Ensuring Access to Education: The Fight for Children Rights

Ensuring Access to Education: The Fight for Children Rights

In December 2021, thousands of schoolchildren studying Islam as a subject in grades 6, 7, 10, and 11 were left without textbooks when the Commissioner-General of the Educational Publications Department ordered principals to stop distributing and recall the books. This sudden recall came after concerns were raised by the “One Country, One Law” Presidential Task Force, led by Ven Galagodaththe Gnansara Thera, about some of the contents in the textbooks. As a result, students across Sri Lanka were left without the resources they needed for their studies.

The decision to recall the textbooks was not only a disruption to students’ education but also a violation of their right to free education. The books, first published in 2015 and reprinted several times under the supervision of the Commissioner-General, had been used for years without issue. If there were any concerns about the content, it was the responsibility of the Commissioner-General to address them prior to the recall. However, rather than addressing the concerns through proper channels, the recall disrupted students’ studies, particularly during the middle of the academic year when they reasonably expected to have access to the books throughout the term.

On behalf of the affected students, the Centre for Justice (CfJ) filed a complaint with the Human Rights Commission of Sri Lanka (HRCSL). In a representation dated October 3, CfJ President Sahfy H. Ismail, supported by Senior Counsel Jiffriya Irshard, argued that the Presidential Task Force had no legal authority to review or modify textbooks. The complaint pointed out that the Ministry of Education and the Commissioner-General, not a foreign body, were responsible for formulating and reviewing school textbooks. The recall was seen as an unjustified decision that violated students’ rights to education and fairness.

Additionally, the delayed distribution of the amended textbooks—nine months after the recall—further deprived students of their right to free education. CfJ argued that the “minor adjustments” could have been made during the next reprint of the textbooks, or communicated to students without depriving them of the educational resources they needed.

The Centre for Justice highlighted that this decision was discriminatory, singling out textbooks for Islam while not similarly impacting other textbooks. The recall and subsequent delays in distribution left students without proper study materials during a critical time in their education.

After a prolonged wait, the Ministry of Education finally began distributing the revised textbooks in 2022, prioritizing grades 10 and 11 ahead of the O-Level exams. While private sector printers managed to fulfill the orders, the distribution was delayed due to restrictions on paper imports affecting public printers. However, thanks to the efforts of CfJ and the HRCSL complaint, students finally received the textbooks they had been deprived of for months.

This case stands as a testament to the importance of defending the right to education and ensuring that government actions do not unjustly impact vulnerable students. CfJ’s intervention helped secure the rights of thousands of students and highlighted the need for accountability in education policy.