I.Introduction

1.The United Nations Educational, Scientific and Cultural Organization (UNESCO), as the lead United Nations agency in education, has been entrusted to lead the implementation of Sustainable Development Goal 4 (Quality education) by supporting Member States to strengthen their education systems and by responding to contemporary global challenges through education, with gender equality as an underlying goal and principle.

2.The right to education is enshrined in international human rights law through numerous legally binding international treaties, and it lies at the heart of the mission of UNESCO. The work of UNESCO on education and gender equality is guided by the strategy for gender equality in and through education 2019–2025. The strategy focuses on system-wide transformation to benefit all learners and on targeted interventions to support the empowerment of girls and women. It aims to achieve the Organization’s vision to enable all learners – girls, boys, women and men – to realize their rights and potential in and through education. The right of girls and women to education is a high priority for UNESCO, which promotes gender equality in terms of participation in education, as well as gender equality within and through education. To that end, the Organization provides technical support to Member States to specifically 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 the full participation of girls and women in quality educational opportunities.

3.UNESCO also monitors the status of national constitutions, legislation and regulations related the education rights of girls and women around the world through the Interactive Atlas of Girls’ and Women’s Right to Education (Her Atlas), an online tool that constituted a valuable resource in compiling the present report. The UNESCO initiative “Her education, our future” – to which Her Atlas contributes – is designed to accelerate action on the education of girls and women by leveraging political and financial commitments and leadership. From a more general perspective, the UNESCO Observatory on the Right to Education (currently inaccessible, as a technical upgrade is under way), a monitoring tool that sheds lights on inequalities in countries by publishing data on the implementation of the right to education at the national level, has also provided useful documentation for the preparation of the present report.

4.To ensure, monitor and advocate respect 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 Tenth Consultation of Member States on the Implementation of the Convention and Recommendation, launched in 2020, resulted in the collection of 82 national reports. The national reports served as source material for UNESCO in preparing the global report entitled From Rights to Country-level Action.

5.UNESCO has a major role and responsibility in the United Nations system with regard to the implementation of a number of the provisions contained in the Convention on the Elimination of All Forms of Discrimination against Women, 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

A.Eighty-fourth session

Bahrain

6.Bahrain has not ratified the Convention against Discrimination in Education. The country should be encouraged to ratify it.

7.Bahrain submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the Tenth Consultation (2020‑2021).

8.The Constitution of Bahrain guarantees educational services to its citizens and provides that it is compulsory and free in the early stages. It contains a principle of equality before the law and a non-discrimination principle on the basis of sex.

9.The Education Law of 2005 enshrines the right to education. It guarantees nine years of compulsory basic education from age 6, and 12 years of free basic and secondary education in public schools.

10.The minimum age of marriage for girls is 16, but judicial exceptions permit marriage under that age. The absolute minimum age for girls is not specified, nor does the law specify any minimum age of marriage for boys.

11.Teachers are not authorized to use corporal punishment, as indicated in a national resolution adopted in 2012. Furthermore, psychological, physical and sexual violence are prohibited in Decision No. (99/ADN/2017) issuing student discipline regulations for all academic levels in public and private schools.

12.The minimum age of employment is 15, which is aligned with the end of compulsory education.

13.According to the UNESCO Institute for Statistics, the effective transition rate from primary to lower-secondary general education in 2018 was 99.2 per cent for girls, 99.5 per cent for boys and 99.4 per cent overall.

14.In 2020, the expenditure on education was 2.2 per cent of gross domestic product (GDP) and 9.4 per cent of total government expenditure, according to the Institute.

Costa Rica

15.Costa Rica ratified the Convention against Discrimination in Education in 1963.

16.Costa Rica did not submit a national report on the measures taken to implement the Convention against Discrimination in Education for the Tenth Consultation. The country should be recommended to participate more systematically in the monitoring consultation conducted by UNESCO.

17.The Constitution of Costa Rica does not enshrine the right to education. It does guarantee compulsory basic general and diversified education, which, according to a national regulation, lasts at least 10 years. The Constitution contains a principle of equality and non-discrimination, but the principle does not specify non-discrimination on the basis of sex or gender.

