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

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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:] Parliamentarians have an important role to play in fostering democratic perception of the justiciability of the right to education. Their primary role is to promote legislation which implements the right to education into the domestic legal framework. However, they may also encourage governments to refer alleged legislative deficiencies to courts for advice, they can support and promote national human rights institutions and civil society actors, and they can promote public legal aid for rights-based claims. Perhaps most importantly, they can lend their democratic legitimacy to legal and quasi-legal decisions on the right by promoting government action on recommendations and legal findings. In many cases, a legal decision places a requirement on governments to enact policy and legal changes to protect the rights of citizens. Support of the legislative branch provides democratic strength for these decisions, and publicizes the importance of the right to education among the population.

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