The right to education and care in early childhood: Perspectives from Latin America

Abstract

Thus, this study seeks to delve into understanding the existing early childhood education policies and legislation in Latin America and the Caribbean, as well as its financing and justiciability processes, identifying progress and also challenges involved in the realization of the human right to education of young children. At the same time, it seeks to understand how the principles and purpose of education enshrined in the CRC and its General Comments, appear in those education public policies and legislations. Through a better understanding, we hope to be able to contribute to the full acknowledgment of children as holders of rights and the recognition of early childhood education as a fundamental human right. For research purposes, we used the concept of early childhood set out in General Comment Nº 7, i.e., aged 0 to 8. Additionally, the analytical approach used in this study is a human rights-based approach rooted in international human rights instruments, from a normative point of view, and, committed to respect, protect and realize human rights, from an operational point of view. As analytical reference, it uses what the Committee on Economic, Social and Cultural Rights (ESCR, 1999) sets out in its General Comment Nº 13: “... education, in all its forms and at all levels shall exhibit the following interrelated features: Availability, accessibility, acceptability and adaptability.” This study is focused on the analysis of national legislations and public policies in force (particularly general education laws) in 10 countries of the region: Mexico, Cuba, Dominican Republic, Costa Rica, El Salvador, Honduras, Argentina, Bolivia, Brazil and Colombia.