Equality of opportunity in education 2011, para. 24

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Paragraph text: General comment No. 13 dedicates one section to the obligations related to the principles of non-discrimination and equality. The prohibition against discrimination “applies fully and immediately to all aspects of education and encompasses all internationally prohibited grounds of discrimination”. It further stipulates that “the adoption of temporary special measures intended to bring about de facto equality for men and women and for disadvantaged groups is not a violation of the right to non-discrimination with regard to education, so long as such measures do not lead to the maintenance of unequal or separate standards for different groups, and provided they are not continued after the objectives for which they were taken have been achieved”. It also indicates that “sharp disparities in spending policies that result in differing qualities of education for persons residing in different geographic locations may constitute discrimination under the Covenant.” Further, “States parties must closely monitor education –including all relevant policies, institutions, programmes, spending patterns and other practices – so as to identify and take measures to redress any de facto discrimination.”

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