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Privatization and the right to education 2014, para. 102
- Paragraph text
- Bearing in mind the above and the issues highlighted in the present report, the Special Rapporteur would like to offer the recommendations below.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Public-private partnerships in education 2015, para. 107
- Paragraph text
- The Special Rapporteur thus emphasizes the need for States to create a comprehensive regulatory framework to control public-private partnerships in education that is prescriptive, prohibitive and punitive.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Sexual education 2010, para. 10
- Paragraph text
- Sexuality is a complex process which, as human beings, we all without exception experience throughout our life and which has biological, psychological, social and cultural aspects that must be considered from a comprehensive viewpoint.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
Paragraph
Sexual education 2010, para. 11
- Paragraph text
- Enjoyment of the highest attainable standard of physical and mental health obviously includes sexual health. The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Mr. Paul Hunt, has defined sexual health as "a state of physical, emotional, mental and social well-being related to sexuality, not merely the absence of disease, dysfunction or infirmity; sexual health requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination and violence".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Sexual education 2010, para. 63
- Paragraph text
- Sexual education must be free of prejudices and stereotypes that could be used to justify discrimination and violence against any group; it must therefore include a gender perspective that encourages people to think critically about the world around them. Both the hidden curriculum and the omitted curriculum currently play a central role in perpetuating among children the inequalities associated with patriarchal models and drastically reduce children's potential for full development. Sexual education should encourage a rethinking of the stereotypical roles assigned to men and women so that real equality can be achieved.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Men
- Women
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 22
- Paragraph text
- The Special Rapporteur also draws attention to a number of regional conventions which also make provision for the right to education, in particular Protocol 1 (1952, art. 2) of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms which follows the Universal Declaration of Human Rights in normatively integrating all educational types and levels in the right to education; the 1996 European Social Charter (revised) (art. 17.2); the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (arts. 13 and 16); and the African Charter on the Rights and Welfare of the Child (art. 11).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 24
- Paragraph text
- The Special Rapporteur notes that, over the decades, the formerly more comprehensive notion of the right to education has been reconceptualized. This reconceptualization has a particular geography to it. In the global developing world, this right has come to be normatively restricted to literacy and primary schooling (4–6 years), while in developed countries, it refers to compulsory primary and secondary schooling. Milestones in this process have been the Convention against Discrimination in Education and the declarations mentioned above. This progressive reduction in scope of the right to education in the South has been criticized for serving as a largely functional, basic-skill acquisition for low value-added routine work within the global division of labour.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 25
- Paragraph text
- The Special Rapporteur also observes with concern that increasingly, especially since the adoption of the World Declaration on Education for All, goodwill has become a substitute for entitlement. Frequently, the right to education has been replaced by legally non-binding terms such as “access to education”. This coincides with a general shift from a teacher-centred to a learner-centred approach, on one hand, and the redefinition of education, on the other. Here, education, for whose provision the State is primarily responsible, is being redefined as a commodity rather than a societal good, with the learner made responsible for this – portrayed as a consumer with choices. For the Special Rapporteur, this approach to education, particularly in the face of wider global challenges (sustainability, security and equality) is problematic.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 26
- Paragraph text
- The Special Rapporteur also notes that the international norms and instruments listed earlier pay little attention to the particular situation of the educational rights of migrants, refugees and asylum-seekers. The same is the case with many other instruments, such as the Convention concerning Migration for Employment (Revised 1949), the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (1992), and the European Charter for Regional or Minority Languages (1992).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 27
- Paragraph text
- However, the Special Rapporteur observes that the Convention relating to the Status of Refugees and its 1967 Protocol (arts. 4 and 22) and the Migrant Workers Convention reiterate the right to educational choice and the obligation of the contracting States to accord to refugees the same treatment as is accorded to nationals with respect to “elementary education” and to ensure “equal opportunities” with respect to non-elementary education. This includes access, the recognition of certificates and diplomas, the remission of fees and charges and the award of scholarships. Moreover, in accordance with article 28.1 of the Convention on the Rights of the Child “equal opportunity” in terms of the “best interest” principle may justify differential treatment of migrant, refugee and asylum-seekers’ children, such as mother-tongue teaching, provided that non-discrimination measures are in place, although in article 45.4 of the Migrant Workers Convention, there is no obligation for receiving States to provide special mother-tongue instruction schemes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 38
- Paragraph text
- Segregation can take many forms, but invariably results in discrimination and thus impedes social mobility through education. In this respect, the Special Rapporteur notes that “ability” grouping (and tracking) within learning environments may be based on a variety of factors, including socio-economic background, ethnic origin and migrant status. Early-ability grouping and tracking has been shown to impact negatively on the school achievement of migrant students and students of migrant origin. In particular, migrants are more likely than their native peers to be diagnosed as having “special needs” resulting in their placement in separate institutions providing “special” education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 29
- Paragraph text
- The Special Rapporteur is also concerned by the incomplete realization of the right to education of migrants, refugees and asylum-seekers (or children thereof) of irregular status. The Special Rapporteur thus welcomes the increasing recognition of equality of treatment irrespective of legal status, as expressed in the International Labour Organization (ILO) Migrant Workers Convention No. 143 (Supplementary Provisions) (arts. 1 and 9), the United Nations Migrant Workers Convention, the final report of the 1994 International Conference on Population and Development (principle 12) and the 2000 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (para. 12). The Special Rapporteur, however, views the lack of ratification of, in particular, the United Nations Migrant Workers Convention (which by February 2010 had been signed by only 31 of the 192 United Nations Members, of which virtually all are countries of emigration) as indicative of State apathy in this area.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 30
- Paragraph text
- The Special Rapporteur further notes that child migrants and refugees, often in search of education and work opportunities, are particularly vulnerable to forced, compulsory and exploitative labour and sexual abuse. International instruments, such as the ILO Minimum Age Convention No. 138 and the European Social Charter (revised) (art. 7.2), establish 15 as the minimum age for both the completion of compulsory schooling and entry into employment. Consequently, the increased reduction of the right to education in elementary schooling undermines the protection of child migrants and refugees from hazardous work. This is related to the understanding that education can, and should, serve as an important tool to protect children from sexual and gender-based violence, HIV/AIDS, military recruitment, crime and drugs, inter alia.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 31
- Paragraph text
- Equally, restricted access to education jeopardizes entitlements to the knowledge and skills and values that might directly contribute to societal development (democracy, non-violent conflict resolution, mutual respect, tolerance and respect for the natural environment) and full human development (personality, talents, mental and physical abilities, the respect for migrants’ and refugees’ own culture, language and values), as expressed in the Convention on the Rights of the Child (arts. 29, 31 and 32) and the 1993 Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 44
- Paragraph text
- It is now widely recognized that having a home language that differs from that used in schools has a negative impact on achievement, learning and integration into the wider community. Policy and pedagogic responses require host-language training combined with the preservation of mother tongue. This requirement was recognized in many questionnaire responses. The Special Rapporteur concurs with those who view diversity in language within a State as a national resource and invites States to promote such diversity and accord it full recognition.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 48
- Paragraph text
- The Special Rapporteur takes this opportunity to emphasize that school learning content and non-formal learning for refugees and asylum-seekers in refugee camps should aim to transmit key life-saving and life-sustaining messages (including landmine and unexploded ordinance awareness, rapid evacuation, skills-based health education, conflict resolution, humanitarian norms, child protection, etc.) in addition to preparation for local integration, repatriation or resettlement. In this regard, the Special Rapporteur specifically draws attention to, and welcomes, the educational work of UNHCR, but encourages increased attention, intensity and breadth in its provision.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 50
- Paragraph text
- The shortage of teachers is a major obstacle to access and good quality education for refugees, asylum-seekers and migrants. Overcrowded and unmanageable classes increase student dropout. Especially in developed countries, schools with a large migrant and refugee proportion are often the most disadvantaged in terms of funds and qualified and experienced staff. In refugee camps, low and/or inappropriate compensation (teachers receiving monetary or non-monetary “incentives” instead of salaries) encourage teachers to work for NGOs or for schools outside the camp rather than in a refugee school.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 82
- Paragraph text
- [Regarding the legal and normative framework, the Special Rapporteur is of the view that:] • As the International Conference on Population and Development (1994) identified migration as a consequence of significant global economic transformations, the Special Rapporteur is particularly concerned by the fact that half of the world’s out-of-school children — 39 million — live in conflict-affected areas. Moreover, as 80 per cent of all refugees are hosted by countries of the developing world, which figure shows that a disproportionate burden is carried by those least able to afford it, increased international cooperation and sharing of responsibility is required, as called for in the International Covenant of Economic, Social and Cultural Rights and the Dakar Framework for Action adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2000. As underdevelopment is a “principal root cause” of migration, helping Governments to realize the right to development becomes imperative.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 54
- Paragraph text
- The Special Rapporteur views the provision of intercultural training courses and awareness-raising conferences and seminars for teachers in many countries as a very positive activity and one that could be replicated elsewhere. In Denmark, for instance, teacher education includes cultural theory and research into multiculturalism. In Latvia, the “Teacher in Intercultural Environment” project has aimed to educate teachers in intercultural communication and tolerance. However, he notes also that these courses are optional (voluntary). Equally, while intercultural education may play an important role in policy documents and curricula, in practice the topic may not receive high priority in teacher education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Financing education and update on education in emergencies 2011, para. 5
- Paragraph text
- Resource constraints, however, remain a major barrier to the realization of the right to education. Prospects for achieving the targets of millennium development goals 2 (Ensuring that, by 2015, children everywhere, boys and girls alike, will be able to complete a full course of primary schooling) and 3 (Eliminating gender disparity in all levels of education no later than 2015) are bleak on account of a dearth of resources. The assessment prepared for the 2010 High-level Plenary Meeting of the General Assembly on the Millennium Development Goals underlined the need for scaling up budgets and providing enhanced resources to accelerate progress in meeting those targets. The Education for All Global Monitoring Reports in recent years have consistently pointed to insufficient funding for education. More recently, public expenditure cuts as a consequence of the global financial crisis have threatened to decrease support to the education sector, possibly jeopardizing recent advances. For instance, 7 of 18 low-income countries reduced spending on education in 2009; those countries alone had 3.7 million children out of school.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 53