18.The Fundamental Education Act enshrines the right to education for every inhabitant of the country, and discriminatory practices, including based on gender, are prohibited in education centres. Basic education is free for at least 10 years according to the legislation, but no legal provision has been identified that indicates the exact duration of basic education. Preschool is compulsory and free for a duration of two years.

19.The minimum age of marriage is 18 for both sexes with no exceptions.

20.Legislation in Costa Rica prohibits all corporal punishment and humiliating treatment in education and care centres, and sexual harassment is prohibited in educational environments. The legislation explicitly protects the right to education of pregnant and parenting girls.

21.The minimum age of employment is 15, but it is not possible to verify its alignment with the end of compulsory education, as no legal provision has been identified that provides the age at which compulsory education ends.

22.According to the UNESCO Institute for Statistics, the effective transition rate from primary to lower-secondary general education in 2019 was 77.7 for girls, 78.6 for boys and 78.2 overall.

23.In 2020, the expenditure on education was 6.7 per cent of GDP and 21.5 per cent of total government expenditure, according to the Institute.

Georgia

24.Georgia ratified the Convention against Discrimination in Education in 1992.

25.Georgia submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the Tenth Consultation.

26.The Constitution of Georgia enshrines the right to education for all (article 27 (1)) and contains a principle on non-discrimination on the basis of sex and a principle of equality between men and women (article 11).

27.The Law of Georgia on General Education of 2005, with amendments through 2019, provides for equal rights to acquire a complete general education (article 9), which comprises 12 years of schooling (article 2). The Law of Georgia on Gender Equality of 2010 stipulates equal treatment for both sexes in education. According to the 2005 law, education is compulsory for nine years starting at age 6 and is free for a duration of 12 years. The Law of Georgia on Early and Preschool Education of 2015 provides for four years of free, non-compulsory pre-primary education.

28.The Law of Georgia on the Civil Code of 1997 sets the minimum age of marriage at 18 with no exceptions (article 1108).

29.The Code on the Rights of the Child of 2019 (article 38.2) prohibits corporal punishment in educational settings in Georgia.

30.The minimum age of employment is 16 according to the Organic Law of Georgia on the Labour Code of 2010. However, with consent, a person under the age of 16 may be employed, so long as the employment does not disrupt their right to compulsory education, which ends at age 15.

31.According to the UNESCO Institute for Statistics, the effective transition rate from primary to lower-secondary general education in 2020 was 99.7 per cent for girls, 99.8 per cent for boys and 99.7 per cent overall.

32.In 2021, the expenditure on education was 3.6 per cent of GDP and 11.5 per cent of total government expenditure, according to the Institute.

Hungary

33.Hungary ratified the Convention against Discrimination in Education in 1964.

34.Hungary submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the Tenth Consultation.

35.The Constitution of Hungary enshrines the right of Hungarian citizens to education.

36.Act CXC of 2011 on National Public Education reinforces the right to education as laid out in the Fundamental Law of Hungary of 2011, which ensures the right to education for every Hungarian citizen (article XI). Article XV provides that men and women have equal rights. Act CXC of 2011 on National Public Education, as amended in 2020, stipulates that education is compulsory from ages 6 to 16 (section 45) and free for a period of 12 years through the end of secondary school (section 2). Section 2 (2) provides that pre-primary education is free, while section 8 provides that it is compulsory for four hours a day from age 3, with a possible exemption until age 5.

37.The minimum age of marriage is 18; however, with permission from the guardianship authority, according to Government Decree 149/1997 (IX.10), persons may request to marry at the age of 16.

38.Government Decree 51/2007 (III.26) protects the right to education of pregnant girls and young mothers in their pursuit of higher education, as does Government Decree on the admissions procedure for higher education 423/2012 (XII.29), which involves assessing the social situation of such students and ensuring to them equal opportunities.

39.Act I of 2012 on the Labour Code specifies that the minimum age of employment is 16, which is aligned with the end of compulsory education. However, at age 15, people are able to work on school holidays only.

40.According to the UNESCO Institute for Statistics, the effective transition rate from primary to lower secondary general education in 2019 was 100 per cent for both girls and boys.

