International guarantees of the right to education and implementation challenges in national jurisdictions: drafting a new Optional Protocol to the CRC

Abstract

This article examines the progressive development of international law regarding the consolidation of a child's right to education, as well as the progress of UN member states in drafting an Optional Protocol (OP) to the 1989 Convention on the Rights of the Child on this matter. The purpose of the study is to assess the legal significance of adopting such an OP, identify gaps in the Convention concerning the completeness of guarantees for the right to education, and systematize the positions of states regarding the realization of this right and the implementation of international standards within national legal systems. Conclusions. The study establishes that, despite the inclusion of the right to education in Articles 28 and 29 of the Convention, the existing provisions do not provide sufficient detail regarding guarantees and monitoring mechanisms, which necessitates a specific Optional Protocol. Key gaps in the Convention have been identified, particularly the insufficient regulation of indirect barriers to education (such as costs for transportation, uniforms, learning materials, and meals), as well as issues of inclusivity and monitoring systems. The research demonstrates a heterogeneity in state approaches: alongside active measures to expand guarantees, a number of countries show restraint due to the associated administrative and financial burdens. It is concluded that the effectiveness of implementing international guarantees in national legal systems depends on integrating these obligations into state strategies, ensuring their budgetary support, and establishing transparent monitoring mechanisms, including the consideration of recommendations from UN treaty bodies, while respecting national interests and state sovereignty in the field of education. The article also evaluates the risks for states in adopting the OP and highlights contentious provisions that require broader expert discussion.