- Paragraph text
- [In that spirit, the Special Rapporteur provides the following recommendations:] Education does not often receive the priority it deserves at the national level in terms of budget allocations. To ensure that education receives priority attention, it would be expedient to promote public dialogue among ministers of education and ministers of finance and planning on the necessary steps to secure maximum funding for education. An exchange of ideas and approaches among countries regarding legal and policy frameworks for financing education would enable national authorities to draw upon available experiences and practical examples from a comparative perspective and could provide insight into new avenues for investment in education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 75
- Paragraph text
- Schools are often not constructed or maintained to be disaster resilient. An extensive consultation with children around the globe resulted in the recent preparation of a children's charter for disaster risk reduction, which highlights the need for schools to be safe and education not to be interrupted. INEE coordinated the preparation of guidance notes on the necessary steps to ensure the construction of safer schools and the adaptation of existing ones. A major effort is needed to build technical capacity for, and ensure the adoption of, safer standards for education infrastructure to avoid tragedies where seismic or other hazards take the lives of large numbers of children in unsafe schools.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Environment
- Humanitarian
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 77
- Paragraph text
- The Special Rapporteur underlines that investing in preventive efforts through education is crucial to protect schools and the communities they serve from the impact of natural disasters. Therefore, education systems must be actively engaged in the development and implementation of risk management strategies. Through their regular activities, schools must also contribute to establishing a culture of prevention and preparedness among students, staff and the communities to which they belong. Considering that the risks and needs of communities vary greatly, even within the same region, it is important to ensure that risk management strategies are prepared through meaningful participatory processes involving the communities where schools are located.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Environment
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 6
- Paragraph text
- The centrality of education in human development is clear. The right to education as an internationally recognized right is all the more important as it is not only a human right in itself, but also essential for the exercise of other rights. While the international community is committed to achieving the right to basic education for all, the gap between commitment and reality remains significant and, if concrete and sustainable steps are not taken, this can easily widen. Understanding and removing obstacles that impede the enjoyment of all to the right to education are urgent challenges for the entire international community.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 7
- Paragraph text
- Since its establishment by the Commission on Human Rights in 1998, the mandate of the Special Rapporteur on the right to education has sought to identify obstacles to the right to education, and has provided conceptual and practical guidance on steps to be taken to ensure its realization. The Special Rapporteur intends to build on this work, while benefiting from the knowledge and experiences of those who are directly involved in the promotion of education at global, regional and local levels. The themes he intends to examine in the course of his mandate are highlighted below. While implementing these priorities, the Special Rapporteur also intends to give particular attention to the situation on the African continent, given the acute challenges faced by the region.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 8
- Paragraph text
- Despite the almost universal recognition of State obligations to provide universal primary education and fair access to secondary and higher education through all appropriate means, education is not fully accessible for many people around the world. The Special Rapporteur decided to dedicate his first thematic report to the promotion of equality of opportunity in education, considering its universal importance for the realization of the right to education. Developing countries face particularly acute challenges with regard to great social and economic inequalities, but developed countries also encounter challenges when attempting to ensure equal educational opportunities for all. Concerns relating to equality of opportunity in education are understood as relating both to guaranteeing equal opportunities in access to different levels of education as established by human rights norms, as well as equal opportunities to evolve within education systems.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 49
- Paragraph text
- States cannot fulfil their international obligations concerning the realization of the right to education unless they provide the necessary resources for education and make them available on a consistent and predictable basis. For this purpose, national legal and policy frameworks ensuring investment in education play a crucial role. They are also essential in accelerating sustainable progress towards achieving the Millennium Development Goals and moving the Education for All agenda forward. Education is indeed the best investment a country can make and deserves the highest priority in resource allocation. As a global public good of paramount importance, education should receive strong commitments from global leaders for its funding.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 13
- Paragraph text
- The experience of human rights monitoring mechanisms has identified many forms of discrimination and inequality that affect the enjoyment of the right to education. These range from clear legal inequalities in status and entitlements to policies that neglect the specific conditions of certain groups. The work of human rights treaty bodies over the last years has indicated areas of action at national and international levels to ensure equality of opportunity in education. Similarly, recommendations to States undergoing the universal periodic review process also address aspects such as guaranteeing the right to education to marginalized and under privileged groups, combating poverty, ensuring the right to education for all, removing gender-based imbalances in education, strengthening efforts to expand opportunities for (basic) education, etc.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 14
- Paragraph text
- Challenges faced in achieving equality of opportunity in education were also described in reports submitted by States regarding implementation of the UNESCO Convention against Discrimination in Education – even in countries where educational opportunities are in general widely available, inequalities remain in the ability of all social groups to fully avail themselves of such opportunities. Social and cultural barriers and unequal opportunities manifested in access to quality education remain one of the most serious difficulties of national educational policies. Closing the attainment gap among children from different ethnic groups and differing socio-economic backgrounds appears as a common challenge in these reports.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 65
- Paragraph text
- The volatility of support is another cause of concern. As already indicated, the sustainability of financial support is crucial for the adequate functioning of education systems. It can only be ensured through continued financial support enabling programmes to continue their course uninterrupted. Important opportunities are missed in post-emergency situations because of the lack of sustainable support and funding in the transition from a humanitarian response to a development framework. The need for further investment in national planning and information systems in recipient countries is also underlined in those contexts.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 67
- Paragraph text
- The Special Rapporteur underlines that emergencies do not relieve States from their obligation to take all appropriate measures to ensure the realization of the right to education of all persons in their territories, including non-nationals, refugees or internally displaced groups. Ensuring financial support for primary education in order to guarantee that it continues to be available during emergencies, making secondary education available without discrimination and promoting access to higher education on the basis of capacity are nothing more than the fulfilment of a human rights obligation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 42
- Paragraph text
- The need to “identify steps to strengthen and harmonize, where necessary, the legislative framework within which the right to education is guaranteed” was recognized at various stages of the EFA process. As a consequence, a large number of countries have also developed or modernized their national legislation. Such laws establish the right to basic education, and include provisions on non-discrimination and equality of opportunity in education. This further demonstrates the importance accorded to the equality of opportunity in education in national legal systems. Moreover, in some countries, the regulatory frameworks for private educational institutions have also been developed as part of national legal frameworks protecting equal opportunities in education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 43
- Paragraph text
- Additionally, other countries have enacted laws specifically addressing the principles of non-discrimination and equality of opportunity in education. Examples include the Promotion of Equality and Prevention of Unfair Discrimination Act (2000) in South Africa; the Law on Equality of Rights and Opportunities, Participation and Citizenship of Persons with Disabilities (2005) in France; the Prohibition of Discrimination Act (2005) in Norway, which establishes the function of Ombudsman on Equality and Anti-Discrimination; the General Equality of Treatment Act (2006) in Germany, which aims “to prevent or remove disadvantages due to race or ethnic background, gender, religion or philosophy, disability, age or sexual orientation” in employment and vocational training; the Equality Act (2006) in the United Kingdom which establishes a Commission for Equality and Human Rights and requires public authorities “to take proactive steps in promoting equality of opportunity between men and women”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Men
- Persons with disabilities
- Women
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 70
- Paragraph text
- Studies indicate a continued increase in the reported number of attacks on education in situations of conflict and widespread violence over the past three years. Such episodes include harming or killing students and school personnel, damaging or destroying education facilities and ultimately preventing thousands of students from attending school or university owing to closures. The Institute of International Education's Scholar Rescue Fund reports that applications from threatened scholars doubled during the period 2008-2011 as compared to the previous period. In certain situations, the use of schools by armed elements has compromised the civilian nature of schools and put students and teachers at risk.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 72h
- Paragraph text
- [The Special Rapporteur puts forward the following recommendations for the promotion of equal opportunities in education on the basis of a human rights framework:] Strengthen collaboration with academic institutions and civil society organizations: Fostering inclusive education implies active engagement of civil society. The intellectual community and the civil society play a central role in promoting better understanding of inequalities in education. The advocacy work of these stakeholders is vital to ensuring widespread attention to issues for ensuring equality of opportunity in education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 26
- Paragraph text
- General comment No. 1 of the Committee on the Rights of the Child highlights the fact that while equality of opportunity in education “is primarily a matter which relates to article 28 of the Convention, there are many ways in which failure to comply with the principles contained in article 29 (1) [concerning the aims of education] can have a similar effect.” The general comment goes on to outline how discrimination based on gender, disability, health status and race can hamper children’s equal access to education. Furthermore, other general comments elaborated by the Committee address the need for temporary special measures to ensure equal access to education for indigenous children and equality of opportunity in education for children with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 64
- Paragraph text
- Qualification systems for connecting skills development and lifelong learning are also very important. The need for flexible and open learning and qualifications systems for technical and vocational education and training is associated with the recognition that learning takes place in multiple settings that go far beyond formal technical and vocational education and training. There is also need to bridge the divide between formal and non-formal/informal technical and vocational skills development. In line with ILO Recommendation No. 195, this can be done by "national qualification frameworks (NQF) and recognition of prior learning (RPL), with mechanisms and opportunities for the recognition and validation of experiential learning as well as rewarding and motivating all workers in the context of lifelong learning".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 65
- Paragraph text
