The Right to Education as a Fundamental Human Right: Legal Gaps and Enforcement Challenges for Rohingya Women and Children in Cox’s Bazar, Bangladesh

Abstract

The right to education is universally recognized as a fundamental human right under major international legal instruments, including the Universal Declaration of Human Rights (UDHR), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite these protections, Rohingya women and children living in the refugee camps of Cox’s Bazar, Bangladesh, continue to face significant barriers to accessing equitable and quality education. This study critically examines the legal, policy, and socio-structural challenges affecting the realization of this right. Employing a qualitative multi-method approach that integrates doctrinal legal analysis with socio-legal inquiry, the research evaluates international human rights obligations, domestic legal frameworks, and the practical realities within refugee camp settings. The findings reveal substantial gaps between Bangladesh’s international commitments and the absence of explicit domestic legal protections for refugees, resulting in weak enforcement mechanisms and limited educational access. The study further identifies key barriers, including policy inconsistencies, inadequate institutional coordination, gender-based discrimination, early marriage, language constraints, and exclusion of children with disabilities. Although community-based and non-formal educational initiatives, such as Home Schools and the Learning Competency Framework and Approach (LCFA), have partially addressed these challenges, their effectiveness remains constrained by limited legal recognition and unsustainable funding structures. The article argues for comprehensive legal reform, stronger policy harmonization, and inclusive, gender-sensitive educational interventions to ensure the effective realization of the right to education for Rohingya women and children.