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The use of schools and universities for military purposes in armed conflicts – the need for action

0000-0003-2671-8507

the right to education civil objects the protection of cultural property Lucens Guidelines Safe Schools Declaration

The issues relate to the relationship between the right to education, as one of the fundamental human rights which is not subject to derogation, and to not only attacking schools and other educational and scientific units but also their usage for military purposes by both state armed forces and non-government military groups. Both the provisions of the basic acts of international human rights law on ensuring the right to education for everyone, and the regulation of international humanitarian law are of great importance to this issue. The Geneva Conventions on the Protection of Victims of War clearly impose an obligation on parties to armed conflicts to provide, in particular, children under 15 years of age with conditions in which education and upbringing following tradition are possible. Education should not be interrupted just because an armed conflict is ongoing, as it is essential especially in this tough and exceptional situation. To this end, and to ensure children and students’ safety, all facilities intended for education and study should be protected against attacks. What is more, because of the frequent violations and the use of educational and scientific facilities for military purposes, the international community has taken the position of an undertaking, a political instrument, of such actions which would limit both attacks on schools and universities and using them for military purposes. This is to be ensured through the implementation of the Lucens Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict and the Safe Schools Declaration, which was accepted by most UN Member States.

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

10.34616/fiuw.2020.2.150.168

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