41.In 2020, the expenditure on education was 4.8 per cent of GDP and 9.2 per cent of total government expenditure, according to the Institute.

Mauritania

42.Mauritania has not ratified the Convention against Discrimination in Education. The country should be strongly encouraged to ratify it.

43.Mauritania has not submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the most recent consultations, including the Tenth Consultation. The country should be recommended to participate more systematically in the monitoring consultation conducted by UNESCO.

44.The Constitution neither enshrines the right to education nor lays out any obligation in respect thereof. Nevertheless, article 1 guarantees equality before the law to all citizens, regardless of origin, race, sex or social condition.

45.Law No. 23 of 2022 on the National Education System provides that public education is free without explicitly specifying the levels of education that are covered. The General Child Protection Code does, however, explicitly guarantee the right of the child to free education covering at least primary education (article 16). With regard to compulsory education, Law No. 23 of 2022 makes education compulsory from ages 6 to 15, which corresponds to basic education comprising six years of primary education and three years of lower-secondary education. Pre-primary education is neither obligatory nor explicitly free.

46.Law No. 2001-052 of 19 July 2001 on the Personnel Status Code provides that the legal age for marriage is 18 but that a girl’s guardian, or weli, may lower that age if he sees a clear interest, and does not establish an absolute minimum age.

47.Law No. 23 of 2022 on the National Education System prohibits corporal punishment and all forms of moral abuse in schools.

48.Order No. 2005-015 concerning the Penal Protection Code for Children penalizes those who prevent pregnant girls from attending school.

49.According to Law No. 2018-024 on the General Child Protection Code, the minimum age of employment is 16, which is aligned with the end of compulsory education.

50.According to the UNESCO Institute for Statistics, the effective transition rate from primary to lower-secondary general education in 2018 was 46.8 per cent for girls, 53.3 per cent for boys and 49.9 overall.

51.In 2020, the expenditure on education was 1.9 per cent of GDP and 9.7 per cent of total government expenditure, according to the Institute.

Norway

52.Norway ratified the Convention against Discrimination in Education in 1963.

53.Norway has submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the Tenth Consultation.

54.Norway enshrines the right to education in article 109 of its Constitution, which also provides for equality before the law and non-discrimination (article 98).

55.The Act relating to Primary and Secondary Education and Training (the Education Act) of 1998, as amended, specifies that primary and lower-secondary education is compulsory for a duration of 10 years, and children are generally obliged to attend school from the year in which they turn 6 (sections 2-1 and 2-3). Primary, lower-secondary and upper-secondary education is free of charge in Norway (sections 2-15 and 3-1).

56.The Marriage Act of 1991 sets the minimum age of marriage at 18 for men and women (section 1-a).

57.The Law on Higher Vocational Education (Vocational Schools Act) of 2018 protects the right to higher vocational education and university education for pregnant and parenting girls. The Equality and Anti-Discrimination Act of 2018, as amended, proscribes discrimination on the basis of pregnancy and requires suitable accommodation for pregnant pupils and students in education.

58.The minimum age of employment is 15 according to the Working Environment Act and thus aligned with the end of compulsory education.

59.According to the UNESCO Institute for Statistics, the effective transition rate from primary to lower-secondary general education in 2019 was 99.7 per cent for girls, 100 per cent for boys and 99.8 per cent overall. In addition, according to the Organisation for Economic Co-operation and Development (OECD) report entitled Education at a Glance 2021: OECD Indicators, 60 per cent of upper-secondary vocational graduates in 2019 were men. Meanwhile, women represent 57 per cent of graduates from upper-secondary general programmes. In Norway, 60 per cent of women between the ages of 25 and 34 had a tertiary qualification in 2020 compared to 42 per cent of men in the same age group.

60.In 2020, the expenditure on education was 5.9 per cent of GDP and 10.1 per cent of total government expenditure, according to the Institute.

Slovenia

61.Slovenia ratified the Convention against Discrimination in Education in 1992.

62.Slovenia did not submit a national report for the Tenth Consultation. The country should be recommended to participate more systematically in the monitoring consultation conducted by UNESCO.