- Information and communication technologies have opened new paths to distance learning. As a result, technical and vocational education and training is also provided in a "virtual learning environment" by way of Internet-based education and training and e-learning and e-training initiatives. A multiplicity of learning sites and modes exist for delivering technical and vocational education and training. While such modes of delivery can provide for greater access to it, "online learning can also lead to deskilling of teachers through the fragmentation and segmentation of tasks. Moreover, providers of dubious quality are using Internet-based education and training simply to cut costs by undermining teachers' working conditions, particularly in off-shore provision". This is an emerging issue which requires serious attention in the context of developments and policy reforms in technical and vocational education and training.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 66
- Paragraph text
- An essential prerequisite of quality technical and vocational education and training is to ensure the deployment and retention of qualified teachers. The provisions in the ILO/UNESCO Recommendation concerning the Status of Teachers (1966) are applicable to technical and vocational education and training, especially the provisions concerning preparation for the profession; continuing education, employment and career; the rights and responsibilities of teachers; conditions for effective teaching and learning; teacher salaries and social security; and emoluments and conditions of service. Instructors and teachers should possess the necessary qualifications, including advanced degrees and professional experience in related occupational fields. They should also have pedagogical skills and be motivated and committed to the profession. In this regard, mechanisms to ensure in-service training for teachers/educators in industry or enterprise, and continuing training in the use of information and communication technology, are especially necessary.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 67
- Paragraph text
- In his last report to the General Assembly, the Special Rapporteur noted that budgetary provision for quality education was scarce, as almost the totality of resources assigned for education went to recurring expenditure, and he underlined the need for a paradigm shift to respond to quality imperatives (A/66/269, para. 55). He also called for expanding the base of financing quality education. In this regard, technical and vocational education and training should be given due consideration in view of its importance to socioeconomic development, and States should assume the primary responsibility for investing in technical and vocational education and training.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 73
- Paragraph text
- Any such partnerships must be anchored by human rights, especially the international legal framework for the right to education. States have the overall responsibility for monitoring and ultimately ensuring the realization of human rights in all types of partnerships with industry and the private sector. However, experience in monitoring the implementation of relevant ILO instruments shows that "the involvement of local communities in the design of training programmes, as well as in the management and control of training institutions, has become a key element in their reforms of education systems".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 9
- Paragraph text
- Technical and vocational education and training is seen "as a cornerstone for the transformation of education and training", which is indeed crucial, given increasing concerns about rising unemployment, particularly among educated youth. As acknowledged by the World Bank, "The dynamic forces of the knowledge economy, accompanied by changing markets, scientific and technological advances, and increasing globalization and internationalization, call for a new face of skills and competencies". In this context, enhanced attention must be paid to modernizing technical and vocational education and training curricula and to the quality of the education provided.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Youth
- Year
- 2012
Paragraph
Equality of opportunity in education 2011, para. 72g
- Paragraph text
- [The Special Rapporteur puts forward the following recommendations for the promotion of equal opportunities in education on the basis of a human rights framework:] [Enhance international assistance and cooperation:] International organizations, notably UNESCO and UNICEF, play a key role in the field of education. They can show the way forward by encouraging public debate on issues deemed to be of critical importance, and play an important role in promoting equality-enhancing policies and exchange of experiences on successful practices in the promotion of equality of opportunities. In that spirit, technical assistance to countries in the most difficult situation must be prioritized;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 13
- Paragraph text
- The United Nations Millennium Declaration (2000) and the accompanying Millennium Development Goals provide a global agenda for reducing poverty and improving lives, including through the promotion of access to education. Millennium Development Goal 2, to achieve universal primary education, is an enabling factor for technical and vocational education and training. Millennium Development Goal 3, to promote gender equality and empower women, is relevant for technical and vocational education and training, namely, to eliminate gender disparity in primary and secondary education, and in all levels of education no later than 2015.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 14
- Paragraph text
- The central role of education in accelerating progress towards all Millennium Development Goals was recognized by the General Assembly in the context of the High-level Plenary Meeting on the Millennium Development Goals in 2010 (resolution 65/1, para. 71 (c)). Technical and vocational education and training is often regarded as a powerful tool in poverty reduction and development strategies, as it provides individuals with the requisite qualifications and skills to enable them to contribute to various sectors of the economy. "TVET is extremely suitable for contributing to national socioeconomic development and meeting the Millennium Development Goals through human resources development. When TVET curricula are focused on creating 'job-creators' (self-employed workers) rather than 'job-seekers', unemployment in developing countries can be reduced, thereby allowing developing countries to get closer to meeting the MDGs".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 15
- Paragraph text
- A number of other recent international meetings have further underlined the importance of technical and vocational education and training today. The Ministerial Declaration of the High-level Segment of the substantive session of the Economic and Social Council in 2011 recognized that "Education and training should contribute to sustained, inclusive and equitable economic growth by developing requisite skills, in line with the labour market requirements and development needs of countries, taking into account the importance of gender equality and the empowerment of women in promoting sustainable development". It also underlined the importance of "Encouraging the provision and mainstreaming of skills development and training in technical, technological and vocational schools, taking into account national and local development needs, and in cooperation with relevant economic actors".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 16
- Paragraph text
- New directions on the changing landscape of technical and vocational education and training were provided recently at the Third International Congress on Technical and Vocational Education and Training, "Transforming TVET: Building Skills for Work and Life", organized by UNESCO and hosted by the Government of China in Shanghai from 14 to 16 May 2012. The outcome document of that Congress provides new guidance to States on transforming technical and vocational education and training for green economies and societies in the light of climate change, and rising global unemployment and inequalities. It also recognizes the importance of adapting technical and vocational education and training programmes to rapidly changing labour market demands, economies and societies; of integrating technical and vocational education and training with information and communication technologies; and of developing mechanisms to promote the involvement of relevant stakeholders in the planning and implementation of these programmes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Person(s) affected
- All
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 22
- Paragraph text
- Quality basic education which is crucial to “nation-building” constitutes a hallmark of the fulfilment of the right to education in the true sense of the term.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 24
- Paragraph text
- States’ obligations to ensure quality education for girls is further expounded in the Convention on the Elimination of All Forms of Discrimination against Women, which establishes women's right to education, both as entitlement and as empowerment. State parties thus have an obligation to ensure, on the basis of equality of men and women, access to education at all levels and in all its forms, including “access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality” (art. 10 (b)).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 31
- Paragraph text
- That technical and vocational education and training forms an integral element of all levels of education is clearly emphasized in the UNESCO Convention on Technical and Vocational Education. Technical and vocational education and training ranges from lower and upper secondary to post-secondary education, extending to tertiary-level education. It also cuts across educational sectors (formal or school-based, non-formal or enterprise-based, and informal or traditional apprenticeship). The UNESCO Revised Recommendation concerning Technical and Vocational Education underscores, in paragraph 2 (a), technical and vocational education as: "an integral part of general education".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 88g
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] Enhance international technical assistance to Governments: • International entities, such as UNESCO, UNICEF and the World Bank, should be encouraged to continue their work in providing policy advice, support services and technical assistance to Governments in their efforts to respond to quality imperatives. UNESCO could develop guidelines for the establishment of standards for quality education;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 72
- Paragraph text
- In Mexico, the National Evaluation of Scholastic Achievements in Schools (ENLACE) tests the competences and academic achievements of students in basic education nationwide. In Germany, the Standing Conference of Ministers of Education and Cultural Affairs adopted a comprehensive strategy for education monitoring, including evaluation of lifelong learning achievements. In this context, it was also recognized that assessments on the effectiveness of teaching and learning in the classroom must be made in parallel to the measurement of student achievements.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 73
- Paragraph text
- In Brazil, the Education Development Plan (2011) establishes links between “quality, equity and empowerment” and provides a quality indicator for assessing student performance. In Serbia, achievement standards are a set of education results for each level, cycle, type of education, educational profile, grade, subject and module. In Honduras, the Social Pact for Quality Education, launched within the ambit of the Law to Strengthen Public Education and Community Participation, includes strategic initiatives for improving academic performance with time-bound targets. In Mauritius, the Education and Human Resources Strategy Plan (2008-2020) includes the development of a national assessment initiative. In Slovenia, the Council for Quality and Evaluation (2008) is responsible for assessing students’ progression in basic and general secondary education through national examinations and certification. In Cyprus, the Centre for Educational Research and Evaluation (2008) monitors progress and assures quality in education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 88c
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] Implement quality assessments with a promotional spirit: • Quality assessments should be driven by a promotional spirit, with emphasis on creating equitable educational and learning opportunities for all, rather than further marginalizing poorly endowed schools in remote areas. Based on the findings of national-level assessments of students’ performance, States should support those regions and schools which perform poorly and are falling behind, in an endeavor to promote more equitable education systems. Affirmative action and positive measures should be stepped up to enable all those who are victims of social exclusion and poverty to enjoy their right to quality education;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 95
- Paragraph text
- In the process of the formulation of education-related goals in the post-2015 development agenda, some key issues of critical importance deserve special attention.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 46
- Paragraph text
- The proposed education agenda is similar to the one put forth by the Special Rapporteur in his report to the General Assembly on technical and vocational education and training from a right to education perspective (A/67/310), proposing that the future agenda for education should build upon and consolidate developments in many countries, modernizing national legislation and providing for basic education of longer duration (nine years) as part of general secondary education. Those developments should include quality learning based on technical and vocational education and training in order to meet the critical challenges of an increasingly globalized economy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 88
- Paragraph text
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2013
Paragraph
Normative action for quality education 2012, para. 78
- Paragraph text
