Third of a series of four postings, courtesy of IntLawGrrls (May 5, 2016).
‘I felt that humanity has ended. I mean, a place of learning, to be hit in this way, without warning… where is humanity? …It is supposed to be illegal in any war to strike such places…’ Director of al-Shaymeh School, Hodeidah, Yemen (as cited in ‘Our kids are bombed’ Schools under attack in Yemen (Amnesty International, 11th December 2015), 17).
Held there is a widely held supposition: the multifarious spaces of lower and higher learningare supposedly inviolable from acts of violence. Such spaces are, after all, holders of embodied rights-bearers, principally learners, and their multidimensional right to education. Thus viewed inviolability is three-dimensional: spatial, bodily and inner. So too is the right as expressed in international law: the human rights treaty and Charter bodies (and eminent scholars) have illuminated the right as multi-dimensional, encompassing multiple composite rights ‘to’, ‘in’ and ‘through’ education. And it is of continuing applicability at the shift from ordinary to extraordinary ‘embodied vulnerability’ to hurt and harm. The right has been invoked by those same bodies within the converging contexts of emergencies, threats to international and peace and security and non/international armed conflicts. Too often attacks on spaces of learning (and the embodied rights-holders within) form part of this vulnerability shift.
Of course it is the egregious acts of violence that capture attention—the bodily hurt and harm. Yet some attacks on spaces of learning may be viewed as less about incursions of spatial and bodily inviolability and more about incursions of inner inviolability: the creative (thinking, feeling) embodied self. The attack is targeted. And the target of the attack is education itself: the containment of thought part of the targeted hurt and harm. Or more accurately, the containment of thought by distinction—on the basis of protected aspects of our innermost identity. In other words it is specific (and age-old) form of violence: gender, race, or belief based or a composite amalgam. It, therefore, violates the rights to bodily integrity and security of the person among others, in conjunction with the right to non-discrimination, individually and as constituent elements of rights ‘in’ and ‘through’ education.