63.The Constitution of Slovenia stipulates that the State shall create the opportunity for citizens to obtain a proper education. Article 14 guarantees equal treatment in the exercise of all human rights and fundamental freedoms.

64.The Law on the Elementary School, 1996, as amended in 2016, specifies that pupils have the right to attend classes, while the Higher Education Act, 1993, as amended in 2017, guarantees the right of citizens of Slovenia to higher education. The 1996 law, as amended in 2016, provides for nine years of compulsory education beginning at age 6. According to article 57 of the Constitution, compulsory education is provided through public funds. No provision on free or compulsory pre-primary education has been identified.

65.The legal age of marriage is set at 18 in the Family Code, 2012; however, marriage at age 15 is allowed upon the granting of a judicial exception.

66.The Law on Organization and Financing of Education, 1996, as amended in 2017, prohibits corporal punishment and gender-based violence.

67.The Employment Relations Act, 2002, provides that the legal age of employment is 15, which is aligned with the end of compulsory education.

68.According to the UNESCO Institute for Statistics, in 2019, the effective transition rate from primary to lower-secondary general education was 100 per cent for girl pupils, 99.8 per cent for boy pupils and 99.9 per cent overall.

69.In 2020, the expenditure on education was 5.8 per cent of GDP and 11.2 per cent of total government expenditure, according to the Institute.

Tunisia

70.Tunisia ratified the Convention against Discrimination in Education in 1969.

71.Tunisia did not submit a national report for the Tenth Consultation. The country should be recommended to participate more systematically in the monitoring consultation conducted by UNESCO.

72.The Constitution of Tunisia of 2022 provides that the State shall guarantee the right to free public education. It guarantees the equality of all citizens before the law.

73.Tunisian law guarantees the right to education only to its citizens. Thus, the guarantee does not apply to everyone in the country. The law provides that education is compulsory from ages 6 to 16 and that the State shall guarantee the right to free education in State schools to all persons of school age. The free and compulsory education covers six years of primary education and four years of secondary education. The right to education is guaranteed without discrimination on the basis of gender.

74.The Personal Status Code of Tunisia of 1956, as amended in 2010, sets the minimum age of marriage at 18. However, State prosecutors may grant age exemptions on serious grounds, and a minor may marry with the consent of the guardian and the mother. The law sets no absolute minimum age.

75.The 2017 law on the elimination of violence against women prohibits all forms of violence against women on the basis of gender discrimination in all fields, including the educational environment, but no provisions explicitly prohibiting corporal punishment in schools have been identified. Similarly, no legal provision concerning the education of pregnant girls and young mothers has been identified.

76.The Labour Code of 1966, as revised in 2017, provides that the minimum age of employment is 16, which aligned with the end of compulsory education.

77.According to the UNESCO Institute for Statistics, the effective transition rate from primary to lower-secondary general education in 2020 was 100 per cent for girls, 99.8 per cent for boys and 99.9 per cent overall.

78.In 2016, the expenditure on education was 7.3 per cent of GDP, according to the Institute.

B.Pre-sessional working group for the eighty-sixth session

Argentina

79.Argentina ratified the Convention against Discrimination in Education in 1963.

80.Argentina submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the tenth consultation.

81.The Constitution of Argentina guarantees the right to teaching and learning and contains a provision on equality, but equality on the basis of sex is not mentioned.

82.The National Education Law of Argentina guarantees the right to education and contains provisions that prohibit gender discrimination in education. It guarantees 12 years of free and compulsory primary and secondary education. It also guarantees two years of free and compulsory pre-primary education.

83.According to the Civil Code, the minimum age of marriage is 18, but it is possible to marry under age 16 with judicial consent, or between ages 16 and 18 with the permission of a legal representative.

84.The law on the protection of the rights of girls, boys and adolescents prohibits restrictions to the education of pregnant and parenting children and imposes a duty to ensure the continuity and completion of their studies. Corporal punishment is prohibited under the Civil and Commercial Code, but the provision does not apply explicitly to educational settings.

85.The minimum age of employment is 16, but compulsory education ends at age 18.

86.According to the UNESCO Institute for Statistics, the effective transition rate from primary to lower-secondary general education in 2019 was 98.8 per cent for girls, 100 per cent for boys and 99.4 per cent overall.

87.In 2020, the expenditure on education was 5.0 per cent of GDP and 11.9 per cent of total government expenditure, according to the Institute.

Australia

88.Australia ratified the Convention against Discrimination in Education in 1966.

89.Australia submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the Tenth Consultation.

90.The Constitution of Australia neither enshrines the right to education nor contains a provision on non-discrimination on the basis of sex or gender.

91.The Constitution vests control of education in the States and territories. Every State and the two mainland territories that have a limited right to self-government in Australia guarantee at least 10 years of compulsory primary and secondary education. Not all States explicitly guarantee free education.

92.The minimum age of marriage in Australia is 18, or 16 with judicial consent.

93.Federal law prohibits discrimination in education against pregnant and breastfeeding girls and women in terms of admission, access and expulsion. Moreover, some States have legislation in place that explicitly prohibits discrimination against pregnant girls and women in education. Corporal punishment is prohibited in most States but not all.

94.All States prohibit the employment of children during school hours, except New South Wales, where no such prohibition has been identified in the legislation.

95.According to the UNESCO Institute for Statistics, in 2020, the net enrolment rate in primary education was 95.6 per cent for girls, 95 per cent for boys and 95.3 per cent overall. In secondary education, net enrolment was 92.2 per cent for girls, 90.6 per cent for boys and 91.4 per cent overall.

96.In 2020, the expenditure on education was 6.1 per cent of GDP and 14.4 per cent of total government expenditure, according to the Institute.

Kuwait

97.Kuwait ratified the Convention against Discrimination in Education in 1963.

98.Kuwait submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the Tenth Consultation.

99.The Constitution of Kuwait of 1962 provides that education is a right of Kuwaitis and guarantees the equality of all citizens before the law.

100.Legislative Decree No. 4 of 1987 concerning Public Education enshrines education as a right of Kuwaitis. In addition, Law No. 11 of 1965 concerning Compulsory Education guarantees 12 years of free education for all Kuwaiti boys and girls, encompassing 9 years of compulsory elementary and intermediate education starting at age 6 and three years of secondary education.

101.Under the Personal Status Law (No. 51/1984), the minimum age of marriage for girls is 15.

102.According to regulations concerning student affairs and systems, girls are removed from schools upon marriage and can only resume by entering the adult education system. Corporal punishment is prohibited by the regulations.

103.The minimum age of employment in Kuwait, according to the Private Sector Kuwait Labour Law (No. 6/2010), is 15, which is aligned with the end of compulsory education.

104.According to the UNESCO Institute for Statistics, in 2020, the effective transition rate from primary to lower-secondary general education was 97.8 per cent for girl pupils, 96.7 per cent for boy pupils and 97.3 per cent overall.

105.In 2020, the expenditure on education was 6.6 per cent of GDP and 11.9 per cent of total government expenditure, according to the Institute.

Malaysia

106.Malaysia has not ratified the Convention against Discrimination in Education. The country should be strongly encouraged to ratify it.

107.Malaysia did not submit a national report for the Tenth Consultation. The country should be recommended to participate more systematically in the monitoring consultation conducted by UNESCO.

108.The Federal Constitution of Malaysia of 1957, as amended in 2009, does not enshrine the right to education but provides under article 12 (1) that there shall be no discrimination in the administration of any educational institution maintained by a public authority or in the disbursement of financial aid funds by a public authority. Furthermore, the Constitution contains a provision on non-discrimination on the basis of gender.

109.No legislative provision enshrining the right to education has been identified, nor has a provision on non-discrimination in education. According to the Education Act of 1996, as amended in 2012, primary education is compulsory for six years starting at age 6. No further legal provision has been identified that explicitly ensures that primary and secondary education is free of charge.

110.The minimum age of marriage under the Marriage and Divorce Act of 1976, as amended in 2006, is 18 for non-Muslim girls and boys, but the Chief Minister can permit the marriage of a girl who is at least 16 years of age.

