The role of education in the advancement of women and girls cannot be overemphasised. Education is an essential tool to equip girls and women with the knowledge and skills they need to claim their rights, make autonomous and informed decisions, and choose their path in life. [1] Unfortunately, discrimination in education is still one of the most serious obstacles to women’s full realisation of their rights and expanding their range of opportunities in the economic, social and cultural spheres, as well as in the civil and political spheres, due to the key role of education for the full enjoyment of rights in all spheres [2].

In view of the fundamental importance of the right to education, the Convention on the Elimination of All Forms of Discrimination against Women has highlighted the proclamation of the right to education of all girls and women as one of the core obligations of States parties under the Convention. [3] References to education and commitments to provide information are found in Article 5(b) on parental roles [4], Article 11(1)(c) on employment [5], Article 14(2)(b) and (d) [6] on rural women, and Article 16(1)(e) on family and marriage [7]. The core provision on the right of girls and women to education is Article 10 of CEDAW, which provides for the obligation of States to take appropriate measures to eliminate discrimination that prevents women and girls from realising their rights to education. [8] The Commentary to CEDAW has highlighted the fact that the use of the imperative “States shall take” necessary measures in Article 10 indicates the requirement for a State party to adopt the most comprehensive approach possible to ensure non-discriminatory access to education. [9] In turn, the taking of “all appropriate measures” in this sense also allows flexibility for CEDAW States Parties to develop policies to eradicate discrimination in education, but with the ability to justify the reasonableness of the measures chosen and to demonstrate “whether it will achieve the intended effect and result” [10] in eliminating discrimination against girls and women in education. 

Another important element of this provision is the proclamation to ensure that women and girls have equal rights with men and boys in the field of education. Reflecting both the principle of equality of men and women enshrined in the Universal Declaration of Human Rights [11] and the purpose of the Women’s Bill of Rights itself, Article 10 requires States Parties to ensure “the same” provisions regarding the education of men and women – “the same opportunities” [12], “the same conditions” [13], “the same programmes” [14]. In this sense, “the same” does not mean “equivalent”, as CEDAW notes. [15] The Convention requires States Parties to recognise that only an in-depth understanding of the differences between men and women, at both biological, social and cultural levels [16], will assist in the effective implementation of educational equality policies. Furthermore, in this sense, it must also be highlighted that the mission of education itself should be carried out in a spirit of gender equality, reflecting a gender perspective and positively influencing all learners in the formation of a universal culture of respect for the rights and freedoms of each individual. [17]

In emphasising the priority of commitment to gender equality, the Convention has identified 8 paragraphs (a-h) to direct the efforts of States in taking appropriate measures within the relevant sub-fields of the educational sphere. It seems appropriate to briefly examine each of these paragraphs of Article 10 of CEDAW.

Article 10(a) calls on States parties to ensure that girls and women at all levels of education, including pre-school and professional trainings, have equal conditions in accessing education and obtaining diplomas in all categories of educational institutions; and in providing professional guidance. [18] By this provision, the Convention emphasises the expansion of the right to education to the entire lifecycle of learning and encourages States to address the elimination of discrimination at all levels of education. This approach also obliges States to take into account the needs of relevant age groups at different levels of education. [19] For example, women who need to combine their studies and work should be able to take part in part-time courses or attend classes in the evening. [20] Opportunities for part-time education can also be helpful for girls and women who need to combine domestic and parental responsibilities with their studies or for those who have difficulties getting to their learning center due to the distance of it from their home. The Committee has stressed that a clear indicator of the accessibility of education in the State Party is the number of students at all levels and their attendance rate, as well as their enrolment in the next stage of education. [21] 

Article 10(b) of CEDAW establishes the obligation to ensure equal access to the same programmes of study, the same examinations, equally qualified teachers, and equally equipped buildings. [22] By this the Convention also imposes the requirement that, even where the education of girls or women is separate from that of boys or men, the curricula, facilities and equipment must be of equal quality, as well as the training of teachers. [23] Both the Special Rapporteur on Education [24] and the Committee on the Elimination of Discrimination against Women have addressed the issue of quality education. They underlined the utmost importance of quality education based on adequate educational infrastructure. A high infrastructure development status can be evidenced by, among other things, the amount of budgetary allocations, the availability of sufficient numbers of teachers with the required qualifications, sufficient facilities with satisfactory conditions, including the availability of necessary equipment and acceptable sanitation. [25]  For instance, girls’ school attendance suffers in the absence of adequate sanitation facilities that can meet the needs of girls during menstruation. [26].

