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Key Issues The RTE Act will be in force from 1 April.

Draft Model Rules have been shared with states, which are required to formulate their state rules and have them notified as early as possible. RTE provides a ripe platform to reach the unreached, with specific provisions for disadvantaged groups, such as child labourers, migrant children, children with special needs, or those who have a disadvantage owing to social, cultural economical, geographical, linguistic, gender or such other factor. RTE focuses on the quality of teaching and learning, which requires accelerated efforts and substantial reforms. Creative and sustained initiatives are crucial to train more than one million new and untrained teachers within the next five years and to reinforce the skills of existing teachers to ensure child-friendly education. Bringing eight million out-of-school children into classes at the age appropriate level with the support to stay in school and succeed poses a major challenge. Substantial efforts are essential to eliminate disparities and ensure quality with equity. For example, investing in preschool is a key strategy. Families and communities also have a large role to play to ensure child-friendly education for each and every one of the estimated 190 million girls and boys in India who should be in elementary school today. School Management Committees, made up of parents, local authorities, teachers and children themselves, will need support to form School Development Plans and monitoring. The inclusion of 50 per cent women and parents of children from disadvantaged groups in these committees should help overcome past disparities.

The right to education has been universally recognised since the Universal Declaration of Human Rights in 1948 (though referred to by the ILO as early as the 1920s) and has since been enshrined in various international conventions, national constitutions and development plans. However, while the vast majority of countries have signed up to, and ratified, international conventions (such as the UN Convention on the Rights of the Child) far fewer have integrated these rights into their national constitutions or provided the legislative and administrative frameworks to ensure that these rights are realised in practice. In some cases the right exists along with the assumption that the user should pay for this right, undermining the very concept of a right. In others, the right exists in theory but there is no capacity to implement this right in practice. Inevitably, a lack of government support for the right to education hits the poorest hardest. Today, the right to education is still denied to millions around the world. As well as being a right in itself, the right to education is also an enabling right. Education creates the voice through which rights can be claimed and protected, and without education people lack the capacity to achieve valuable functionings as part of the living. If people have access to education they can develop the skills, capacity and confidence to secure other rights. Education gives people the ability to access information detailing the range of rights that they hold, and governments obligations. It supports people to develop the communication skills to demand these rights, the confidence to speak in a variety of forums, and the ability to negotiate with a wide range of government officials and power holders The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all[1], an obligation to develop secondary education accessible to all, in particular by the progressive introduction of free secondary education[2], as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education.[3] The right to education also includes a responsibility to provide basic education for individuals who have not completed primary education. In addition to these access to education provisions, the right to education encompasses the obligation to rule out discrimination at all levels of the educational system, to set minimum standards and to improve quality of education.

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