Justiciability of the right to education 2013, para. 36

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Paragraph text: Quasi-judicial mechanisms, such as ombudspersons, and national human rights institutions play an important role in protecting the right to education by monitoring its implementation at the national level. Such mechanisms exist in many countries. Even though their findings are not legally binding, decisions and recommendations by such quasi-judicial bodies at national level are important as they wield political and legal pressure upon the authorities and institutions. Such mechanisms can also approach judiciary for providing relief in cases where the right to education is not respected. For example, Defensoria Pública in São Paulo (Brazil) provides legal support to poor citizens whose right to education has been violated, even as the Public Prosecutors in São Paulo (Brazil) take up such violations with public authorities, as well as in courts for the enforcement. The National Commission for Protection of Child Rights in India has the mandate to protect the enjoyment of the right to education, and has moved away from a welfare-based approach to a rights-based perspective. After examining a large number of complaints regarding imposition of fee for primary education when the education should be free of cost, the findings of the Commission led to parents having fee payments reimbursed through subsequent court actions.

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Person(s) affected