A ‘right to lifelong learning’ within a broad framework on the right to education and its implications.

 

The term ‘lifelong learning’ appears for the first and only time in an international legally binding instrument, in the CRPD. Its article 24 (1) provides that in ‘realising [the right of persons with disabilities to education] without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and lifelong learning […]’. Today, the discussion has increasingly turned to recognizing a ‘right to lifelong learning’ as referred to in the CONFINTEA VII Marrakech Framework for Action. Whether this can be framed as relating to an entirely new right or an extension of the existing right to education is yet to be clarified. During the consultative process it was revealed that the traditional view of education as aimed at children and young people is not sufficient. Some felt that consolidating our understanding of lifelong learning as part and parcel of the right to education would be a way to acknowledge this conceptual shift, while building on the strength of existing frameworks. Another approach may be to enshrine the right to lifelong learning in a new treaty or add this perspective to an existing instrument. Regardless, the nature of our perspective on education has changed. As was affirmed during the consultative process: education is no longer seen as preparation for life but is life itself. In the same vein, OCA Policy Brief 10 posits that education systems should be geared beyond preparing children and young people for their adult life, towards supporting them and learners of all ages to acquire the capacities to learn throughout their lives. The consultative process highlighted the need to build an accepted common understanding of lifelong learning as a universal human right to shift government priorities. It was suggested that the financing of lifelong learning is not only a problem of lack of resources, but also of prioritization – the resources are there, but must be allocated effectively. This paper therefore seeks to outline some specific entitlements for right-holders and obligations for duty-bearers.

It is possible to loosely identify two groupings of lifelong learning perspectives in the literature. First, an expansive view of lifelong learning, as learning that happens at all ages and is ‘life-wide’, occurring across a variety of settings, as per UNESCO’s International Commission on the Futures ofEducation (2021). It could be also described as an ‘existential-continuous process involving a lifelong biological transformation’ (UNESCO-UIL, 2016, p. 4). In this expansive view, a right to lifelong learning has implications for all levels of society and collective life, for: … communities, cities, villages and towns, for our national ethos and cultural systems, and for our regional and international communities. Work, caretaking, leisure, artistic pursuits, cultural practices, sports, civic and community life, social action, infrastructure, digital and media engagement – these are all potentially educative, pedagogical, and meaningful learning opportunities for our shared futures, among countless others. (International Commission on the Futures of Education, 2021). Conversely, a second, narrower view of lifelong learning might limit its scope to particular levels, modalities or spaces of education, such as early learning, foundational education and literacy for adults, TVET or education for age ranges that fall outside traditional schooling (i.e. very young children or adults). UNESCO-UIL (2016, p.4) describes literature purporting a narrower view as describing a ‘functional-episodic process’, discipline-bound and orientated towards competences and learning outcomes for work-related purposes. With the Education 2030 Framework for Action, the more expansive view has generally surpassed the narrow view. It is now generally accepted that lifelong learning goes beyond, for example, adult education, or skilling, reskilling and upskilling workers for the labour market. However, the more expansive view is problematic from a rights perspective as it is difficult to lay down specific duties for States as to its proper implementation when learning is happening sometimes spontaneously, and in such diverse settings. A right would be quite meaningless if it did not impute on States obligations that they are bound to respect

Implementing a ‘right to lifelong learning’ or ‘right to education throughout life’ 

Implementing the entitlements and obligations implied by a ‘right to lifelong learning’ could be pursued in different ways. The first is to consider the right to lifelong learning as already finding sufficient normative bases in the existing international human rights instruments (Singh, 2016). For example, the CADE lays down obligations relating to continuing education, as does ICESCR and there is already a right to fundamental education for all ages, including the elderly. Furthermore, the normative foundation already exists within the 4As framework for implementing the right to education (accessibility, availability, acceptability and adaptability) which applies throughout life. Hence, to emphasize the lifelong aspect of the right to education, a first option, might be to simply updating common terminology and redefining the right to education as a ‘right to education, learning and training’ as described by the Special Rapporteur on the right to education (Singh, 2016).

A second option is to consider the right to lifelong learning as a specific component within the framework of the right to education. This would have the benefit of bringing more attention to the value of continuous learning entitlements, rather than seeing them as a secondary priority after school education. A new or revised normative instrument that clearly defines State obligations as to lifelong learning would then provide clarity. If this option is considered, care must be taken that an isolated ‘right to lifelong learning’ is not to have the effect of supplanting or substituting the existing right to education, which has clear definitions, components and State obligations that have been developed over many years to provide a wide net of protection for learners. A separate right to lifelong learning must harmonize with the current system of rights by supporting a pathway approach for learners throughout their lives. The RALE provides thorough guidance on adult learning and education, which could be developed further into a legally-binding document.