- “Education systems that lack a strong, clear respect for human rights cannot be said to be of high quality.” In order to nurture quality education, school environments must respect and promote human rights and mutual understanding. Schools can play a central role in the prevention of violence and the promotion of a culture of peace as long as internal practices are guided by strict adherence to human rights principles. Quality education can never be ensured if school systems ignore situations of gender inequality or discrimination against particular groups on ethnic or cultural grounds.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 93
- Paragraph text
- Almost no agency of the United Nations system is without some interest in education. The right to education is an integral part of the institutional mission of UNESCO, and is a high priority. Both UNESCO and UNICEF have been tasked with the mission to prepare children for the responsibilities of the future. Education is also important in the work of UNDP as an indispensable tool for poverty reduction strategies. Technical and vocational education and training and skills development have importance in the work of several agencies, such as the International Labour Organization, the United Nations Industrial Development Organization and the World Bank, as well.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 99
- Paragraph text
- Education should be central to the notion and concepts of global public goods and intellectual commons which are increasingly being discussed in international forums. Education benefits both the individual and the society, and it should be safeguarded by avoiding its mercantilization, geared towards commercial gains only. Providing public services that contribute to a healthy, educated labour force helps build national stability and strengthens the legitimacy of government. Education should be preserved as a public good so that it does not become devoid of social interest.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 65
- Paragraph text
- The right to education for women and girls should be driven by a rights-based approach. That is essential for putting an end to multiple forms of discrimination from which women and girls suffer. A rights-based approach implies that educating women and girls should, a priori, be viewed as a human rights imperative, rather than being undertaken solely because of potential benefits to their children or to society. "Greater equity, including between men and women and among other groups, is not only essential in itself, but also important for promoting human development. One of the most powerful instruments for this purpose is education".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 14
- Paragraph text
- The right to education is provided for in international, regional and national legal frameworks.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 17
- Paragraph text
- “As the Supreme Court of the United States of America stated in the historic judgement in Brown v. Board of Education (1954), “Providing public schools ranks at the very apex of the function of a State,” and “education is perhaps the most important function of State and local governments”. The right to education creates complex, intertwined obligations and responsibilities for multiple stakeholders. States have the primary responsibility to realize the right to education for all individuals in their territories and subject to their jurisdiction. They must establish an educational system respectful of the right to education, and refrain from any action which may prevent or limit access to education. The State’s obligations remain in case of privatization of education. States must ensure that the right to education is provided and promoted; they must also ensure that it is respected and fulfilled, both as entitlement in terms of universal access to basic education as well as empowerment in terms of acquisition of knowledge, skills and competencies and their quality and standard.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 53
- Paragraph text
- The right to a quality education carries the obligation for States to ensure that curriculum meets essential objectives of education. In litigation by private colleges and universities in the Philippines, involving a statutorily assigned power to the Secretary of Education, the Supreme Court of the Philippines ruled that the Government has good reason (public welfare) to regulate private education, and there was no undue exercise of power by the Secretary of Education in setting of school curricula, calendars, and examination procedures.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 54
- Paragraph text
- A large number of cases address the rights of minorities and their language rights. The European Court of Human Rights, for instance, has held that the right to education did not guarantee the right to education in a particular language, or for the State to subsidize education of a particular type. However, article 14 read in conjunction with article 2 of Protocol No. 1 was violated because the legislation prevented children from having access to French-language schools in certain areas solely on the basis of their parents’ residence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Year
- 2013
Paragraph
Privatization and the right to education 2014, para. 37
- Paragraph text
- Private higher education has become the fastest growing segment worldwide; in many countries, private higher education institutions "represent the clear majority". Sponsored by a range of entities such as individual proprietors or profit-seeking business interests, such institutions "involve new international branch campuses and foreign investment in and ownership of local institutions".8 The new nomenclature for the heads of private higher institutions, namely "chief executive officer", reflects the perception that they are analogous to heads of business enterprises.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Justiciability of the right to education 2013, para. 82a
- 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:] States must fully assume their obligation to respect, protect and fulfil the right to education. Their first obligation in this regard is to give effect to the right in their domestic legal order, and ensure its effective enforcement in case of violation through national, regional and international judicial and quasi-judicial mechanisms. Individuals as beneficiaries of the right to education, as defined in national legislation and as contained in international law, must be able to have legal recourse against its violations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Privatization and the right to education 2014, para. 68
- Paragraph text
- Privatization in education also negatively affects the right to education as empowerment in terms of knowledge, values and skills acquired and their quality.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 69
- Paragraph text
- The phenomenon of low-fee private schools is projected as an affordable means of obtaining quality education. However, there is no evidence that "private schools do anything different to induce more learning than do public schools (…) many private schools do worse than public schools". An unregulated free market in higher education may lead to investments in the sector by low-quality providers. There have been instances in which fraudulent practices have come to light; for example, admission rules are relaxed, the evaluation process is distorted and examinations are faked in different ways.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 71
- Paragraph text
- Such practices are in direct contravention of the UNESCO-International Labour Organization (ILO) recommendation on the status of teachers, which lays down a normative framework for the teaching profession and applies to both public and private teachers. These practices also reflect non-compliance by States with their obligation to establish and maintain "minimum educational standards" to which all private educational institutions established in accordance with article 13 (3) and (4) of the International Covenant are required to conform. Such minimum standards are important, since privatization is propelled by business interests and vitiates the humanistic mission of education. The "cultural-valuational currency" it breeds is derogatory to the "moral worth" of the very poor, which further limits (if not excludes) their equal participation in society.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 72
- Paragraph text
- The State remains primarily responsible for education on account of international legal obligations and cannot divest itself of such responsibility. This is its core public service function. As the Supreme Court of the United States of America stated in the historic judgement in Brown v. Board of Education (1954), "Providing public schools ranks at the very apex of the function of a State" and "Education is perhaps the most important function of State and local governments". State obligations remain in the case of privatization of education. The State cannot abandon its primary responsibility, above all in respect of free basic education of quality, to the advantage of private providers, who find the inadequacies of the public education system fertile ground for making money from the provision of education, reaping uncontrolled profits.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 73
- Paragraph text
- In a world where more than 1.2 billion people are victims of poverty and where the richest 1 per cent of the world's population owns 40 per cent of global assets whereas the bottom half of the world's population owns just 1 per cent of global wealth, prioritizing education as an essential public service is imperative to stop society from being tipped irrevocably into a world that caters only to the needs of the privileged few. A universal approach to the provision of social services is essential to realizing their full potential as a component of transformative social policy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 97
- Paragraph text
- The existing disparities in education should not be aggravated by private providers catering to persons with means, to the detriment of the poor. Universal access to free, basic education for those excluded owing to poverty must be an overriding development concern. This access should be recognized as a key instrument for putting an end to the intergenerational transmission of poverty. It is imperative to create a global movement that urges all the Governments of the world to abide by the pledges made in the Millennium Declaration (2000) to ensure social justice and equity and to take seriously the task of regulating privatization in education in view of future pledges regarding the total eradication of poverty before 2030 and for the common well-being.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 98
- Paragraph text
- Education is a fundamental human right and a core obligation of States. The principal responsibility for the direct provision of education lies with Governments. However, there has been tremendous growth in private providers of education. Taking advantage of explosive demands on education and of insufficient public schools, privatization is making inroads in education at all levels. It often flourishes, with scant control by public authorities. This can have a crippling effect on the fundamental principle of equality of opportunity in education. Privatization often excludes marginalized groups, who are unable to pay, undermining the right of universal access to education. Some private providers inadequately respect the quality of education and undermine the status of teachers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 100
- Paragraph text
- The Special Rapporteur considers that, driven by business interests, privatization by definition is detrimental to education as a public good and vitiates the humanistic mission of education. Abusive practices by private providers reflect the failure of States to adequately monitor and regulate privatized education. This calls for the strengthening of human rights mechanisms in order to effectively address and sanction violations of the right to education by private providers. In this, Governments can be inspired by numerous court decisions and emerging jurisprudence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 103
- Paragraph text
- States remain primarily responsible for providing education on account of their international legal obligations. They should not abandon their primary responsibility, above all for the provision of free and quality basic education, to the advantage of private providers, who find the inadequacies of public education fertile ground for making money from the provision of education, reaping uncontrolled profits. When privatization is permitted, States should fully assume their responsibility in compliance with their obligations under human rights law and ensure that private providers abide by the principles and norms underlying the right to education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 84
- Paragraph text
- One of the most significant failures of States in the face of the privatization of education is lack of oversight and regulating mechanisms. A potential consequence of the lack of monitoring is that it can create or contribute to a culture that lacks accountability and encourages illegal or exploitative practices. In the absence of a regulatory framework, ill-informed and naive students can be duped by new private institutions that are universities only in name, having been established without credentials and recognition. If a school is not registered with the State, the State has no way to enforce minimum standards, which are set nationally and constitute conditions under which private providers must operate.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 87
- Paragraph text
- Regarding the development of a holistic approach to the assessment of the educational attainments of students, the Special Rapporteur recommends that: Public authorities and school administrators ensure that the assessment of the educational attainments of students includes their understanding of universal human rights values and respect for people from different civilizations, cultures and religions. Student performance tests should demonstrate the extent to which students have incorporated human rights values in their understanding, commitments and day-to-day behaviour patterns.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 89
- Paragraph text