Article 10(c) of the Convention addresses the elimination of gender stereotyping. In this provision, States were called upon to take appropriate measures at all levels of education to eradicate gender stereotyping, including by developing educational material, curricula and teaching methodologies in a spirit of gender equality, and by promoting joint learning and other types of learning that contribute to the elimination of stereotyped roles for men and women. [27] Erasing stereotypical roles of men and women in education makes a major contribution to the Convention’s aspiration to comprehensively transform established social and cultural patterns of behavior that perpetuate discriminatory prejudices, customs and any practices based “on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women” [28], as set out in Article 5 of CEDAW. Given the complexity of the goal itself, reforming the education system in the spirit of gender equality must take place at all levels and through various means, with education that fosters respect for the rights and freedoms of every individual from an early age being the cornerstone in paving the way to gender equality. For this purpose, curricula, educational materials and teaching methods need to be harmonized with gender-transformative and non-discriminatory principles. The Committee has recognized the presence of gender stereotypes in curricula, textbooks and teaching methods as a major obstacle for girls and women to “assert and exercise their basic human right to education. [29] Attention should also be drawn to CEDAW’s promotion of joint education in Article 10(c), which undoubtedly contributes to the elimination of stereotyped male and female roles, but does not constitute an obligation for States to introduce only joint education. [30] It is true that in certain cases the practice of separate education is the norm, and an attempt to change the norm may result in girls or women no longer being allowed to participate in the learning process by their parents or husbands. [31]

It seems worth pointing out the case of Equal Opportunities Commission v. Director of Education of the Supreme Court in Hong Kong [32], which refers to Article 10 of CEDAW, with paragraph (c) highlighted. The background to “the Hong Kong Stereotyping Case” [33] is as follows: students were required to take tests for assessments affecting school placement; however, the scores were also analyzed by gender, due to the authorities’ argument that girls performed better than boys in examinations and had more opportunities for admission to certain schools. The rationale behind this practice of “equalizing” the sexes by increasing the number of places for boys was that boys grow up later than girls and should not therefore be disadvantaged in the allocation process. The Equal Opportunities Commission challenged the decision of the authorities as discriminatory and was supported by the Court, which referred to the Convention on the Elimination of All Forms of Discrimination against Women and found that such discrimination was linked to stereotypes. [34]

The subsequent paragraph of Article 10 is paragraph (d), which imposes on States Parties an obligation to “ensure, on a basis of equality of men and women, the same opportunities for scholarships and other educational benefits”. [35] In this respect, the problem of conditions of poverty, in which women, as outlined in the Preamble of the Convention, have the least access to education, professional training and other opportunities and facilities, should undoubtedly be referred to. [36] The problems of people living in poverty go beyond mere material well-being. As observed by Megan Campbell, Ph.D., whose area of research focuses on identifying the best system of care for poor women, poverty brings insecurity, isolation, vulnerability, and anxiety into people’s lives, entangling them in a web of powerlessness. [37] When insufficient funds are the main obstacle to girls’ and women’s education, scholarships and other forms of assistance become crucial. Education grants provide an incentive for girls and women both to stay in school or other educational institutions and to continue their education by enrolling in higher-level institutions. Attention should also be drawn to the existence of indirect costs and additional educational fees, which also affect girls’ and women’s access to education, especially when families live in poverty. In this regard, CEDAW has called on States parties to take the necessary measures to ensure that girls and women with limited financial resources “are not denied access to any level of education because of an inability to pay school fees or to bear hidden costs.” [38]

