DIGITAL INCLUSION

Equal Access to Education in the Digital Age

The Covid 19 pandemic has accelerated the transition to digital education which shows great potential. It simultaneously threatens to increase the inequality gap as less fortunate communities do not have access to the technologies that make digital learning possible.

By Signe Wolf Børm

April 11, 2021

Julio Cesar Gonzales Becerra

The issue of education during a pandemic

Society today finds itself in an era of digital revolution with technologies promising a more efficient and effective society. During the Covid-19 pandemic, we depended on the digital world to maintain societal interests, such as education. In order to hinder the virus from spreading too rapidly and thereby getting out of control, national authorities have shifted to the online sphere. Irrespective of national governments actions to move education online, it should be questioned whether ethical standards are upheld and in this context examine whether human rights are honored, specifically the right to education.

Definition and legal context 

Digital human rights encompass the idea that human rights must be respected in a digital environment, i.e. it can be considered an extension of the ´´traditional  definition of human rights´´, to the digital environment. Considering the right to access in light of the Covid-19 pandemic such rights now also include the right to education, as this today largely takes place digitally to stop the spread of the coronavirus. In this connection, the following question arises; does the fact that education is now conducted online affect students and their human rights specifically the right to education? This question is essential since education has been moved ; online it is possible that we exclude a part of the population, resulting in societal inequality being reinforced through the failure to grant universal access to the digital world. Digital rights should therefore be considered a fundamental right as it lays the base of the right to exercise a number of other human rights. 

It should firstly be noted, that the right to education is ensured in a number of international and Regional Treaties, amongst those being the Convention on the Rights of the Child (general Comment No.13), the Universal Declaration of Human Rights (Article 26), the European Charter of Human Rights (Article 2 Protocol 1), and the African Charter on the Rights and Welfare of the Child (Article 11). This means that ratifying states should ensure access to education is granted in all parts of society and as the Committee on Economic, Social and Cultural Rights has stated, education in all forms and on all levels shall be: available, accessible, acceptable, and adaptable. This clearly illustrates that where this is not the case, measures must be taken to ensure such.

Solutions to ensure education for all

One may assume that a stable internet connection is a given in our modern world however this is far from the truth. Access to education has become increasingly difficult during the pandemic but it is particularly the most vulnerable that suffer, which leads to an increased risk of school dropouts. Overall, we are facing an increasing gap between positive learning outcomes, as well as a generation of students with serious deficits in their education. It is clear that states have struggled to respond to Covid at a pace matching the speed with which the pandemic developed. A number of initiatives have already been taken to combat the issue however, greater measures on an international scale are required. One solution to the issue could be the creation of a treaty on the right of everyone in the digital age. Such a solution would encompass the need to include technological changes of this era and the societal changes this brings about into the fundamental rights framework.

Conclusion

Overall, it has become clear that the digitalization of education might be the future of learning as it may afford some individuals with greater opportunity and easier access to education. It has simultaneously made it more difficult for particularly vulnerable individuals to access education. Resources not being accessible to students and difficulties for educators to carry out their work will most likely lead to an educational gap in the future. A gap which must be limited by ensuring equal access to education. This necessitates consideration as to how the right to education can be ensured. One option worth considering is a Treaty on Digital Human Rights.

Considering this, in the context of the ongoing pandemic, it is necessary to work towards ensuring all students have access to the resources necessary to obtain their education, including laptops, the internet and in some cases even electricity. 

Signe Wolf Børm is completing her Master's degrees in International Technology law at the Vrije Universitet Amsterdam and in European Competition Law and Regulation at the University of Amsterdam. As an undergraduate, she studied European Law at Maastricht University. Through her studies and internships she has specialized within the field of technology and law. She has moreover applied her legal background in the development of the Digital Human Rights Lawyer at the Public and International Law and Policy Group.