- Regarding equity-based approaches to assessments of the entire student population, the Special Rapporteur recommends that: National assessments appraise the educational attainments of the entire student population in a country, assessing all students uniformly. An equity-based approach should be an essential prerequisite, so that all those students who are found to be underperforming are given the necessary support needed for them to meet the educational requirements. Student assessments must address with great concern the situation of underperforming students, particularly those who are disadvantaged on account of marginalization. Early targeted teaching support to them is most effective and should be prioritized over later interventions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 90
- Paragraph text
- In relation to assessing progression from primary to secondary education, the Special Rapporteur recommends that: States comply fully with their core obligation of providing free, compulsory primary education of good quality to every child, boys and girls alike. Completion of good quality primary education should be a predominant concern in the national assessment of basic education, with no automatic progression from primary to secondary education. This can only be verified through assessments prior to progression to secondary education, with recognized qualification" at the end of primary education cycle. Public authorities should ensure the maintenance of quality standards throughout the cycle of basic education in a sustained manner.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 91
- Paragraph text
- Regarding the development of novel assessment mechanisms for skills development, the Special Rapporteur recommends that: While recognizing the importance of national assessment mechanisms for TVET programmes, Governments should develop new and unique assessment mechanisms within a framework of institutionalized collaboration with industry for assessing competencies and skills in terms of technical qualifications that are relevant to a country's development priorities. TVET programmes, particularly in early secondary levels, must be made complementary to the standard education curriculum and not as a separate stream. The aptitude of students should be central to those new assessment systems, offering them the possibility of pathways to higher education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 92
- Paragraph text
- In relation to refining assessment mechanisms, the Special Rapporteur recommends that: Public authorities ensure that the basic education which is provided is of good quality, as proven by an appropriate national assessment mechanism, conducted annually or on a semester system. While school examination and tests constitute necessary mechanisms for assessing the educational attainments of students, Governments should devise innovative modalities, appropriate to the capacities of the State, to evaluate the knowledge and understanding of students of all the subjects taught, including human rights values.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 93
- Paragraph text
- Regarding the development of the capacity of the teaching profession for the holistic assessment of basic education, the Special Rapporteur recommends that: Recognizing that teachers play a key role in the implementation of the national curricula and in conducting assessments of the educational attainments of students, Governments should ensure that teachers are provided with the additional training and support to better understand and implement a human rights-based curriculum in an accessible fashion for their students. Novel modalities of teacher training in tandem with reforms in education should be devised to foster quality education and learning.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 96
- Paragraph text
- In regard to the promotion of studies on national assessments, the Special Rapporteur recommends that: As research and studies on national assessments are scant as compared to those on international or regional assessment systems, reflections and studies on national assessments of the educational attainments of students in education faculties and among professional bodies should be promoted, so as to make existing national assessment mechanisms and country-level experience better known. That would also benefit policymaking authorities in improving assessment mechanisms;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 96
- Paragraph text
- In regard to the promotion of studies on national assessments, the Special Rapporteur recommends that: States continue to champion the cause of quality education in the formulation of the post-2015 development agenda. Enhancing educational attainments for the benefit of both the individual and society should be a central concern in any future agenda, with a reinforced commitment by the international community in appreciation of the pivotal role of the right to education for human development.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
Protecting education against commercialization 2015, para. 53
- Paragraph text
- It is an established principle of human rights law that the State remains responsible for its obligations, even when they are privatized. The European Court of Human Rights has held that, under the European Convention on Human Rights, a State cannot absolve itself from responsibility by delegating its obligations to private school bodies. This position is reinforced by the Guiding Principles on Business and Human Rights, which emphasize that when States delegate their responsibilities to businesses, they remain responsible for ensuring that their human rights obligations are being met by those companies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 56
- Paragraph text
- Privatization of education, where it has a negative impact, violates many of the legal and moral norms upon which the right to education is established.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 45
- Paragraph text
- Advertising that portrays private schools as providers of better-quality education lures ill-informed students and parents. The phenomenon of low-fee private schools is projected as an affordable means of obtaining quality education. However, there is no evidence that "private schools do anything different to induce more learning than do public schools ... many private schools do worse than public schools". Quality is also compromised by the high prevalence of underqualified teachers or instructors employed, on a temporary basis, in private schools run by small and large enterprises. This is in direct contravention with the UNESCO-International Labour Organization recommendation on status of teachers, which lays down a normative framework for the teaching profession and applies to teachers of both public and private schools.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 78
- Paragraph text
- For-profit education is contrary to the concept of education as a public good, and the Special Rapporteur would like to mention national legislation in several countries that outlaws for-profit schools. For example, the Education Act of the Bahamas establishes that "the school shall not be established or maintained for the private profit of any person or persons". In Qatar, private schools are required to be authorized by the Supreme Education Council and "shall not be profit-oriented". The Education Law of China provides that "educational activities must conform with the public interest of the State and society" and that "no organization or individual may operate a school or any other type of educational institution for profit". National legislation and policies in Finland give paramount importance to education as a public function of the State and as a public good. The law in Finland states that "basic education may not be provided in pursuit of financial gain".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Lifelong learning and the right to education 2016, para. 70
- Paragraph text
- The Special Rapporteur welcomes the perspective developed in looking at technical and vocational education and training through an overall lifelong learning framework. He considers that the provisions in the ILO Human Resources Development Convention, 1975 (No. 142) remain relevant at present. Article 4 of the Convention stipulates that "each Member shall gradually extend, adapt and harmonize its vocational training systems to meet the needs for vocational traini ng throughout life of both young persons and adults in all sectors of the economy and branches of economic activity and at all levels of skill and responsibility". The Convention enjoins on Member States the obligation to adopt and develop comprehensive and coordinated policies and programmes of vocational guidance and vocational training, which shall encourage and enable all persons "to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society" (art. 1 (5)).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Youth
- Year
- 2016
Paragraph
Protecting education against commercialization 2015, para. 98
- Paragraph text
- Prescriptive regulations relate to the establishment and operation of private schools, setting minimum standards, including conditions for their recognition and operations, curriculum requirements, minimum qualifications for teachers, infrastructure standards and quality measures, and recognition of degrees or diplomas issued. These are basic requirements for any institution. Such regulations describe reporting obligations, including performance measures and financial reporting, and require compliance with monitoring and oversight agencies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 99
- Paragraph text
- Regulations must ban for-profit education and prohibit fee-based discrimination because it creates and entrenches social and economic inequalities. Prohibitive regulations can ban the registration of private schools as companies, the recruitment of unqualified teachers or those employed in public schools, the closure of schools during an academic year, indulgence in false commercial propaganda to lure insufficiently informed students and parents, the charging of capitation fees and the extraction from students or parents of any undeclared financial contribution over and above the approved fee. Regulations must prohibit school selection on the basis of ability, social or ethnic origin, or any form of psychometric tests.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 100
- Paragraph text
- According to one scholar, "the failure to enforce and monitor the regulatory framework within which private schools are to function has left the educational landscape open to corrupt practice and manipulation". In addition to being prescriptive and prohibitive, the regulatory framework should also be punitive, including withdrawal of operating licences for lack of compliance with regulations. This is necessary to control non-compliance with regulations as well as to take action against private providers who indulge in fraudulent and corrupt practices, such as false declarations of profits or of salaries paid to teachers and tax evasion. It is important that corrupt and fraudulent practices are investigated, and operators and owners of schools who act illegally or abscond with student fees are prosecuted in the criminal system.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Lifelong learning and the right to education 2016, para. 56
- Paragraph text
- The right to education must be incorporated into national Constitutions and legal systems so that its normative framework can be operationalized.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 94
- Paragraph text
- Governments can support learners in various ways, such as by mandating that employers provide educational leave for employees or paid training to upgrade skills and by encouraging more people to avail themselves of unpaid educational or training leave. During his recent visit to Fiji, the Special Rapporteur was informed that the Ministry of Education provided qualified teachers up to one year 's paid leave to upgrade their qualifications. The Special Rapporteur also notes that the Government of Austria pays an allowance at the same rate as unemployment benefits to compensate for the income that has been forgone, and trainees receive a further training allowance (Weiterbildungsgeld) from the Employment Service equivalent to the level of unemployment benefit to which they are entitled. In Finland, participants can also avail themselves of a grant equal to the unemployment benefit.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Protecting education against commercialization 2015, para. 122
- Paragraph text
- Learning from the devastating impact of structural adjustments on education as an essential public service, and in the face of the prevalent market ideology and surging privatization in education, States must expand educational opportunities, recognizing the paramount importance of public investment in education as their essential obligation. Under no circumstances should a State provide financial support to private providers of education or allow private companies to operate multiple schools.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Lifelong learning and the right to education 2016, para. 33
- Paragraph text
- UNESCO has been the progenitor of the vision and the concept of "lifelong learning", and the Special Rapporteur recognizes the importance of drawing upon its work. In the 1970s, reflections by the international community under UNESCO auspices led to a shift in focus from education to learning. This was epitomized by the International Commission on the Development of Education, which in 1971 put forward a vision of "the learning society" and recommended as the guiding principle for educational policies that "every individual must be in a position to keep learning throughout his [or her] life". Recognizing that "the idea of lifelong education is the keystone of the learning society", the Commission took the view that lifelong education was not an educational system but the principle on which the overall organization of a system was founded, and which should accordingly underlie the development of each of its component parts.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 87
- Paragraph text
