La protezione del diritto all’istruzione nei conflitti armati

The disruption of the right to education during armed conflict has long-term consequences on durable peace, security and development. To respond to this challenge, the international community’s attention has been increasingly focused on protecting the right to education in war situations, as demonstrated by several initiatives promoted by the UN, NGOs and advocacy networks. So far, the scholarly debate has addressed the topic in a piecemeal fashion, focusing mainly on child soldiers and the military use of schools. Hence, the international legal framework regulating the protection of education in conflict situations has not received enough attention. The paper endeavours to fill this gap by elucidating how the interplay between International Humanitarian Law and Human Rights Law should contribute to protecting education in armed conflict. The study submits that the complementary application of IHL and HRL is pivotal to identifying the precise obligations of actors involved in armed conflict. Moreover, the positive duty to foster the continuation of education is crucial to guarantee the effectiveness of the right to education in war scenarios, especially as it concerns children’s primary education.