Article 10, in paragraph (e), recognizes the importance of States parties’ actions aimed at providing the same opportunities for access to education programs, including adult and functional literacy programmes. [39] Legal academics have indicated that this provision is intended to alleviate the difficulties and disadvantages faced by women who have left school early or have not received any education at all. [40] This issue is also widespread among women who have completed primary education, but in vulnerable conditions suffer from a lack of opportunities to improve their knowledge, which ultimately affects all areas of a woman’s life, including her economic life. For example, migrant women may experience negative consequences in their relations with their employers when access to continuing education programs, including professional advancement, is limited. [41] Article 10(e) also highlights the problem of illiteracy, which negatively affects the opportunities of women and girls and has a detrimental impact on their knowledge of their rights and freedoms and their ability to claim their rights in court. [42] For example, illiteracy has a direct impact on women’s active and informed participation in civil and political life, their social status and their economical situation. CEDAW notes that rural women and girls have lower levels of literacy, which has a severely disadvantageous impact on their situation [43]; this also applies to women living in poverty and indigenous women. [44] Moreover, the prevalence of illiteracy among older women is a critical factor, which adversely influences many areas of their lives, such as access to a wide range of services and benefits and recreational activities. [45] The Committee emphasised the importance of urgently addressing illiteracy, including through temporary special measures. [46] It should be further pointed out that literacy and functional literacy programmes also extend to legal literacy, enhancing women’s knowledge of human rights and freedoms and gender equality. To this end, CEDAW encourages States Parties to disseminate information on the Convention on the Elimination of All Forms of Discrimination against Women at all levels of the education system [47], and to publish and make openly available the Committee’s views and recommendations in appropriate languages [48].

The next paragraph of Article 10 of the Convention is paragraph (f), which encourages States to take action directed at reducing the number of girls who do not finish school as well as at developing programmes for girls and women who leave school prematurely. [49] States parties’ policies aimed at reducing the number of girls who do not complete school must take into account a number of factors that influence the reason for girls’ exclusion from the education system. In General Recommendation No. 34, the Committee noted that significant unpaid domestic work, such as preparation of food, childcare or farm work, limits the time and energy a girl can invest in the learning process, contributing to higher dropout rates for girls. [50] Hidden fees and costs can lead to exclusion of low-income girls and women from the education process. [51] Adequate infrastructure is also a major focus of the Committee. For example, due to the non-adaptability of the study premises to the needs of girls with disabilities, as well as inattention to other social, physical and psychological barriers [52], the participation rate of girls and women with disabilities decreases; this also hinders women with disabilities in teaching. Also among the contributing factors to girls’ exclusion from the school system is the unqualified and indifferent teaching staff and personnel involved in the education sector, which is often the cause of girls’ feelings of isolation. [53] Moreover, marriage and pregnancy at an early age are among reasons for early school leaving. This outcome may be due to both intra-family factors, such as the girl’s burden of housework and family care, or the desire of her husband or parents to keep the girl at home, and external factors related to the education system itself, such as the forced exclusion of pregnant girls from school or the lack of protection of the girl from social censure. [54] The opposite is working as well: out-of-school girls are more at risk of forced marriage and early pregnancy. [55]

The Special Rapporteur on education drew attention to the importance of follow-up by the State in the event of a successful policy to increase school enrolment, which correlates also with a policy to reduce the number of school dropouts. The Special Rapporteur noted that the inclusion of more learners in the schooling system could place a “heavy burden on school infrastructure and the entire educational system” and that, therefore, in order not to reduce the quality of education, States needed to “find ways to effectively and expeditiously address the many challenges, especially with regard to adequate teaching personnel in educational institutions”. [56]

Article 10(g) of CEDAW calls on States Parties to the Convention to ensure equal access and opportunities in the promotion of physical activity and sport. [57] Undoubtedly, physical activity has favourable effects on health, psychological resilience and social engagement. At the same time, there are serious obstacles to the advancement of physical education for girls and women, and the Committee has encouraged States Parties to apply temporary special measures in the area of sport. [58] In traditionally male-dominated sports, prejudices that exclude girls and women from participating are widespread. Meanwhile, sports considered traditional for girls and women have received incomparably less attention, as evidenced by lower funding for these sports, smaller rewards for female athletes, and less news coverage of their achievements. [59] Girls and women’s energy is heavily affected by unpaid domestic work, which prevents them from participating fully in sporting and physical activities. Sexual harassment experienced by female members of the sports industry is ubiquitous from coaches and trainers as well as other sportspeople. This fact constitutes an important cause for girls and women not to participate in sports. As CEDAW has rightly observed, violence in sport, among other things, emphasises “the long-standing dominance of men in the sporting arena”. [60] It should be noted that the Committee also has paid attention to the significance of the physical education of women and girls in prisons. [61]

