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Article 17: The Right to Education
I. Every individual shall have the right to Education.
2. Every individual may freely take part in the cultural life of his Community.
3. The promotion and protection of morals and traditional values recognized by the Community shall be the
duty of the State within the context of the protection of human rights.
17.1. Legal Framework
Education as a human right is recognized by the Republic of Burundi and the instruments of
Burundian legislation indicate this. In effect Article 19 of the Constitution of the Republic stipulates
that: « The rights and responsibilities proclaimed and guaranteed, among other things, by the
Universal Declaration of Human Rights, by the International Human Rights Conventions, the
Convention on the Elimination of all forms Discrimination Against Women and the Convention on the
Rights of the Child constitute an integral part of the Constitution of the Republic of Burundi. These
fundamental rights are subject to neither restriction nor dispensation except under certain
circumstances justifiable by the general interest or for reasons of protection of a fundamental right».
Article 52 of the Constitution recognizes the fact of being able to obtain satisfaction of the social
rights among which Education is the most important since it provides the possibility for one to
demand the other rights. « Every individual is justified in obtaining the satisfaction of the economic,
social and cultural rights essential for his dignity and for the free development of his person aided by
the national effort and in the light of the country’s resources ».
Article 53 further clarifies: « Every citizen has a right to equal access to instruction, education and
culture. The State has the responsibility of organizing public education and of promoting access to it.
Nonetheless, the right to open private schools is guaranteed by the conditions established by the
law».
The legal instruments, the most important of which constitute the Decree-Law n°1/025 of 13 July
1989 on the re-organization of the Education System in Burundi as amended by Decree-Law n° 1/36
of 18 September 2002 and Decree n° 100/121 of 30 November 2005 on the re-organization of the
National Ministry of Education and Culture in the Articles relative to general mandates also recognize
the right to education and recommend, among other things: