Justiciability of the right to education 2013, para. 82j

Paragraph
Paragraph text
[Bearing in mind the key importance of the justiciability of the right to education and its enforcement, and with a view to fostering protective as well as promotional role of adjudication mechanisms, the Special Rapporteur would like to offer the following recommendations:] Litigation promoting the right to education is in the public interest. Violations of the right to education may be voiced in the media, but they must also be subject to effective adjudication. For this reason, legal standing should be given the broadest possible interpretation, to allow not just affected children, but also their parents and other education stakeholders to bring complaints before judicial and quasi-judicial bodies. Poor and disadvantaged persons may be unwilling to pursue their rights, out of fear of reprisals, lack of financial resources, or unwillingness to challenge State authorities. Quasi-judicial institutions should be empowered to initiate investigations suo moto, and third parties, including non-governmental actors, should be able to initiate cases before courts and human rights institutions where the available evidence supports them.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the right to education
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
  • Education
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Children
  • Families
Year
2013
Paragraph type
Conclusion / Recommendation
Reference
SR Education, Report to the HRC (2013), A/HRC/23/35, para. 82j.
Paragraph info
Conclusion / Recommendation
Paragraph number
82j