Article 10(h) of CEDAW obliges States to ensure, in order to promote the health and well-being of families, access to educational information in reproductive health and related fields, including access to information and counselling on family planning. [62] Knowledge of reproductive and sexual health is a major educational opportunity that puts girls and women in a much better position to make life-affecting decisions. Although Article 10(h) is framed in gender-neutral terms, it cannot be disputed that women bear a much greater reproductive burden. [63] For example, the Committee has stated that comprehensive scientific information on contraception and how to use it, and “guaranteed access to sexuality education and family planning services” are necessary to ensure the safest choice of contraception for women. [64] In General Recommendation 24, CEDAW determined that States parties have an obligation to ensure the right to reproductive health education and awareness-raising for all girls and women, including in cases where they are unlawfully present in the State. [65] Moreover, the promotion of responsible sexual behaviour under Article 10(f) of the Convention also indirectly influences realisation of other paragraphs of Article 10 of CEDAW, as early and unwanted pregnancies are often the cause of premature school leaving. Reproductive and sexual health education in schools should be delivered by trained professionals based on specially designed programmes [66] at different grade levels and in an age-appropriate manner [67].

A violation of Article 10(h) was found by the Committee on the Elimination of Discrimination against Women in A.S. v. Hungary. [68] The author was sterilised during an emergency caesarean section operation, having signed a consent to medical intervention, including sterilisation. However, the author provided her permission while she was on the operating table, without understanding what the sterilisation procedure entailed, and she was not informed about the nature of the procedure and its consequences. [69] The State party argued that, as a mother of three children, the author was supposed to have the necessary information on reproductive matters. [70] The Committee found that the State party, through the hospital employees, had failed to provide the author with adequate information and counselling on family planning, which constituted a violation of the author’s right under article 10 (h) of the Convention. [71] This decision became remarkable since in its considerations the treaty body held the State responsible for failing to provide women with the necessary educational information on reproductive health.

Therefore, Article 10 calls on States parties to eliminate discrimination against women and girls in education. For this purpose, States Parties have committed themselves to provide, in the spirit of gender equality, the same conditions for career guidance as well as access to education at all levels at all ages, ensuring the same quantity and quality of resources, including qualified teachers, school equipment and study programmes. Stereotypical gender roles must be eliminated in all forms of education, including in curricula and teaching methods. States parties should also lower the dropout rates of women and girls and contribute to the education of girls and women who have left school prematurely. In order to facilitate the enrolment and retention of girls in educational institutions, it is envisaged that women and girls should be given the same opportunities for scholarships and educational grants. Article 10 also requires States parties to provide women and girls with equal opportunities to participate in sports and physical education. Furthermore, States parties must take all necessary measures to ensure access to reproductive and sexual health information. Article 10 of the Convention thus imposes both negative and positive obligations on States parties.