- It is incumbent upon States to "create an economic environment and incentives, to encourage enterprises to invest in education and training". In this respect, corporate social responsibility has a special significance. In addition, employers have a direct responsibility to provide training financing in a lifelong learning perspective. In the Blueprint on Enculturation of Lifelong Learning for Malaysia (2011-2020), under the Lifelong Learning Award of Excellence initiative, it is proposed that relevant acts and regulations be amended "to make it compulsory for employers to fund their employees' lifelong learning activities".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 88
- Paragraph text
- A number of initiatives and foundations support the development and dissemination of open educational resources. The Open Educational Resources Commons provides access to digital learning materials for all levels of education in English. Teaching materials and textbooks for all subjects are available for pre-primary to secondary schools, as well as for university courses and adult education. The Open Education Consortium is a non-profit global network of educational institutions, individuals and organizations that collaborate and develop open educational materials, including textbooks and courses in 26 languages, particularly in the sciences and technology. The UNESCO Institute for Information Technologies in Education acts as a as a centre of excellence and provider of technical support and expertise in the area of information and communications technology usage in education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 90
- Paragraph text
- Massive open online courses and other distance education formats can promote privatization, reduce public funding and increase managerial control over academic staff. "Market-leading" universities could capture the higher education market as a whole, since customers will choose the most prestigious courses in elite universities associated with "star" professors. This phenomenon has been termed "an emerging brand of academic capitalism" that is associated with entrepreneurship, as it seeks to raise significant income from the private sector.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 92
- Paragraph text
- Recalling the report he submitted to the General Assembly at its seventieth session, in which he expressed concern regarding the risks of public-private partnerships and the right to education, the Special Rapporteur calls upon Governments to be vigilant against commercial pressures that promote the sale of technology without due concern for the actual benefits of students or teachers, educational establishments and the education system at large. Governments should seek evidence of the value of any investment into digital technologies before diverting resources from the education sector. This is critically important as growing interest is being manifested today in seeking partnerships with multiple stakeholders. The Special Rapporteur emphasizes that Governments and, through them, all providers of education, whether operating independently or jointly with Governments, remain accountable given that States bear responsibility for ensuring respect for the right to education in all partnerships.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 94
- Paragraph text
- The "digital tsunami" is so powerful that legal and policy responses are not able to keep pace with it. The need for and the importance of digital technologies not only as tools but also as resources in teaching and learning processes and in creating immense possibilities of connections and collaboration must be recognized. Governments need to break down barriers to open information, eliminate digital divides and expand usage and coverage of digital services. They must optimize regulations and public policies and enhance the governance of the Internet to ensure the safe, equal and healthy application of information and communications technologies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 30
- Paragraph text
- Massive open online courses provide an alternative path to higher education. Many universities worldwide are now offering online courses, either alone or in conjunction with a massive open online course provider. Many enthusiastic promoters of knowledge societies, networking and lifelong learning can dream today of a world converted into a giant classroom in which there are a few powerful global teachers and millions of assimilators of information and knowledge packages through the Internet. Similarly, open educational resources can harness the new possibility afforded by digital technology to address common educational challenges. As a result, the landscape of higher education is undergoing rapid transformations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 47
- Paragraph text
- The Special Rapporteur deems it important to recognize that both the individual and society are beneficiaries of the right to education; the right to education is an individual right; and it is also a social right and carries "social responsibility" in education. Education, training and lifelong learning "contribute significantly to promoting the interests of individuals, enterprises, the economy and society as a whole". Thus, the collective responsibility to foster lifelong learning devolves upon key stakeholders: upon Governments to invest and create the conditions to enhance education and training at all levels; upon enterprises to train their employees; and upon individuals to make use of their education, training and lifelong learning opportunities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 123
- Paragraph text
- States should implement the recommendations contained in the 2012 Paris Open Educational Resources Declaration, recognizing their importance for strengthening the use of such resources while at the same time reducing the cost of education for the Government. High-quality textbooks, learning materials and online courses are important in education and, by sharing their development costs and promoting high-quality open resources, the savings can be invested in teacher training, school improvements and technology purchases.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 84
- Paragraph text
- In order to create a standardized and widely recognized open licensing framework, the non-profit organization Creative Commons developed a series of standardized copyright licenses. Creative Commons encourages copyright owners to license the use of their material through open content licences. These will allow for better identification, negotiation and use of their content for the purposes of creativity, education and innovation. By minimizing copyright licensing efforts and complexity, authors can ensure their work is rapidly and easily used.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 86
- Paragraph text
- First discussed at the UNESCO Forum on the Impact of Open Courseware for Higher Education in Developing Countries, held in Paris from 1 to 3 July 2000, open educational resources are understood to be all teaching, learning and research materials in any medium, digital or otherwise, that reside in the public domain or have been released under an open licence that permits no-cost access, use, adaptation and redistribution by others with no or limited restrictions. Open licensing is built within the existing framework of intellectual property rights as defined by relevant international conventions and respects the authorship of the work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Normative action for quality education 2012, para. 71
- Paragraph text
- The Special Rapporteur considers it preferable to use the terms “assessment” or “performance evaluation,” which are also referred to in national legislations and policies in many countries, rather than “input-output” model. Notably, the OECD-PISA is a system of assessment of students’ performance.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 26
- Paragraph text
- The UNESCO-ILO Recommendation concerning the Status of Teachers (1966) provides a comprehensive normative framework on teachers’ status, including their responsibilities, career advancement opportunities, security of tenure and conditions of service.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Sexual education 2010, para. 87j
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States should]: Ensure that all students throughout the country receive comprehensive sexual education with equal quality standards.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Normative action for quality education 2012, para. 37
- Paragraph text
- The concept of quality is also at the centre of the Global Compact on Learning initiative to provide quality education to all and to ensure that all children, particularly the most marginalized, have access to quality learning opportunities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Equality of opportunity in education 2011, para. 40
- Paragraph text
- Equality of opportunity and equal access to education are guaranteed in the constitutions of many countries in all regions. Constitutional provisions are noteworthy in several countries in Africa, Asia, Europe and Latin America.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 103
- Paragraph text
- A regulatory framework is necessary since an unregulated free market in higher education may lead to investments in the sector by low-quality providers. Governments must regulate fraudulent practices and ensure that fake degrees are not awarded. A regulatory framework is thus of critical importance in setting out responsibilities and accountability requirements. Regulations must reflect a broad humanistic notion of education and ensure that the digitization of education is subservient to public interest.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Sexual education 2010, para. 31
- Paragraph text
- Article 24 of the United Nations Convention on the Rights of Persons with Disabilities calls on States to ensure an inclusive education system that ensures a sense of dignity and self-worth and the full development of the mental and physical abilities of such people. Article 25 establishes that States should "provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the field of sexual and reproductive health".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 32
- Paragraph text
- Prominent among the questionnaire responses was the perception that the cultural diversity which follows as a result of migration ought to be valued as a resource, rather than being conceived as an instrument of division. The Special Rapporteur found the repeated statement that the migrant, refugee and asylum-seekers’ presence in national education systems could be drawn upon more systematically to enrich and enhance non-formal and formal learning environments, and thus the learning experience of all students.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 33
- Paragraph text
- However, there continue to be tensions between national and migrant, refugee and asylum-seeker communities. These tensions often reach levels of xenophobia, as both experience unfamiliar languages, cultural practices and expectations. These can be exacerbated when finite resources are perceived to be focused upon one community at the expense of the other. One contributor from Liberia noted: “if education is not equitably distributed ... there are bound to be pockets of dissatisfaction and escalation of crime”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 36
- Paragraph text
- The Special Rapporteur highlights the issues facing families in conflict-affected areas, especially those on precarious incomes. Pertinent is the comment of a refugee who stated that: “shortage of food forces parents to use their children to work”; and another who stated that: “an empty stomach does not have ears”. In such contexts, food and shelter are prioritized over payment of education fees (where imposed) and indirect costs to quality education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 49
- Paragraph text
- Teachers and schools (meso-level) are positioned at the intersection of national and subnational policy directives and programmes (macro-level), on the one hand, and the expectations of households (micro-level) in the delivery of education, on the other. The Special Rapporteur recognizes that the meso-level processes linking the individual and society matter tremendously for student performance, and thus the right to education for migrants, refugees and asylum-seekers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Equality of opportunity in education 2011, para. (b)
- Paragraph text
- Financing education: The share of resources allocated to ensure the provision of education is frequently unstable and insufficient, deeply affecting the realization of this right. The Special Rapporteur will pay attention to legal and institutional mechanisms that ensure the provision of adequate resources for education. He also intends to look at innovative forms of financing education and to assess how the human rights normative framework may guide State action in these areas.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 68
- Paragraph text
- In 1997, the Constitutional Court of Colombia ruled that by excluding pupils on an economic basis, schools violate their right to education. The Constitutional Court of South Africa held that “affirmative action in education, which would give preference to previously disadvantaged persons to gain admission (to university), is allowed by section 9(2) of the Constitution.” Other rulings from the same court in South Africa also protect the right to education and language rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 72d
- Paragraph text
- [The Special Rapporteur puts forward the following recommendations for the promotion of equal opportunities in education on the basis of a human rights framework:] Support mechanisms promoting the enforcement of the right to education: States should ensure adequate support to independent national human rights institutions, as these can greatly contribute to identifying inequalities and addressing relevant situations of violation of the right to education’;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 60
- Paragraph text
- Similarly, ILO Recommendation No. 195 stipulates, in paragraph 11 (1), that "Measures should be adopted, in consultation with the social partners and using a national qualifications framework, to promote the development, implementation and financing of a transparent mechanism for the assessment, certification and recognition of skills, including prior learning and previous experience, irrespective of the countries where they were acquired and whether acquired formally or informally."
