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Concerning the right to Education, Article 13 of the said Convention puts
emphasis on:
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The need to ensure that primary education is compulsory and free for
all;
The need to ensure that education in all its forms is easily accessible to
all;
The need to encourage higher education and to facilitate access to it
for everyone according to their means;
The need to encourage and intensify basic education in the case of
individuals who have not been able to benefit from the entire primary
education cycle or who did not complete it.
There is conformity between the national positive law and the above mentioned
instruments in general and the African Charter on Human and Peoples’ Rights in
particluar.
The 16th February 1959 Constitution, while recognising the human values based
on the respect for human rights, proclaims in its preamble that: « The State and the
Local Authorities have the responsibility of creating the necessary conditions and
public institutions which guarantee the education of the children. Provision
should be made for the education of the youth by public schools. Their
establishment is the responsibility of both the State and the Local Authorities ».
The 26th November 1964 Constitution, in its Article 7, parag.3 stipulates: « The
State and the Local Authorities have the right and responsibility to create public
institutions guaranteeing the education of the children ».
The imperial Constitution of the 4th December 1976 proclaims in its preamble:
« Everyone has a right to gain access to the sources of knowledge. The State
guarantees to both child and adult legal access to education, to professional
training and to culture. It has the responsibility of providing free and neutral
public education ».
The 5th February 1981 Constitution, in its Article 3, parag.2 stipulates:
« Everyone has the right to gain access to the sources of knowledge. The
Republic guarantees to both child and adult access to education, to professional
training and to culture. .. ».
The preamble to the Constitution of the 28th November 1986 solemnly proclaims
its attachment to the right to education and culture in the following terms: « access to
education is an indefeasible right to which each citizen should benefit freely in
order to be able to contribute to the development of the entire country »
The Constitution of the 14th January 1995 in its Article 7 stipulates: « everyone
has the right to gain access to the sources of knowledge. The Republic
guarantees to both child and adult access to education and professional training.
Provision should be made for the education and instruction of the youth by the
public institutions … . »
The Constitution of the 27th December 2004, in its Article 7 stipulates:
« everyone has the right to gain access to the sources of knowledge. The State