Realising the right to education in Lesotho

Abstract

The enjoyment of life depends on a minimum level of education including literacy. As one of the socio-economic rights, the right to education must be fully realised in order to empower great majority of people out there who are still facing social injustice. This study focuses on the right to education in Lesotho. The extent to which this country has incorporated socio-economic rights, specifically the right to education, is explored. The mechanisms through which the said right is turned into reality; the challenges such right entails and the approach taken by the government are also looked at. As a signatory to many human rights instruments, Lesotho is charged with an obligation of realising socio-economic rights. One of the many international law obligations facing Lesotho emanates from the provisions of International Covenant on Economic, Social and Cultural Rights (ICESCR). Article 13 provides that state parties must recognise the right to education. Member states, as further provided, also agree that education shall be 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 freedoms. The above provisions are read with article 2(1) of the same Covenant with respect to the domestic implementation of the socio-economic rights in the ICESCR. Having analysed what is expected of Lesotho internationally to realise the right to education by looking at the provisions of the ICESCR and the General Comments of the Committee on ESCR, assessment is made as to whether the current measures adopted by the Lesotho government on working towards realising the right in question comply with the international requirements. The survey then concludes that there is a lot that needs to be done in Lesotho in the area of socio-economic rights. It has been recommended that India and South African jurisprudence can be of great importance to Lesotho for purposes of making laws which will give socio-economic rights teeth.