, if on the basis of a medical assessment, school lessons endanger the pregnancy of the female pupil concerned. No legal provision has been identified that explicitly protects against corporal punishment in educational institutions. Head teachers have an obligation to issue School Rules of Order and Internal Rules of Order which protect against some violence.
The minimum age of employment is 15 years, with an added stipulation that work cannot start before the individual completes compulsory school attendance.
According to UIS’ latest data, in 2022 the gross enrolment rate in primary education stood at 101% globally, with 101% for girls and 101% for boys, while the gross enrollment rate in secondary education was 103% globally, and 104% for girls and 102% for boys.
According to UIS’ latest data, expenditure on education by Czechia represented 4.80 % of GDP and 10.88 % of total governmental expenditure in 2021.
Czechia did submit a national report on the measures taken to implement the Convention against Discrimination in Education for the most recent 10th Consultation (2020-2021). The country should be strongly recommended to participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
El Salvador
El Salvador has not ratified the UNESCO Convention against Discrimination in Education and is encouraged to do so.
The Constitution of El Salvador enshrines the right to education and contains a general provision on equality before the law. The laws guarantee the right to education for all, with gender discrimination being prohibited in education.
The Education Law explicitly guarantees compulsory primary and secondary education for a duration of 9 years. It also guarantees nine years of free primary school and two or three years of secondary schooling depending on the educational modality. Additionally, El Salvador guarantees three years of free and compulsory pre-primary education.
The Family Code sets the minimum age of marriage at 18 years without exception.
The Education Law prohibits restrictions to the right to education of pregnant, breastfeeding girls and young mothers, who have the right to receive non-discriminatory treatment. The Law for the protection of early childhood, childhood and adolescence also protects the right to education of pregnant girls. The Education Law protects against corporal punishment and all other forms of violence, including psychological, physical and sexual violence, in educational institutions. All forms of school harassment and bullying are prohibited, and the Law on Equality, Equity and the Eradication of Discrimination against Women requires the prevention of violence against women in educational activities.
The minimum age of employment is 14 years, which is not aligned with the end of compulsory education.
According to UIS’ latest data, in 2023 the gross enrolment rate in primary education stood at 91% globally, with 91% for girls and 91% for boys, while the gross enrolment rate in secondary education was 66 % globally, with 69% for girls and 63% for boys.
According to UIS’ latest data, expenditure on education by El Salvador represented 3.17 % of GDP in 2023 and 11.96 % of total governmental expenditure in 2021.
El Salvador did not submit a national report on the measures taken to implement the Recommendation against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
Equatorial Guinea
Equatorial Guinea has not ratified the UNESCO Convention against Discrimination in Education and should be encouraged to do so.
The Constitution of Equatorial Guinea does not fully enshrine the right to education as it is limited to primary education. It contains a provision on non-discrimination based on sex. The Law on Education guarantees the right to education and enshrines a principle of equal opportunities.
The Law on Education of Equatorial Guinea guarantees compulsory and free pre-primary education, from one to six years-old, and 6 years of primary education.
Under the Civil Code, the minimum legal age of marriage is 18 years, but judicial exceptions permit marriage from 14 years old.
Ministerial order No. 1 of 18 July 2017 strictly prohibits access to classrooms for pregnant students as reported by the Working Group at the 2019 UPR. UNESCO has been unable to identify an order repealing this ministerial order. No provision related to violence in schools or prohibiting corporal punishment has been identified.
The end of compulsory education (at 12) is not aligned with the minimum age of employment, which is set at 18 years old.
According to UIS’ latest data, in 2019 the gross enrolment rate in primary education stood at 51% globally, with 50% for girls and 52% for boys. There is no recent data regarding enrolment at secondary level.
There is no recent data on expenditure on education.
Equatorial Guinea submitted a national report on the measures taken to implement the Recommendation against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
Lesotho
Lesotho has not ratified the UNESCO Convention against Discrimination in Education and should be encouraged to do so.
The Constitution of Lesotho does not enshrine the right to education. It contains a provision on non-discrimination and an equality principle without distinction based on sex. In the law, no provision has been identified that enshrines the right to education in Lesotho. There is an obligation for those who work in the education sector to ensure that learners are not discriminated against.
The Education Act makes primary school compulsory from the age of six years, for a duration of seven years. It “seeks to make provision for free and compulsory education at primary level”. No legal provision has been identified which guarantees either free or compulsory pre-primary education.
The minimum age of marriage is 18 years for a boy and 16 years for a girl, however children below this age can contract a valid marriage with the written permission of the Minister.
