Justiciability of the right to education 2013, para. 82i
Paragraph- 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:] Legal recourse to enforce the enjoyment of the right to education involves individual or group claims for remedial measure against government and education authorities. But it also involves claims for remedies against private providers of education, and schools managed by the private sector, as case law in several countries shows. Private providers of education are more resourceful in seeking defence of their position. In litigation against them, governments should intervene as appropriate to defend the right to education and social interest in education, so that education is preserved as a public good and not allowed to become a mere commercial venture.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
- Reference
- SR Education, Report to the HRC (2013), A/HRC/23/35, para. 82i.
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 82i
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