Justiciability of the right to education 2013, para. 26
Paragraph- Paragraph text
- Thus, justiciability of right to education also has its bases in national legal systems which provide “grounds” for the “right of action”, mentioned above. An example is the Constitution of South Africa, which provides in section 38 (Enforcement of rights) that “Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights.” Fundamental rights in India constitute “basic and essential feature” of the Constitution, and any citizen can directly approach the Supreme Court of India in cases of breach or violation. The Brazilian Association of Judges, Prosecutors and Public Defenders for Children and Youth also has a strong commitment to human rights, in particular the right to quality education and its enforcement.
- 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
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2013
- Paragraph type
- Other
- Reference
- SR Education, Report to the HRC (2013), A/HRC/23/35, para. 26.
- Paragraph number
- 26
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