GENDER EQUALITY IN THE RIGHT TO EDUCATION

BY:HUSABALLA AHAMED ELEMAM

P46706

CONTENTS

(1)Introduction• Definition• Why human right in education so important?(2)Equality of right to education in Islamic Perspectives.• Legal authenticity • Aims and objectives of education in Islam• Purpose of acquiring knowledge in Islam(3)Equality of right to education in Malaysian law• Federal Constitution • Malaysian women policy 1989• Gender budget in Malaysia 2006(4)Equality of right to education in International law• UDHR 1948 and ICESCR 1966• International forum and Conventions (5) conclusion

Introduction

• Definition of the terms

1)Gender : the fact of their being either male or female, known as sex.

2)Equality : equal treatment for all the people in it that is they have the same right or

the same status within society as each other.

3) Right : a right to do something , if it morally or legally proper for you to have it or

do it.

4) Education : the process or system of teaching in schools and other establishments, or

the development of a person's knowledge

Why Human rights in education so important?

• Human Rights aim to protect the inherent dignity of the human person

and to develop understanding tolerance and respect for the others. All

rights bring us responsibilities to ourselves , our family our friends an son

on. If these are some of the aims of human rights, then the role of

education in protecting these rights and identifying those responsibilities ,

must be to teach about the world in which we live and the with whom

we share that world .

EQUALITY OF RIGHT TO EDUCATION IN ISLAMIC PERSPECTIVE

• LEGAL AUTHENTICITY IN ISLAM(1) AL-QURAN

• Surah Az-Zumar(39):9

“……. Are those equal ,those who know and those who do not know?.....”

• Surah Al-Baqrah(2):269

“ Allah grants wisdom to whom He please and to whom wisdom is granted

indeed he receives overflowing benefit”

Cont..

• Surah al-Hujurat (49):13

Allah says “O mankind we have created you from male and female , and made you

into nations and tribes , that you may know one another . Verily , the most honourable

of you with Allah is that (believer )who has piety, verily , Allah is alla-knowing”

• surah Fatiir (35):28

“…. Those truly fear Allah, among His servants, who have knowledge ….”

(2) Hadith• Narrated Abu Musa Al-Ashari: the prophet said, “He who has a slave and teach her good manner

and improve her education and then manumits and marries her,will get double reward ;and any

slave who observe Allah’s right and his master’s right will get double reward.” (translation of Sahih

Bukhari)

Cont..• Narrated Abu Darda; “kathir Ibn Qays said: I was sitting with Abu Darda in the mosque of

Damascus. A man came to him and said :Abu Darda’ , I have come to you from the town

of the prophet (pbuh) for a tradition that I have heard you relate from the prophet

(pbuh) . I have come for other purpose. He said: I heard the prophet (pbuh) says: if

anyone travel on a road in search of knowledge, Allah will cause him to travel on one of

the road of Paradise . The angels will lower their wings I their great pleasure with one

who seek knowledge ,the inhabitant of the heavens and the earth and the fish in the

deep waters will ask forgiveness for the learner man .the superiority of the learner man

over the devout is like that of the moon ,on the night when it is full ,over the rest of the

stars . The learned are the heirs of the prophet leave neither dinar nor dirham , leaving

only knowledge ,and he who takes it takes an abundant portion”

(translation of Sunan Abu Dawud, Knowkdge (kitab Al-Ilm) book 25,number 3634)

Aims and objective of education in Islam • In Arabic language there are 3 term for education:-

1- ta’lim (‘alima):to know ,to be aware .to perceive , to learn .

2-tarbiyah(raba): to increase, to grow, to rear .

3-Ta’dib(adduba): to be cultured , refined ,well-mannered .

There are 2 categories of knowledge in Islam:-

1-Fard ‘ayn (individual duty)

-knowledge is finite ,certain and obligatory for every individual Muslim to acquire

-it includes the knowledge about pillars of Islam the articles of faith and Shariah.