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 72
- Paragraph text
- Although States carry the primary responsibility for technical and vocational education and training, in a modern market economy, new partnerships among Government, employers, professional associations, industry, employees and their representatives, the local community and non-governmental organizations have become necessary for policy design and delivery of technical and vocational education and training, in addition to its financing. In this context, the normative framework established by ILO is especially important.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 85
- Paragraph text
- Education should be central to the notion and concepts of global public goods and the intellectual commons which are increasingly being discussed in international forums. Education benefits both the individual and the society and its sanctity should be safeguarded by avoiding its mercantalization, geared towards commercial gains only. Education should be preserved as a public good so that it does not become devoid of social interest.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 21
- Paragraph text
- Thus, a holistic conceptual framework of quality education comprises: (i) a minimum level of student acquisition of knowledge, values, skills and competencies; (ii) adequate school infrastructure, facilities and environment; (iii) a well-qualified teaching force; (iv) a school that is open to the participation of all, particularly students, their parents and the community. It is relevant to underline that quality in education cannot be achieved without provision of adequate resources to respond to quality imperatives.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Year
- 2012
Paragraph
Assessment of the educational attainment of students 2014, para. 70
- Paragraph text
- The UNESCO Recommendation Concerning the Status of Teachers, adopted by the Special Intergovernmental Conference on the Status of Teachers in 1966, lays down a comprehensive normative framework on the teaching profession. It also recognizes the essential role of teachers in educational advancement. It applies to all teachers in both private and public schools and provides guidance on a diverse range of matters, including the roles and responsibilities of teachers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Public-private partnerships in education 2015, para. 101
- Paragraph text
- Accordingly, the Special Rapporteur considers that regulations on public-private partnerships in education should include three elements: (a) Screening for all private partners engaged in for-profit businesses and pursuing private interests through a controlling environment; (b) Promoting and supporting contributions to education in a philanthropic spirit; (c) Creating an enabling environment to establish partnerships which promote technical and vocational education and training.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 115
- Paragraph text
- It should be mandatory for private providers to be transparent. That is necessary to allow students, teachers and the community as stakeholders to take up with the public authorities those matters in public-private partnerships which are not in conformity with the right to education and seek remedies, especially in matters such as the management of schools under public-private partnerships. Care must be taken to ensure that negotiations for public-private partnerships are fully transparent and are not kept confidential.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 120
- Paragraph text
- The rapid expansion of privatization, owing to the deregulation and liberalization of the education sector, has led to a push towards more public-private partnerships. With a wide range of arrangements and modalities, public-private partnerships in education, linked to privatization, are becoming endemic at all levels. Lured by false propaganda, Governments turn to the private sector in search of financial support, better management of education and even for running the education system.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Assessment of the educational attainment of students 2014, para. 95
- Paragraph text
- In relation to encouraging and supporting civil society organizations and NGOs, the Special Rapporteur recommends that: Governments encourage NGOs and civil society organizations in their valuable role in raising the level of the public debate on key issues and in defending a holistic approach to student assessments. As such, the public authorities should maintain a constructive dialogue with NGOs and civil society organizations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 127
- Paragraph text
- In the context of its ongoing work on the development of a global convention on the recognition of higher education qualifications, UNESCO could address the issue of the awarding of fake degrees and certificates and consider becoming a repository of all nationally recognized degrees and diplomas. UNESCO should also advise States to implement a national-level system of legal action against the awarding of fake degrees and diplomas and against fraudulent practices.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Protecting education against commercialization 2015, para. 37
- Paragraph text
- These developments have their genesis in the education sector strategies of the World Bank, which have stressed since the 1980s the key role of the private sector in education and compelled developing countries to initiate significant cuts under structural adjustments to their public services, including education. The most recent World Bank education strategy, the education sector strategy 2020 (released in 2011), gives increased prominence to private-sector engagement in education; as does the Global Partnership for Education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Lifelong learning and the right to education 2016, para. 111
- Paragraph text
- The United Nations treaty bodies and States involved in the universal periodic review should enquire into how lifelong learning is being implemented, keeping in view the international normative framework for education, learning and training. They should also ensure that Governments abide by their responsibility undertaken under Sustainable Development Goal 4 on education in the 2030 Agenda for Sustainable Development, as well as pursuant to their commitments under the Education 2030 agenda.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 99
- Paragraph text
- Gaining the resources for digital technologies will inevitably involve private providers such as network operators, content providers and other stakeholders. Massive open online courses can involve creating partnerships between educational institutions in developed and developing countries, Governments, development agencies and the private sector. It is when Governments establish fundamental principles and a clear policy framework that the private sector can be involved in the provision of relevant products and services.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 101
- Paragraph text
- In order to take advantage of the many opportunities associated with open educational resources and online learning in general, standards and quality assurance mechanisms need to be agreed and adopted, especially for monitoring, measuring and validating learning outcomes. Policies regulating the development and use of these resources should be designed to add value to existing education policies and to contribute to meeting education goals, rather than to function as isolated, additional policy documents.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 102
- Paragraph text
- An area that poses stupendous challenges is that of controlling online or correspondence providers, many of which operate from locations with no controls at all and offer their own awards, free from regulation. Public authorities must find ways of preventing underqualified or fraudulent providers from acting as universities and from issuing worthless qualifications, including in situations where providers are based overseas and operate through the Internet.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 106
- Paragraph text
- Prohibitive regulations are necessary to ensure that fraudulent practices, for example in the online delivery of education, and any attempt to commercialize education are not allowed. Governments should prohibit all commercial advertising and propaganda on the virtues of information and communications technologies that are detrimental to basic human values and ban any portal or website facilitating pornography, violence, cybercrime, terrorism and any other crime.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 80
- Paragraph text
- An emerging consensus on the importance of technical and vocational education and training is confirmed by numerous initiatives taken in all regions of the world to introduce reforms in technical and vocational education and training systems while responding to quality imperatives in education. Such initiatives are thus propelled by a variety of skill requirements in rapidly changing of economies of the twenty-first century.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Protecting education against commercialization 2015, para. 112
- Paragraph text
- Education benefits both the individual and the society and must be preserved as a public good; social interest in education must be protected against its commercialization. The corrosive impact of privatization on the right to education must receive foremost consideration in education laws and public policies. The commercialization of education should have no place in a country's education system.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 118
- Paragraph text
- Exploding demands for education have led to an exponential growth of private providers of education. A comprehensive and sound regulatory framework for controlling private educational institutions and ensuring their conformity with norms and standards is required. While preserving public interest in education, a system of effective sanctions in the case of abusive practices by private providers of education must exist.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Privatization and the right to education 2014, para. 109
- Paragraph text
- Corruption by private providers remains unscathed owing to the lack of financial regulations, scrutiny of their operations and control mechanisms. Nationally designated authorities should undertake a full-scale investigation of fraudulent practices, including tax evasions by private providers, who reap profits in the name of education. States should ensure that the financial operations of all private providers are regularly scrutinized.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Public-private partnerships in education 2015, para. 129
- Paragraph text
- Regulations for public-private partnerships in education should be composed broadly of: (a) Screening all private partners engaged in business and pursuing private interests through a controlling environment; (b) Promoting and supporting contributions to education in a philanthropic spirit; (c) Creating an enabling environment to establish partnerships that promote technical and vocational education and training.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 57
- Paragraph text
- Many examples of philanthropy exist. For example, the Azim Premji Foundation in India cooperates with the Government in expanding education opportunities in the country. The Fondation nationale des sciences politiques in France is another example of public-private partnerships in education serving the public purpose. Engaged in imparting quality and excellence in education, it also involves private support, serving education as a social cause rather than a commercial pursuit.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Sexual education 2010, para. 9
- Paragraph text
- One of the main methods used by the patriarchal system and its agents to maintain their sway is to deprive people of the possibility of receiving a human rights education with a gender and diversity perspective.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Sexual education 2010, para. 1
- Paragraph text
- The present report is submitted pursuant to Human Rights Council resolution 8/4, adopted on 18 June 2008, which requested the Special Rapporteur to report also to the General Assembly. Since the submission of his previous report, the Special Rapporteur has held countless working meetings with governments, United Nations agencies and other multilateral bodies, teachers' unions, non-governmental organizations (NGOs), universities, students and national human rights institutions in almost all regions of the world. The Special Rapporteur wishes to thank the Latin American Committee for the Defence of Women's Rights for its assistance with the preparation of this report.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Financing education and update on education in emergencies 2011, para. 71
- Paragraph text
