The Right to Education under International Human Rights Law: A Critical Analysis of Pakistan’s Compliance and Challenges

Abstract

The right to education is a fundamental human right. It is firmly embedded within international law. This right is also recognized as an enabling right. It acts as a multiplier. It facilitates the exercise of other civil, political, economic, and social rights. This article has attempted to present a rigorous critical analysis. In this context, it examines the robust legal foundations of this right within international human rights law. The paper then provides a detailed assessment of Pakistan's compliance. The analysis particularly focuses on the period following the landmark 18th Constitutional Amendment of 2010. This constitutional change made the right to free and compulsory education justiciable for the first time. The assessment employs the established 4-A conceptual framework. This framework evaluates the right through the pillars of Availability, Accessibility, Acceptability, and Adaptability. The findings have in fact reveals a profound and persistent implementation gap(s). In the context, systemic barriers continue to define the educational landscape in Pakistan. These observed barriers include: i) chronic and deliberate underfunding, ii) deep-seated gender discrimination, and iii) a deliberately fragmented tripartite school system. The article has concluded that legislative and constitutional reform, though necessary, would remain entirely insufficient. The meaningful realization of this right in Pakistan, therefore, demands transformative policy shifts. It moreover requires a radical reallocation of national resources. It also necessitates a direct confrontation with entrenched social and economic inequities. The state must transition from a posture of declaratory commitment to one of actionable obligation.

Keywords: Right to Education, International Human Rights Law, Pakistan.

https://doi.org/10.5281/zenodo.18061173