No child should be priced out of education

Ronald Takudzwa Sambona
Correspondent
ACCORDING to Professor Osita Eze, “Human rights represent demands or claims which individuals or groups make on society, some of which are protected by law, while others remain aspirations to be attained in future.”
The right to education, as we understand it today is deeply rooted in the concept of Second Generation Rights.
This generational framework was first articulated by Vasak, who proposed that human rights evolve in three distinct waves: liberty (liberté), equality (égalité), and solidarity (fraternité), often symbolised by the colours blue, red, and green, respectively.
Although rights such as education are considered inalienable and inviolable – beyond the reach of any law to nullify – the reality is more complex.
For many individuals and communities, education remains a distant aspiration, a privilege rather than a guarantee.
Is this persistent gap the result of limited understanding of human rights law, ongoing societal inequities, or an interplay of both?
The question lingers, challenging us to reflect on what must change for the right to education to be truly universal.
Perhaps it is the persistent misunderstanding of education’s status as a fundamental human right that continues to fuel discrimination and abuse in educational contexts.
With humility, I offer the following perspective. Education, classified as a Second Generation Right, is by definition inalienable and inviolable – no act of legislation can lawfully revoke it.
Scholars describe these equality rights as encompassing economic, social, and cultural dimensions, each designed to promote true social justice.
Unlike negative rights, which limit Government interference, education is a positive right: it calls upon the State to take affirmative steps to empower its people.
As one commentator aptly puts it: “They are programmatic clauses, obligating governments and legislatures to pursue social policies, but do not create individual claims. They require the affirmative action of Government for their implementation.”
Thus, while individuals may not have the means to litigate for educational shortcomings, the law nonetheless places a profound duty on the Government to make quality education broadly accessible, to the fullest extent its resources allow, as explicitly guaranteed in Sections 27 and 75 of the Constitution of Zimbabwe (2013).
Is it the denial of equality within our society that stands in the way of our people’s education?
If so, I invite you to consider my reasoning.
The Universal Declaration of Human Rights (UDHR) proclaims in its Preamble that the inherent dignity and the equal and inalienable rights of all members of the human family are the bedrock of freedom, justice, and peace.
Article 26 affirms that everyone has the right to education – free and compulsory at least at the elementary and fundamental levels – and that education must aim for the full development of the human personality, fostering respect for human rights and fundamental freedoms.
It must encourage understanding, tolerance, and friendship among all nations, races, and religions, and support the United Nations’ efforts to maintain peace. Furthermore, Article 7 asserts that all are equal before the law and are entitled, without discrimination, to equal protection under the law.
We may attempt to cloak ourselves in ignorance or turn a blind eye to equality. The law regarding education stands resolute – clear in its intent, broad in its reach, and unwavering in its mandate.
The responsibility now lies squarely on our shoulders – as brothers and sisters, as students and advocates – to ensure that education is not merely a distant hope, but a living reality for our people.
Frederick Douglass powerfully reminded us: “Power concedes nothing without demand. It never did and it never will.”
Let us rise to this challenge, united in purpose, and demand the education that justice requires and progress demands, wherever we stand.
Thank you! I rest my case.

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