2- Fard ,Kifayah (communal duty)

Knowledge is obligatory upon the community. Each community should ensure that

there are some people where are knowledge in acquired and intellectual know

knowledge essential for the survival of the society, for example ,

mathematics ,science medicine ,etc.

Islamic Philosophers’ View 1) Sayed Muhammad al-Naquip al-Attas, wrote in 1979 a book :Aims and

objectives of Islamic education , p.158:- “ the comprehensive and

integrated approach to education in islam is directed toward the balance

growth of the total personality….through training man’s spirit, intellect,

rational self, feelings and bodily sense …. Such that faith is infused into

the whole of his personality.

2) Sayyed Hossein Nasr, wrote in 1984 an article: “ The Islmaic View on

Education”- Muslim Education Quarterly 2,p.7) “…. Education does not

prepare mankind for happiness in this life, its ultimate goals is the abode

of permanence and all education points to permanent world of eternity.”

Root (1)Education I n Islam is twofold ; (I)Acquiring intellectual knowledge

(through the application of reason and logic).

(ii) Developing spiritual knowledge (derived from divine revelation and

spiritual experience0.

Purpose of Acquiring knowledge in Islam

• To bring us closer to Allah. it is not simply for the gratification of mind and

sense. Knowledge accordingly must be linked with values and goals .

• To gain the good of this world , not to destroy it through wastages, arrogance

and in the reckless pursuit of higher standards of material comfort .

• To spread freedom and dignity ,truth and justice .it is not to gain power and

dominance for its on sake.

Root : According to worldview of Islam provision, education must be made equally

for both(men and women ). Acquiring knowledge in islam is not intended as an

end but as a means to stimulate a more elevated moral and spiritual

consciousness leading to faith and righteous action.

Equality of Right To Education in Malaysian Law

Federal constitution

Part II(fundamental liberties • Art.8(1)All persons are equal before the law and entitled to the equal protection of

the law .(2) Except as expressly authorized by this constitution, there shall be no

discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trader, business, profession ,vacation or employment.

Cont..Art.12

(1) Without prejudice to the generality of Article 8,there shall be no discrimination against any citizens on the grounds only of religion, race, descent or place of birth-etc .

(a) In the administration of any educational institution maintained by a public authority , and in particular, the admission of pupils or students or the payment of fees; or

(b) In providing out of the funds of public authority financial aid for the maintenance or education of pupils or students in any educational institution(whether or not maintained by a public authority and whether within or outside the federation)

• Implication from this provision are to ensure the minority group and women enjoy whatever the majority group and men get. they deserved to involved in national development and administration. Issues related to women’s right also already being focused by government when drafting national policy which has been stated in Malaysian Women policy.

Malaysia women policy ,1989• Objectives :-(1) To ensure equality and non-discrimination in all aspects to have the same

information, facilities and opportunities as well as given to men.(2) To integrate all women and to show their abilities in all aspects in order to

involved in the Malaysian development .(3) To eradicate illiteracy among women and gives more opportunities in

education system for self development. Principal and guideline in Women Policy: 8 principals ,such of that:-“………………………..(6) The highest development in education and teaching are given to all

women ,appropriate with women’s contribution in the modern era today.(7)The gender discrimination conflict is cause by bad effect to the women and

should be prevented .it is to ensure women's equal access to and full participation in power structures and decision –making. …………………………………………………..”

Cont.• Platform for actions:(1) Ensure equal access to education.(2) Eradicate illiteracy among women.(3) Improve women’s access to vocational training, science and technology

and continuing education.(4) Prepare and gives more opportunities in education system.(5) Promote the out-campus programs.(6) Have some programs to promote and gives the opportunity to all

students(either male or female which left in education before, e.g. because of poverty) to enjoy such education ( for a second time).

(7) Promote and protect the human rights of women, through the full implementation of all human rights instruments ,esp. which include in CEDAW.

(8) To ensure equality and non-discrimination under the law and in practice.