[1] CEDAW and CRC, Joint general recommendation/General comment No. 31 of CEDAW and No. 18 of CRC on harmful practices (2014), UN Doc CEDAW/C/GC/31/CRC/C/GC/18. Para 61.
[2] CESCR, General Comment 11 – Agenda for Action on Primary Education (1999), UN Doc. E/C.12/1999/4. Para.2.
[3] CEDAW, Statement on Protection of Girls’ Right to Education, adopted on 19 October 2012 during the 53rd session.
[4] Convention on the Elimination of All Forms of Discrimination against Women (entered into force on 3 September 1981), adopted by UNGA Resolution 34/180. Article 5(b).
[5] Ibid. Article 11(1)(c).
[6] Ibid. Article 14(2)(b) and (d).
[7] Ibid. Article 16(1)(e).
[8] Ibid. Article 10.
[9] FREEMAN, A, Marsha; and CHINKIN, Christine; and RUDOLF, Beate. The UN Convention on the elimination of all forms of discrimination against woman. A commentary. Oxford University Press, 2012, 1st edition. P.260.
[10] CEDAW, General Recommendation No. 28 concerning the core obligations of States parties under Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women (2010), UN Doc CEDAW/C/GC/28. Paragraph 23.
[11] Universal Declaration of Human Rights (10 December 1948), adopted by UNGA Resolution 217A (III). Preamble.
[12] Convention on the Elimination of All Forms of Discrimination against Women (entered into force on 3 September 1981), adopted by UNGA Resolution 34/180. Article 10 (d), (e), (g).
[13] Ibid. Article 10 (a).
[14] Ibid. Article 10 (b).
[15] CEDAW, General recommendation No. 25: Article 4, paragraph 1, of the Convention (2004), GEC/3733/E. Para 8.
[16] Ibid.
[17] CEDAW, General recommendation No. 36 — the right of girls and women to education (2017), UN Doc. CEDAW/C/GC/36. Para 13.
[18] Convention on the Elimination of All Forms of Discrimination against Women (entered into force on 3 September 1981), adopted by UNGA Resolution 34/180. Article 10 (a).
[19] CEDAW, General recommendation No. 36 — the right of girls and women to education (2017), UN Doc. CEDAW/C/GC/36. Para 15.
[20] Ibid. Para 33.
[21] Ibid. Para 15.
[22] Convention on the Elimination of All Forms of Discrimination against Women (entered into force on 3 September 1981), adopted by UNGA Resolution 34/180. Article 10 (b).
[23] FREEMAN, A, Marsha; and CHINKIN, Christine; and RUDOLF, Beate. The UN Convention on the elimination of all forms of discrimination against woman. A commentary. Oxford University Press, 2012, 1st edition. P.262.
[24] UN Commision on Human Rights. Report of the Special Rapporteur on the Right to Education, Vernor Mun̋oz Villalobos, 2004, E/CN.4/2005/50. Paras 107-108.
[25] CEDAW, General recommendation No. 36 — the right of girls and women to education (2017), UN Doc. CEDAW/C/GC/36. Para 28.
[26] CEDAW, General recommendation No. 34 on the rights of rural women (2016), UN Doc. CEDAW/C/GC/34. Para 42.
[27] Convention on the Elimination of All Forms of Discrimination against Women (entered into force on 3 September 1981), adopted by UNGA Resolution 34/180. Article 10 (c).
[28] Ibid. Article 5 (a).
[29] CEDAW, General recommendation No. 36 — the right of girls and women to education (2017), UN Doc. CEDAW/C/GC/36. Para 4.
[30] FREEMAN, A, Marsha; and CHINKIN, Christine; and RUDOLF, Beate. The UN Convention on the elimination of all forms of discrimination against woman. A commentary. Oxford University Press, 2012, 1st edition. P.263.
[31] Ibid.
[32] High Court of Hong Kong, Equal Opportunities Commission v. Director of Education (2001), No. 1555 of 2000
[33] FREEMAN, A, Marsha; and CHINKIN, Christine; and RUDOLF, Beate. The UN Convention on the elimination of all forms of discrimination against woman. A commentary. Oxford University Press, 2012, 1st edition. P.262.
[34] High Court of Hong Kong, Equal Opportunities Commission v. Director of Education (2001), No. 1555 of 2000
[35] Convention on the Elimination of All Forms of Discrimination against Women (entered into force on 3 September 1981), adopted by UNGA Resolution 34/180. Article 10 (d).
