59. There is general consensus that the rights captured under these Articles are sufficiently
covered by the broad provisions of the Constitution. The Commission that developed the
CCPJA indicates that upon consideration of the provisions of the Constitution, the
Commission was convinced that there was no need for specific legislation covering what had
already and sufficiently covered.
60. The emerging challenge regarding the rights have arisen with respect to the potential and
actual conflict between religion and public health regarding the refusal of some parents to
have children vaccinated or treated medically on account of religious beliefs.
Article 11: Education
1. Every child shall have the right to an education.
2. The education of the child shall be directed to:
(a) the promotion and development of the child's personality, talents and mental and physical abilities to
their fullest potential;
(b) fostering respect for human rights and fundamental freedoms with particular reference to those set out
in the provisions of various African instruments on human and peoples' rights and international human
rights declarations and conventions;
(c) the preservation and strengthening of positive African morals, traditional values and cultures;
(d) the preparation of the child for responsible life in a free society, in the spirit of understanding tolerance,
dialogue, mutual respect and friendship among all peoples ethnic, tribal and religious groups;
(e) the preservation of national independence and territorial integrity;
(f) the promotion and achievements of African Unity and Solidarity;
(g) the development of respect for the environment and natural resources;
(h) the promotion of the child's understanding of primary health care.
3. States Parties to the present Charter shall take all appropriate measures with a view to achieving the full
realization of this right and shall in particular:
(a) provide free and compulsory basic education;
(b) encourage the development of secondary education in its different forms and to progressively make it
free and accessible to all;
(c) make the higher education accessible to all on the basis of capacity and ability by every appropriate
means;
(d) take measures to encourage regular attendance at schools and the reduction of drop-out rates;
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