of the right to education in national multicultural contexts; and,
secondly, to contribute, from a sociological perspective, to the
debates concerning human rights generally (Morris, 2006), and the
right to education specifically.

Universality and Access

In order to develop the argument, it is essential to quote Article 28
in full.

Article 28

States Parties recognise the right of the child to education, and
with a view to achieving this right progressively and on the basis of
equality of opportunity, they shall, in particular:

a) Make primary education compulsory and available free to
all

b) Encourage the development of different forms of
secondary education, including general and vocational
education, make them available and accessible ... and
take appropriate measures such as the introduction of free
education and ... financial assistance

c) Make higher education accessible to all on the basis of
capacity

d) Make educational and vocational information and guidance
available and accessible to all children

e) Take measures to encourage regular attendance at
schools and the reduction of drop-out rates

Article 28 of the CRC is the systemic access right. It presupposes
and normalises the existence of, or movement towards, an
educational system composed of a structure of educational
institutions, divided into the familiar three phases of primary,
secondary, and post-compulsory/higher education, and with
progression through the three phases. It also presupposes forms
of educational governance which enable the state to ensure

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