Equality of right to education in international law

• Universal Declaration of Human Rights ( UDHR ) 1948 • Art.26: “everyone has the right to education . Education shall be free, at

least in the elementary and fundamental stages. Elementary education shall be compulsory . Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit…..”.

• The right to education is fundamental human right.• Every individual , irrespective of race, gender, nationality ,ethnic or social

origin ,religion ,etc is entitled to a free elementary education.• Education is key to economic development and the enjoyment of many

other human rights.

International covenant on Economic , social and cultural Rights(1966)

• The main UN Treaty on Civil and Political rights, the 1966

International Covenant on Economic , Social and Cultural Rights, defines

education as “… directed to the full development of the human

personality and the sense of its dignity , and shall strengthen the respect

for human rights and fundamental freedom…(it)… shall enable all

persons to participate in a free society, promote understanding , tolerance

and friendship among all nations ,and all social ,ethnic or religious

group, and further the activities of the United Nations for the

maintenance of peace….”(ART.13)

Several agencies around the world are working to make education available to all• (1)United nations education ,scientific and cultural organization (UNESCO).• The main objective of UNESCO is to contribute to peace and security in

the world promoting collaboration among nations through education , science , culture and communication .

• This will further universal respect for justice , for the rule of the law ,and for the human rights and fundamental freedom without distinction of race, sex, language or religion , by the charter of the United Nations.

• The United Nations Literacy Decade (2003-2012) aims to extend the use of literacy to those who do not currently have access to it. More than 861 million adults are in that position, and over 113 million children are not in school.

Cont..• As part of the United Nations Literacy Decade (2003-2012), The

Commission on Human Rights urged member states :(a) To give full effect to the right to education and guarantee that this right is

recognized and exercised without discrimination of any kind;(b) To take all appropriate measures to eliminate obstacles limiting effective

access to educating ,notably by girls, including pregnant girls, children living in rural areas, children belonging to minority group , indigenous children, migrant children, refugee children ,internally displaced children ,children affected by armed conflicts , children with disabilities, children with human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS)and children deprived of their liberty.

Cont..(2)United Nations Children’s Fund (UNICEF)• Created by the United Nations General Assembly in 1946.• Purpose :is to help children after World War II in Europe ,and was first

known as the United Nations International Children’s Emergency Fund.• In 1953, UNICEF become a permanent part of the United Nations system-

its task being to help children living in poverty in developing countries .• Believing in equality education for all , NICEF helps children get the care

and stimulation they need in the early years of life and encourages families to educate girls as well as boys.

• UNICEF’s work is geared toward ensuring that all children realize their right to education , and that every child has the opportunity to develop to his or her full potential.

International forum (discuss about the right of education)

• World education forum in Dakar, 2000• Goals: education for all(EFA)• UNESCO actively supports the view that a right- based approach to the development of

education is prerequisite for realizing EFA .• Human rights mainstreaming necessitate integrating human right throughout education

policy-making and practice at all levels-establishing link between these sectors of human rights, education and development in education matters, including the gender equality.

• The international Covenant on Civil and Political Rights. The International Covenants on Economic and Social and Cultural Rights, together with UDHR have proclaimed by UN to form the core treaties that comprise The International Bill of Human Rights.

• Purpose: to achieve global efforts towards EFA goals and specifically to eliminate discrimination in education.

• Measured :The UNESCO Convention against discrimination in Education, The Convention on the Elimination All forms of Discrimination against women .

• The legal obligations of government- 4A scheme :Availability ,accessibility, acceptability, adaptability.

Core human rights obligation in education

(1) availability : obligation to ensure compulsory and free education for all children in the country within a determined age range, up to at least the minimum age of employment.

: obligation to respect parental freedom to choose education for their children , observing the principle of the best interest of the child.

(2) accessibility : obligation to eliminate exclusion from education based on the internationally prohibited grounds of discrimination ( race , colour, sex , language ,religion , opinion ,origin economic status , birth, social status, minority or indigenous status , disability).