111.Corporal punishment is not listed as one of the punishments provided by the Educational Institutions (Discipline) Act, but it is not explicitly prohibited either. Meanwhile, a headteacher caning a pupil is not considered criminal force under the Penal Code.

112.In Peninsular Malaysia, no general minimum age of employment has been identified. However, “young persons” who are at least 15 years of age are allowed to be employed in several cases, which is not aligned with the end of compulsory education.

113.According to the UNESCO Institute for Statistics, in 2019, the effective transition rate from primary to lower-secondary general education was 92.4 per cent for girl pupils, 93.4 per cent for boy pupils and 92.8 per cent overall.

114.In 2020, the expenditure on education was 3.9 per cent of GDP and 15.4 per cent of total government expenditure, according to the Institute.

Oman

115.Oman has not ratified the Convention against Discrimination in Education. The country should be strongly encouraged to ratify it.

116.Oman did not submit a national report for the Tenth Consultation. The country should be recommended to participate more systematically in the monitoring consultation conducted by UNESCO.

117.The Constitution of Oman recognizes education as a cornerstone of societal progress. Article 17 of the Constitution provides for equality of citizens before the law and prohibits discrimination on the basis of gender.

118.The Child Law of 2014 enshrines the right to education. It guarantees compulsory basic education and free basic and post-basic education for children in public schools, but the duration and starting age of the free and compulsory education are not specified. The law also contains a non-discrimination provision on the basis of sex, but the provision does not apply explicitly to education.

119.The minimum age of marriage as provided by Personal Status Law No. 32 of 1997 is 18, but marriage under that age can be permitted by judicial consent. The absolute minimum age is not specified by law.

120.The Government of Oman states that corporal punishment is forbidden in Omani schools, pursuant to the statute of public school student affairs, which was promulgated by Ministerial Decision No. 105/2012. However, UNESCO does not have access to the document.

121.The minimum age of employment is 15 but, because the age at which compulsory education ends is not specified by the law, UNESCO cannot assess the alignment of ages.

122.According to the UNESCO Institute for Statistics, in 2020, the effective transition rate from primary to lower-secondary general education was 98.9 per cent for girl pupils, 98.5 per cent for boy pupils and 98.7 per cent in total.

123.In 2019, the expenditure on education was 5.4 per cent of GDP and 12.2 per cent of total government expenditure, according to the Institute.

Republic of Korea

124.The Republic of Korea has not ratified the Convention against Discrimination in Education. The country should be strongly encouraged to ratify it.

125.The Republic of Korea submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the Tenth Consultation.

126.The Constitution of the Republic of Korea enshrines the right to education for citizens under article 31 (1). There is a non-discrimination provision that prohibits discrimination on the basis of sex.

127.The Framework Act of Education of 1997, as amended in 2018, enshrines the equal right to education without discrimination on the basis of gender. It guarantees nine years of free and compulsory education, starting at age 6, covering six years of primary education and three years of secondary education. In addition, the Early Childhood Education Act of 2004, as amended in 2017, guarantees three years of non-compulsory pre-primary education free of charge.

128.According to the Civil Act of 1958, as amended in 2017, the minimum age of marriage is 18, but exceptions are permitted where there is parental consent, and the absolute minimum age is not specified.

129.The legislation provides for support for pregnant and parenting girls irrespective of their decision to suspend or continue their studies. The legislation provides for protection from all kinds of violence, including psychological, physical and sexual violence, in schools. However, concerning corporal punishment, the Committee on the Rights of the Child notes that only direct corporal punishment is explicitly prohibited, as the provision does not cover “indirect corporal punishment” or “disciplinary punishment” (see CRC/C/KOR/CO/5-6).

130.The minimum age of employment according to the Labour Standards Act of 1997, as amended in 2019, is 15, which is aligned with the end of compulsory education.

131.According to the UNESCO Institute for Statistics, in 2019, the effective transition rate from primary to lower-secondary general education was 99.5 per cent for girl pupils, 99.7 per cent for boy pupils and 99.6 per cent overall.

