Applicability of the internacional protocol on economic, social and cultural rights: right to education in Afghanistan

Abstract

The purpose of this research is to analyze the applicability of the International Covenant on Economic, Social and Cultural Rights, specifically, in the context of the human right to education in Afghanistan, which is one of the rights that make up the catalog of the Covenant. This right has been widely criticized because the rights enshrined in it (second generation rights) are considered by the doctrine as “costly”, “rights of provision” and, because of this nature, the intervention of the State is undoubtedly required to provide them, even in their most basic manifestation. Unlike the first-generation rights found in the International Covenant on Civil and Political Rights, the aim is the freedom of individuals and non-interventionism on the part of the State. A descriptive methodology is used with a qualitative approach in the review of documents and the use of theoretical methods such as analytical, synthetic and inductive-deductive. The results show that Afghanistan is one of the countries that has signed and ratified the ESCR Covenant, however, the lack of a complete and equal education system for men and women violates the provisions of the International Covenant on Economic, Social and Cultural Rights, since it is not only impossible to speak of a secular education, but also of an equal education for both sexes, which brings with it several violations of human rights.