Justiciability of the right to education 2013, para. 17

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Paragraph text: “As the Supreme Court of the United States of America stated in the historic judgement in Brown v. Board of Education (1954), “Providing public schools ranks at the very apex of the function of a State,” and “education is perhaps the most important function of State and local governments”. The right to education creates complex, intertwined obligations and responsibilities for multiple stakeholders. States have the primary responsibility to realize the right to education for all individuals in their territories and subject to their jurisdiction. They must establish an educational system respectful of the right to education, and refrain from any action which may prevent or limit access to education. The State’s obligations remain in case of privatization of education. States must ensure that the right to education is provided and promoted; they must also ensure that it is respected and fulfilled, both as entitlement in terms of universal access to basic education as well as empowerment in terms of acquisition of knowledge, skills and competencies and their quality and standard.

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