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84. The Special Rapporteur would like to emphasize, however, that accountability
will remain a bare concept if it is not further linked to the enforcement of the right
to education in situations where the commitments remain unfulfilled. Formulating
the agenda in that spirit would better respond to the propositions in the report of the
High-level Panel, as it recommends, as stated above, that “any new goals should be
accompanied by an independent and rigorous monitoring system, with regular
opportunities to report on progress and shortcomings at a high political level”.3
XI. Enforcement mechanisms
85. Monitoring the implementation of education goals must be closely tied to
national enforcement mechanisms. Merely placing the right to education at centre
stage in the development agenda is not enough: it is equally crucial to safeguard it
in case of its violation or breach and to ensure its full enforcement and protection.
The right-holders should have the ability to claim their entitlements and challenge
Governments to meet their obligations and live up to their international commitment
when they are not being respected and fulfilled.
86. Access to justice is of foremost importance for getting the rights enforced.
This is acknowledged in the Declaration of the High-level Meeting of the General
Assembly on the Rule of Law at the National and International Levels. The right to
education is a justiciable right, and that should be recognized in the future agenda.
87. Accordingly, Governments should work towards making their commitments
justiciable in their national legal systems, recognizing that they are all founded in
international law. As the Special Rapporteur stated in his report to the Human Rights
Council, courts, national human rights institutions and administrative or
quasi-judicial mechanisms are important mechanisms for citizens to engage
Governments, in order to ensure their rights are respected.
88. A United Nations system-wide coordinated approach is important for
protecting and promoting the right to education. That must be taken into account in
the post-2015 development agenda.
XII. Human rights education and learning
89. Focus on the right to education in the post-2015 development agenda also
implies human rights education and learning as an objective of education. States and
other relevant stakeholders should intensify action at the national level, pursuant to
the United Nations Declaration on Human Rights Education and Training as a
means to give full effect to the right to education worldwide. Universally recognized
human rights values and democratic principles should be embedded in any
education system.
90. Governments could also draw upon experience gained in the pursuit of the
United Nations Decade of Education for Sustainable Development (2005-2014) in
their pursuit of the overall goal to integrate the principles, values and practices of
sustainable development into all aspects of education and learning.
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