[36] Ibid. Preamble.
[37] CAMBELL, Meghan. Women, Poverty, Equality: The Role of CEDAW. Hart Publishing, Oxford, 2018. P. 9.
[38] CEDAW, General recommendation No. 36 — the right of girls and women to education (2017), UN Doc. CEDAW/C/GC/36. Para 39.
[39] Convention on the Elimination of All Forms of Discrimination against Women (entered into force on 3 September 1981), adopted by UNGA Resolution 34/180. Article 10 (e).
[40] FREEMAN, A, Marsha; and CHINKIN, Christine; and RUDOLF, Beate. The UN Convention on the elimination of all forms of discrimination against woman. A commentary. Oxford University Press, 2012, 1st edition. P.266.
[41] CEDAW, General Recommendation No. 26 on Women Migrant Workers (2009), UN Doc CEDAW/C/2009/WP.1/R. Para. 10.
[42] CEDAW, General recommendation No. 33 on women’s access to justice (2015), UN Doc CEDAW/C/GC/33. Para 9.
[43] CEDAW, General recommendation No. 34 on the rights of rural women (2016), UN Doc. CEDAW/C/GC/34. Para 42.
[44] CEDAW, Concluding comments: Bolivia (2008), UN Doc CEDAW/C/BOL/CO/4. Para 17.
[45] CEDAW, General Recommendation No. 27 concerning older women and the protection of their human rights (2010), UN Doc CEDAW/C/GC/27. Para 19.
[46] CEDAW, Concluding observations: Lao People’s Democratic Republic (2009), UN Doc CEDAW/C/LAO/CO/7. Para 34.
[47] CEDAW, Concluding Observations: Lebanon (2008), UN Doc CEDAW/C/LBN/CO/3. Para. 25.
[48] A. T. v. Hungary, Communication No. 2/2003, UN Doc. CEDAW/C/32/D/2003. Para 9.7.
[49] Convention on the Elimination of All Forms of Discrimination against Women (entered into force on 3 September 1981), adopted by UNGA Resolution 34/180. Article 10 (f).
[50] CEDAW, General recommendation No. 34 on the rights of rural women (2016), UN Doc. CEDAW/C/GC/34. Para 42.
[51] CEDAW, General recommendation No. 36 — the right of girls and women to education (2017), UN Doc. CEDAW/C/GC/36. Para 38.
[52] Ibid. Para 46 (е).
[53] CEDAW, General recommendation No. 36 — the right of girls and women to education (2017), UN Doc. CEDAW/C/GC/36. Para 52.
[54] CEDAW and CRC, Joint general recommendation/General comment No. 31 of CEDAW and No. 18 of CRC on harmful practices (2014), UN Doc CEDAW/C/GC/31/CRC/C/GC/18. Para 22.
[55] CEDAW, General recommendation No. 36 — the right of girls and women to education (2017), UN Doc. CEDAW/C/GC/36.  Para 52.
[56] UN Commision on Human Rights. Report of the Special Rapporteur on the Right to Education, Vernor Mun̋oz Villalobos, 2004, E/CN.4/2005/50. Paras 29-30.
[57] Convention on the Elimination of All Forms of Discrimination against Women (entered into force on 3 September 1981), adopted by UNGA Resolution 34/180. Article 10 (g).
[58] CEDAW, General recommendation No. 25: Article 4, paragraph 1, of the Convention (2004), GEC/3733/E. Para 38.
[59] CEDAW, General recommendation No. 36 — the right of girls and women to education (2017), UN Doc. CEDAW/C/GC/36. Para 62.
[60] Ibid.
[61] CEDAW, Concluding observations: Germany (2009), UN Doc CEDAW/C/DEU/CO/6. Para 58.
[62] Convention on the Elimination of All Forms of Discrimination against Women (entered into force on 3 September 1981), adopted by UNGA Resolution 34/180. Article 10 (h).
[63] FREEMAN, A, Marsha; and CHINKIN, Christine; and RUDOLF, Beate. The UN Convention on the elimination of all forms of discrimination against woman. A commentary. Oxford University Press, 2012, 1st edition. P.269.
[64] CEDAW, General Recommendation 21: Equality in marriage and family relations (1994), UN Doc A_49_38(SUPP)_4733_E. Para 22.
[65] CEDAW, General Recommendation No 24: Women and health (1999), UN Doc A/54/38/Rev.1. Para 18.
[66] Ibid.
[67] CEDAW, General recommendation No. 36 — the right of girls and women to education (2017), UN Doc. CEDAW/C/GC/36. Para 62.
[68] A.S. v. Hungary, Communication No. 4/2004, UN Doc. CEDAW/C/36/D/4/2004
[69] Ibid. Para 2.2.
[70] Ibid. Para 4.3.[71] Ibid. Para 11.2.