:obligation to eliminate gender and racial discrimination by ensuring equal enjoyment of all human rights in practice, rather than formally prohibiting discrimination.

Cont..(3) Acceptability : obligation to set minimum standards for education ,

including the medium of instruction ,contents and methods of teaching , and to ensure their observance in all education institutions.

: obligation to improve the quality of education by ensuring that the entire education system conforms to all human rights.

(4)Adaptability : obligation to design and implement education for children precluded from formal schooling (e.g. refuge seeking or internally displaced children, children deprived of their liberty, or working children).

: obligation to adapt education to the best interests of each child, especially regarding children with disabilities ,or minority and indigenous children .obligation to apply indivisibility of human rights as guidance so as to enhance all human rights through education , such as the right to marry and raise a family ,or the right to freedom from forced and child labour.

International conventions on the right to education

• (1) UNESCO Convention against Discrimination in Education (1960)• The State Parties to this Convention undertake to formulate, develop and apply

national policy which…. Will tend to promote equality of opportunity and of treatment…

• …. The term “discrimination” includes any distinction ,exclusion, limitation or preference which, being based on race, clour ,sex language, religion , , opinion ,origin economic status , birth, has the purpose or effect of nullifying or impairing equality of treatment in education and in particular :

(a)Of depriving any person or group of persons of access to education of any type or at any level ;

(b)Of limiting any person or group of persons to education of an interferer standard ;(c) …of establishing or maintaining separate educational systems or institutions…

{such systems are permitted for pupils of both genders, for religious or linguistic reasons, and private education is also permitted if its objects is not secure the exclusion of any group}.

Cont..(2) International Convention on the Elimination of all Forms of Racial

Discrimination (1965)• States Parties undertake to prohibit and eliminate racial discrimination in

all its forms and to guarantee the right of everyone, without distinction as to race ,colour, or national or ethnic origin, to equality before the law ,notably in the enjoyment of the following rights..

(v) The right to education and training.• States Parties undertake to adopt immediate and effective

measures ,particularly in the field of teaching ,education, culture and information , with a view to combating prejudices which lead to racial discrimination..

Cont…(3) Convention on the Elimination of all forms of Discrimination against Women

(1979)• Art .10: states Parties shall take all appropriate measures to eliminate

discrimination against women in order to ensure them equal rights with men in the field of education and in particular to ensure , on a basis of equality of men and women .

(b) Access to the same curricula , the same examinations ,teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging co-education..

(f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely,

(h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

Cont..

• Key reference :A. United Nations (UN):the International Bill of Human Rights consists of the Universal

Declaration of Human Rights (1948), and International Covenant on Economic, Social and Culture and Political Rights (1966)

B. The Convention on the Rights of the Child(CRC) Has prohibited additional grounds of discrimination , notably disability .

C. Council of Europe (COE) The European Convention on Human Rights(1950) lists and defines civil and political rights ,and its prohibition of discrimination was reinforced in 2000 through Protocol No12. the European Social Charter ( adopted in 1961 and last revised in 1996) deals with economic and social rights.

D. Organization of American States (OAS):The American Convention on Human Rights deals with civil and political rights ; the Protocol of San Salvador deals with economic and social rights.

E. Organization of African Unity (OAS):The African Charter on Human and People’s Rights deals with individual and collective , civil and political ,as well as economic and social rights.

Conclusion• In Islamic perspective , the Quran and Hadith clearly show that the

knowledge and education are essential for both men and women without any discrimination . Those who seek good knowledge and education will be granted Paradise and Angles will lower their wings for them with great pleasure , and forgiveness will be asked for them.

• The government of Malaysia clearly provides the provision about the right of education to all people without any discrimination. Its also shown with school syllabus provided by the education department.

• The equality of right to education also truly appreciated as a universal human right. it is proof when many international conventions against gender discrimination on the right to education were held.