132.In 2019, the expenditure on education was 4.7 per cent of GDP and 13.8 per cent of total government expenditure, according to the Institute.

Sri Lanka

133.Sri Lanka ratified the Convention against Discrimination in Education in 1983.

134.Sri Lanka has not submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the Tenth Consultation. The country should be recommended to participate more systematically in the monitoring consultation conducted by UNESCO.

135.The Constitution of Sri Lanka does not comprehensively enshrine the right to education; it only sets it as an objective (article 27 (2)). Article 12 (2) proscribes discrimination, and article 12 (1) provides for equality before the law.

136.The Education Ordinance of 1939, as amended, provides that parents must ensure that a child between the ages of 5 and 14 attend school, without explicitly guaranteeing compulsory education. According to the State’s reports to the International Labour Organization, the Government adopted Compulsory Attendance of Children at School Regulation No. 1 of 2015, which provides for compulsory education from ages 5 to 16; however, UNESCO does not have access to the regulations. The 1939 ordinance, as amended, further provides that no fees shall be charged in government schools or assisted schools; however, it also allows for regulations to foresee fees (article 47). In addition, the levels of free education are not specified. No provision on pre-primary education has been identified in the legislation, nor does the legislation provide for the free or compulsory nature of that level of education.

137.The General Marriage Registration Ordinance 1997 sets the age of marriage at 18, but a minor can still marry with the consent of the father, and no absolute minimum age is defined. Furthermore, the Muslim Marriage and Divorce Act does not set a minimum age of marriage and allows girls under age 12 to marry with the authorization of the Quazi (magistrate or judge of a Sharia court).

138.No provision has been identified proscribing either corporal punishment or all types of violence, including gender-based violence in education settings. Similarly, no legal provision has been identified relating to the right to education of pregnant and parenting girls.

139.The minimum age of employment has been raised to 16 pursuant to the Employment of Women, Young Persons and Children Act of 1956, as amended by Act No. 2 of 2021, bringing it into alignment with the reported age of the end of compulsory education.

140.According to the UNESCO Institute for Statistics, the effective transition rate from primary to lower-secondary general education in 2019 was 100 per cent for girl pupils, 98.8 per cent for boy pupils and 99.4 per cent overall.

141.In 2019, the expenditure on education was 1.9 per cent of GDP and 9.9 per cent of total government expenditure, according to the Institute.

Trinidad and Tobago

142.Trinidad and Tobago has not ratified the Convention against Discrimination in Education. The country should be strongly encouraged to ratify it.

143.Trinidad and Tobago has not submitted a national report on the measures taken to implement the Convention against Discrimination in Education for the Tenth Consultation. The country should be recommended to participate more systematically in the monitoring consultation conducted by UNESCO.

144.The Constitution of Trinidad and Tobago does not enshrine the right to education. The right of a parent or guardian to provide a school of his own choice for the education of his child or ward shall exist without discrimination.

145.The Education Act 1966, last amended in 2012, provides for compulsory education from ages 5 to 16 (article 76), covering seven years of primary education and four years of secondary education (article 12). In addition, the charging of fees in public schools is not authorized unless permission is given according to article 22. According to this act, pre-primary education is free; however, no provision has been identified that makes it compulsory.

146.The Miscellaneous Provisions (Marriage) Act, 2017, sets the minimum age of marriage at 18 (article 3).

147.The Children Act, 2012, prohibits the use of corporal punishment within educational institutions; however, no provision has been identified regarding other forms of violence, such as sexual, psychological or physical violence, within educational institutions. The legislation does not contain any restrictive provision related to the right of pregnant and parenting girls to education, nor does it protect that right.

148.According to the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act, 2007 (article 2) and the Children Act, 2012 (article 105), children under age 16 shall not be admitted to employment. This is aligned with the end of compulsory education.

149.UNESCO Institute for Statistics data show that, in primary education in 2010, the net enrolment rate was 95 per cent for girls and 96 per cent for boys, and in secondary education in 2004, the rate was 75 per cent for girls and 70 per cent for boys.

150.In 2019, the expenditure on education was 4.1 per cent of GDP and 11.8 per cent of total government expenditure, according to the Institute.