Previous Year Question

The right to education, the right to equal access to public service and the right to food are all recognised under the Universal Declaration of Human Rights, 1948.

The United Nations General Assembly adopted the Declaration in Paris on 10 December 1948 through Resolution 217 A (III). It contains 30 Articles.

1. Right to education—Article 26

Article 26 of the UDHR recognises the right of everyone to education.

• Education at the elementary and fundamental stages should be free.

• Elementary education should be compulsory.

• Technical and professional education should be made generally available.

• Higher education should be equally accessible to all based on merit.

• Education should promote the full development of the human personality and respect for human rights and fundamental freedoms.

• Parents have a prior right to choose the kind of education given to their children.

In India, Article 21A makes education a Fundamental Right for children between six and fourteen years of age. It is implemented through the Right of Children to Free and Compulsory Education Act, 2009.

2. Equal access to public service—Article 21(2)

Article 21(2) of the UDHR provides that everyone has the right to equal access to public service in their country.

Its object is to prevent arbitrary discrimination and ensure equal opportunity in access to public offices and services.

Related provisions of the Indian Constitution include:

• Article 14: Equality before law and equal protection of the laws.

• Article 16: Equality of opportunity in matters of public employment and appointment under the State.

Equal access does not mean that every person has an unconditional right to obtain a public post. It means equal opportunity subject to eligibility requirements, law and constitutional provisions.

3. Right to food—Article 25

Article 25 recognises the right of everyone to an adequate standard of living for their health and well-being and that of their family. It expressly includes:

• Food

• Clothing

• Housing

• Medical care

• Necessary social services

It also recognises social security in circumstances such as unemployment, sickness, disability, widowhood, old age or other lack of livelihood.

Important Indian constitutional and statutory provisions relating to food and nutrition include:

• Article 21: Right to life and personal liberty.

• Article 47: Duty of the State to raise the level of nutrition and improve public health.

• National Food Security Act, 2013: Provides subsidised foodgrains to eligible persons and nutritional entitlements for women and children.

Legal nature of the UDHR

The UDHR is not itself a treaty and was not originally adopted as directly binding international law. Nevertheless, it became the foundational document for subsequent human-rights treaties, national constitutions and international human-rights standards.