The Children’s Protection and Welfare Act states that “No child shall be expelled or denied the right to education by any educational institute on account of pregnancy, initiation or other cultural rituals”. Although the Education Act protects against cruel, inhuman and degrading punishment that could cover some forms of violence, it does not explicitly prohibit corporal punishment; furthermore, the Children’s Protection and Welfare Act allows for chastisement under Article 16 (2).
The end of compulsory education is not aligned with the minimum age of employment, set at 15 years old.
According to UIS’ latest data, in 2023 the gross enrolment rate in primary education stood at 86% globally, at 84% for girls and at 88% for boys. There is no recent data regarding the gross enrolment rate at secondary level.
According to UIS’ latest data, expenditure on education by Lesotho represented 6.69 % of GDP in 2023 and 10.37 % of total governmental expenditure in 2024.
Lesotho did not submit a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
Libya
Libya ratified the UNESCO Convention against Discrimination in Education on 09/01/1973.
The interim Transitional National Council promulgated a Constitutional Declaration that entered into force on 03/08/2011, “to be the basis of rule in the transitional stage until a permanent Constitution is ratified in a plebiscite”. The Constitutional Declaration guarantees the right to education for every citizen. It contains an equality provision but does not explicitly identify sex or gender as prohibited grounds for discrimination. The Child Protection Act of 1997 guarantees the right to basic education of children.
The Compulsory Education Act of 1975 guarantees nine years of compulsory primary and secondary (intermediate) education starting from the age of six, however article 5 of the same Act states that the application of the compulsory provision might be postponed or altered. No provision has been identified that explicitly guarantees free primary and secondary education. No legal provision has been identified that guarantees free or compulsory pre-primary education.
The minimum age of marriage for both sexes is 20 years, but judicial exceptions permit marriage below that age with the consent of the guardian, and the absolute or minimum age is not specified.
No legal provision has been identified that explicitly prohibits corporal punishment or other kinds of violence in educational institutions.
The end of compulsory education is aligned with the minimum age of employment.
There is no recent data regarding enrolment at primary and secondary level.
There is no recent data on expenditure on education.
Libya did not submit a national report on the measures taken to implement the Convention against Discrimination in Education to the most recent 10th Consultation (2020-2021). It is strongly recommended that the country participate in the current 11th Consultation on the Convention against Discrimination in Education (2024-2025).
Malta
Malta ratified the UNESCO Convention against Discrimination in Education on 05/01/1966.
The Constitution of Malta does not enshrine the right to education, but the Education Act enshrines the right to education of every person of compulsory school age, without discrimination based on sex or gender identity.
Primary and secondary education are compulsory in Malta between the age of 5 and 15, both inclusive, for a duration of eleven years. The legal framework guarantees free primary and secondary education in public educational establishments for at least 12 years. Pre-primary education is not mandatory and no legal provision has been identified that guarantees at least one year of free or compulsory pre-primary education.
Under the Marriage Act of 1995, the minimum legal age of marriage in Malta is 18 years. However, it is possible for individuals to marry at 16 years with parental consent.
The Equality for Men and Women Act prohibits discrimination based on sex in educational institutions and in terms of access to the latter, specifying that treating a woman less favourably for reasons of actual or potential childbirth is against the law. The Education Act addresses good behaviour and positive discipline in schools, but makes no provision for corporal punishment.
The Young Persons Title and Scope (Employment) Regulations of 2004 aligns the minimum age of employment with the end of compulsory education.
According to UIS’ latest data, in 2022 the gross enrolment rate in primary education stood at 94% globally, at 94% for girls and at 94% for boys, while the gross enrolment rate in secondary education was 103 % globally, 103% for girls and 103% for boys.
According to UIS’ latest data, expenditure on education by Malta represented 5.36 % of GDP and 12.66 % of total governmental expenditure in 2021.
Malta submitted a national report on the measures taken to implement the Convention against Discrimination in Education to the 10th Consultation (2020-2021) and the current 11th Consultation (2024).
In its report submitted to the 10th Consultation, Malta stated that: “The career guidance services under the remit of National School Support Services within the Ministry for Education and Employment (MEDE) holds mainstream initiatives where students are involved to challenge stereotypes in relation to careers within various sectors, such as: promoting engineering and ICT with females and health and social care careers among males. The latter initiatives help to indirectly address the phenomenon of gender pay gap. The National School Support Services within MEDE collaborates with the Business Professional Women (BPW) to hold an annual event promoting women’s emancipation (approximately towards 8 March on Women's Day) among Year 10 and Year 11 students. Boys are also invited for this event. Servizz Ghozza provides a support service and an educational programme to unmarried pregnant minors with the intention of leading them to adopt a positive attitude towards motherhood while empowering them to pursue their career paths.”