A review and suggestions for revision

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UZBEKISTAN’S LAW ON EDUCATION: A REVIEW AND SUGGESTIONS FOR REVISION
5. Conceptual Framework for review of the Law 
For the analysis of the Law on Education in Uzbekistan, this paper uses a combination of various approaches, 
including the UNICEF-UNESCO conceptual framework on rights-based approach to education, Tomasevski 
(2001, and 2004)’s 4A’s scheme and ActionAid’s approach using “Promoting Rights in schools- Right to Edu-
cation project”. The conceptual frameworks available from these various approaches are presented here first. 
These conceptual frameworks can also be used while revising the Law, to identify how to improve current 
provisions.
a. The UNICEF-UNESCO (2007) framework
The UNICEF- UNESCO (2007) provides a conceptual framework for the rights-based approach to education 
that embodies three interlinked and interdependent dimensions
1
. This include: (a) the right of access to educa-
tion; (b) the right to quality education; and (c) the right to respect within the learning environment. The central 
elements of each of the three dimensions are provided below.
UNICEF-UNESCO (2007) Conceptual Framework on Rights-based approach to 
education
Dimensions
Elements
The Right of Access to 
Education 
• 
Education throughout all stages of childhood and beyond
• 
Availability and Accessibility of Education
• 
Equality of Opportunity
The Right to Quality 
Education
• 
A broad, relevant and inclusive curriculum
• 
Rights-based learning and assessment
• 
Child-friendly, safe and healthy environment
The Right to Respect in the 
learning environment
• 
Respect for Identity
• 
Respect for participation rights
• 
Respect for integrity
The right of access to education:
the right of every child to education on the basis of equality of opportunity 
and without discrimination on any grounds. To achieve this goal, education must be available for, accessible to 
and inclusive of all children. 
The right to quality education:
the right of every child to a quality education that enables him or her to fulfil 
his or her potential, realize opportunities for employment and develop life skills. To achieve this goal, educa-
tion needs to be child-centred, relevant and embrace a broad curriculum, and be appropriately resourced and 
monitored. 
The right to respect within the learning environment:
the right of every child to respect for her or his inherent 
dignity and to have her or his universal human rights respected within the education system. To achieve this 
goal, education must be provided in a way that is consistent with human rights, including equal respect for 
every child, opportunities for meaningful participation, freedom from all forms of violence, and respect for 
language, culture and religion.The UNICEF-UNESCO Conceptual framework highlights the need for a holistic 
approach to education, reflecting the universality and indivisibility of all human rights. The right of access to ed-
ucation comprises three elements: the provision of education throughout all stages of childhood and beyond, 
consistent with the “Education for All” goals, the provision of sufficient, accessible school places or learning 
1 This section is drawn from UNICEF-UNESCO (2007): “A Human Rights Based Approach for Education for All”

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UZBEKISTAN’S LAW ON EDUCATION: A REVIEW AND SUGGESTIONS FOR REVISION
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opportunities; and equality of opportunity. The right to quality education demands attention to the content of 
the curriculum, the nature of the teaching and the quality of learning environment. The right to respect in the 
learning environment suggests that the right to education must be understood as incorporating respect for 
children’s identity, their right to express their views on all matters of concerns to them, and their physical and 
personal integrity (UNICEF-UNESCO, 2007).
b. Tomasevski’s 4A’s Scheme
Katarina Tomasevski, the first UN Special Rapporteur on the right to education, had come up with a 4A’s 
Scheme for analyzing education policies which were later adopted by the Committee on Economic, Social and 
Cultural Rights in its General Comment 13 on the right to education (1999, para.6). Tomasevski (2001
2
and 
2004
3
) provides a conceptual framework that elaborates education rights from the point of view of students’ 
entitlements as well as another framework that summarizes governmental legal obligations under various 
international treaties. The individual rights to education and government obligations to provide education is 
summarized in a four-fold scheme by Tomasevski: to make education Available, Accessible, Acceptable and 
Adaptable – in short, they are represented as the “4A’s”.
Availability: 
In Tomasevski’s classification, availability encompasses three different types of rights to education: education 
as a civil/ political right; education as a social and economic right; and education as a cultural right. Civil and 
political rights to education is related to government’s permission to establish schools; the social and eco-
nomic rights requires government to ensure that free and compulsory education is available to all school-age 
children and education as a cultural right refers to respect to diversity and rights of minorities and indegenous 
people towards establishing education institutions and availing education of their choice.
Key international traties, including the Universal Declaration of Human Rights and the CRC reiterates the 
importance of provding free and compulsory education at least at the primary stage of education. Taking in to 
consideration varying country contexts, these international treaties provide countries to realize their Govern-
ment’s commitment to free and compulsory education in a progressive manner.
Accessibility: 
Accessibility in 4A’s scheme means equity and fairness in education. It refers to a child/individual’s right to 
have non-discriminatory treatment in all aspects of availing education. This means that the government has 
an obligation to ensure that all kinds of discriminations are eliminated. The first step in this direction is provid-
ing a legal basis for prohibiting any discrimination in education. However, this does not mean that all stages 
of education will be given equal priority. As Tomaseveski (2004) has outlined, free and compulsory education 
stage and age groups in that range should be a priority for government in ensuring gender, social, locational 
and other inequities. The provision of rights-to-education of these children is non-negotiatible and government 
should ensure all possible ways to ensure this. However, in many countries, elimination of many forms of dis-
crimination is affected by outdated laws and understanding of the issue. Children with disabilities are one such 
example. 
Acceptability:
Acceptability as a major area of education rights emphasizes non-compromise on the quality of education a 
child is entitled or the education that the government is obliged to provide. This means that not just education, 
but education of acceptability quality and inclusiveness is imporant. This also means respect for diversity (in-
cluding language of instruction, education contents etc.) and individual child’s dignity (discipline and abolition 
2 Tomasevski (2001): Human rights obligations: making education available, accessible, acceptable and adaptable. Right to education 
primers no. 3, Swedish International Development Cooperation Agency.
3 Tomasevski (2004): Manual on Rights-Based Education: Global Human Rights Requirements made Simple. UNESCO Bangkok.

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UZBEKISTAN’S LAW ON EDUCATION: A REVIEW AND SUGGESTIONS FOR REVISION
of corporal punishments) and providing children with relevant learning experiences without compromising on 
quality. As Tomasevaski (2004) outlined, ``acceptable standards of education are essential for achieving equali-
ty of access and elimination of discrimination in schools, as well as for establishing an environment within 
which every child can be offered the chance to develop to his or her own full potential.``
Adaptability:
Adoptability advocates for making education more contextual and addressing the specific needs and contexts. 
From an individual/child’s perspective, rights-based approach under the 4A’s include three main components: 
Right 
to
Education (RTE); Rights 
in
Education (RIE) and Rights 
through
Education. The