Geneva/United Nations – 31 August – 02 September 2026
OIDEL actively participated in the second session of the Open-Ended Intergovernmental Working Group (OE-IGWG) on an Optional Protocol to the Convention on the Rights of the Child (CRC) concerning pre-primary and secondary education, held at the Palais des Nations in Geneva from 31 August to 2 September 2026.
Represented by its Director, Ignasi Grau, and its Principal Representative, Josyane Zingg, OIDEL delivered two oral statements expressing significant legal and policy concerns regarding the draft “Key Principles” proposed by the Chair-Rapporteur.
In particular, OIDEL voiced its strong opposition to the introduction of the adjective “public” into the draft principles (for example, in establishing the right to “free public education”). In their interventions before the Working Group, OIDEL’s representatives highlighted that:
- Legal integrity and non-revision: Introducing the word “public” contradicts the mandate set out in Principle 2, which calls for the CRC neither to be revised nor duplicated. The core treaties guarantee the right to free education without restricting it exclusively to state institutions.
- Narrowing of States’ obligations: Restricting free education solely to “public” education narrows the scope of States’ responsibilities and creates an obligation of a different nature from that established under existing international standards.
- Threat to pluralism and freedom of choice: Parental rights, educational pluralism, and civil society initiatives are central pillars of the CRC. Limiting State support exclusively to public institutions threatens freedom of education and risks marginalising non-majority groups, including national minorities and Indigenous peoples, who rely on non-governmental education adapted to their cultural context.
- Legal ambiguity: The term “public” varies considerably across different national legal traditions, creating a risk of fragmented interpretation and implementation worldwide.
OIDEL urged the Working Group to remove the word “public” in order to safeguard parental choice, uphold freedom of education, and preserve the integrity of the original CRC framework.
Outcome of the Meeting
The Working Group concluded its second session with the adoption of a draft set of recommendations extending informal and intersectoral consultations among Member States and civil society. These outcomes ensure that the Key Principles — as well as the various concerns raised regarding their substantive legal framework — will be subject to further analysis before any final draft of the Optional Protocol is formalised.
The next session will take place in October 2027.
OIDEL reaffirms its commitment to participating in these forthcoming intersectoral dialogues to defend pluralism, children’s rights, and freedom of education in accordance with international law.