- Despite deficiencies in monitoring mechanisms, increased attention on the part of the international community to situations of attack against education in emergencies can be noted. In 2010, the Global Coalition to Protect Education from Attack was established by international and non-governmental organizations to jointly promote efforts to prevent, respond to and monitor attacks against education. The Secretary-General included information on such situations in his most recent report on children in armed conflict. The same was done by the Special Representative of the Secretary-General for Children and Armed Conflict, who recalled the importance of protecting schools against attacks and underlined that "enhancing accountability mechanisms for such crimes is key to ensuring that schools remain safe havens and zones of peace".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 72
- Paragraph text
- The Special Rapporteur considers that enhancing the capacity of mechanisms monitoring situations where education systems are targeted by those involved in armed conflict is essential to end invisibility and impunity. In that regard, he welcomes the recent adoption by the Security Council of resolution 1998 (2011), in which, expressing deep concern about attacks against schools, the Council requested the Secretary-General to include in the annexes to his reports on children and armed conflict information about recurrent attacks on schools and recurrent attacks or threats of attacks against protected persons in relation to schools. The Security Council's monitoring and reporting mechanism has already played an important role in the identification of grave violations committed against children in armed conflict, and continuing and growing attention to attacks against schools will be vital to enhance protection of the right to education. To further ensure accountability, the capacity of domestic and international justice systems must also be enhanced, allowing for the prosecution of perpetrators, including non-State actors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 39
- Paragraph text
- Public investment in basic education can be enhanced by mobilizing additional resources from contributions of local bodies, private donors and communities through institutional mechanisms that supplement Government funding. For example, the Tanzania Education Authority, under the Education Fund Act, 2001 can "receive gifts, donations, grants or other moneys on behalf of the Fund". Similar mechanisms exist, for instance, in India with the Bharatiya Shiksa Kosh (education fund) and in Nigeria with the Education Tax Fund. It must be ensured that the modus operandi of all such institutional mechanisms is fully respectful of transparency and accountability.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 41
- Paragraph text
- As described above, human rights instruments clearly establish State obligations to finance education. Translating these obligations into practice requires a number of legal and policy instruments to ensure that investment in education is predictable and sustainable and that financial resources are made available and properly utilized in a timely manner to ensure the broadest possible enjoyment of the right to education. Adopting a legal framework for financing education offers an important tool for fostering accountability, as action affecting public investment in education can become the subject of domestic legal action.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 66
- Paragraph text
- It has already been noted that lifelong learning is understood in different ways. However, when considered holistically, there are relatively few established models or traditions for implementing socially inclusive forms of lifelong learning, particularly when viewed through the lens of migration. Such learning is perceived by the Special Rapporteur, however, as having the potential to address the individual’s capacity for learning for and through life and an imperative to inclusion and social cohesion at a time of economic recession. It must be comprised of a balance of interlocking and mutually supportive opportunities for vocational, social and individual learning.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Financing education and update on education in emergencies 2011, para. 58
- Paragraph text
- The current update is divided into six sections reflecting the content and core recommendations of resolution 64/290. Each section provides an indication of remaining challenges in the promotion of education in emergencies, and progress made in the past three years. The first section focuses on the recommendation for increasing political and financial support to education in emergencies. The second section addresses the recommendation to better protect schools from attacks and to ensure accountability. The third section addresses the recommendation to better prepare education systems for situations of natural disaster. The fourth section addresses the recommendation that attention be given to the specific needs of girls and other marginalized groups. The fifth section focuses on the recommendation to ensure quality education in emergencies. The sixth section is dedicated to the need for improving the collection of data on education in emergencies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- Girls
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 60
- Paragraph text
- Millions of persons continue to be deprived of their right to education in emergencies. Enhanced political attention and sustainable financial support are essential to safeguard this fundamental right. Lack of sufficient attention to education in emergencies continues to affect prospects for achieving both the Millennium Development Goals and the Education for All (EFA) goals. The EFA Global Monitoring Report, 2011 underlines that around 28 million children of primary school age in conflict-affected countries are estimated to be currently out of school. This represents 42 per cent of the total number of children in the world who are out of school. Education is also at risk from natural and man-made disasters: an estimated 875 million schoolchildren live in high seismic risk zones and hundreds of millions more face regular flood, landslide, extreme wind and fire hazards, as well as slow onset disasters.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Environment
- Humanitarian
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 62
- Paragraph text
- Increased and more coordinated attention to education among the stakeholders providing humanitarian assistance remains a key concern. The recent partnership between The Sphere Project and the Inter-Agency Network for Education in Emergencies (INEE) in preparing the companionship agreement guiding the integration of quality education in humanitarian response represents an important step in the promotion of more coherent and dedicated attention to education within the humanitarian community. Traditionally excluded from humanitarian priorities, the restoration of access to education continues to be cited as a priority by families and young people affected by emergencies. Responding to the needs identified by communities affected is an essential component of humanitarian responses, and central to the implementation of the right to education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- Families
- Youth
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 63
- Paragraph text
- Despite the increased recognition of the importance of education in emergencies by the international community and by communities affected by emergencies, funding remains extremely limited. Only a few donor agencies have explicitly included education as part of their humanitarian policies. The EFA Global Monitoring Report, 2011 underlined that in 2009, the share of humanitarian aid dedicated to education in conflict-related emergencies represented merely 2 per cent of total humanitarian aid. It concluded: Education is the poor neighbour of a humanitarian aid system that is underfinanced, unpredictable and governed by short-termism. It suffers from a double disadvantage: education accounts for a small share of humanitarian appeals, and an even smaller share of the appeals that get funded.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 30
- Paragraph text
- Article 3 of the Convention on the Rights of Persons with Disabilities specifically mentions equality of opportunity as a general provision of the treaty, while article 24 contains detailed provisions concerning the right of persons with disabilities to education “without discrimination and on the basis of equal opportunity.” Of particular importance is article 24.2 (b) which stipulates that States shall ensure that “persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others ….”
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 31
- Paragraph text
- The International Convention on the Rights of All Migrant Workers and Members of Their Families also protects the right to education on a basis of equality. Specifically, article 30 states that “each child of a migrant worker shall have the basic right of access to education on the basis of equality of treatment with nationals of the State concerned.” Articles 43 and 45 further emphasize equality of treatment for migrant workers and members of their families in relation to access to educational institutions, as well as vocational training.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 33
- Paragraph text
- The UNESCO Convention against Discrimination in Education is a key instrument addressing the fundamental principles of non-discrimination and equality of opportunity in education. Adopted in 1960 and in force since 1962, it seeks not only to eliminate discrimination in education but also to adopt positive measures to promote equality of opportunity and treatment. Article 4 of the Convention specifically lays down the obligations of the States parties to the Convention to “undertake […] to formulate, develop and apply a national policy which, by methods appropriate to the circumstances and to national usage, will tend to promote equality of opportunity and of treatment in the matter of education”.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 46
- Paragraph text
- Poverty is one of the main obstacles to realizing the right to education. Similarly, education is recognized as a powerful lever to pull children out of poverty and empower them. Nationally and internationally agreed targets for poverty reduction will be missed, and inequalities among countries and within societies will widen, if progress towards Education for All is not accelerated. The magnitude of the challenge in promoting equal opportunities in education can be gauged by the fact that the number of people living in extreme poverty and hunger surpasses one billion.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Poverty
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 17
- Paragraph text
- A global strategic initiative on technical and vocational education and training has emanated from UNESCO, which adopted a five-year strategy for the sector in 2009. Consequently, the work of UNESCO in this field has focused on the provision of upstream policy advice and related capacity development, and the clarification of the concept of skills development and improvement of monitoring. Moreover, in the same year, UNESCO partnered with the International Labour Organization (ILO), the World Bank, the Organization for Economic Cooperation and Development (OECD), the European Commission, the European Training Foundation and the Asian Development Bank to establish the Inter-Agency Group on Technical and Vocational Education and Training with the aim of coordinating activities in the technical and vocational education and training field, particularly in developing countries.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 76
- Paragraph text
- Institutionalized collaboration among technical and vocational education and training institutions and enterprises and industry can be established on the basis of an agreed framework covering areas such as: (a) systematic consultation with enterprises in establishing vocational trades in technical and vocational education and training studies, and in catering to their skill requirements; (b) obligatory apprenticeship of certain duration for students in enterprises as part of such studies; (c) association of industry and entrepreneurs with school management; (d) participation of enterprises and industry in financing technical and vocational education and training institutions/programmes; (e) training schemes for technical and vocational education and training instructors and teachers in enterprises to enable them to enrich practical experience; and (f) provision of incentives (including tax incentives) to enterprises which contribute to the development of this education and training.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 16
- Paragraph text
- Concerns regarding quality in education often focus on low levels of learning achievements, assessed in terms of knowledge, skills and competencies, and have implications for a conceptual framework concerning quality education. Knowledge and skills in reading, mathematics and scientific literacy, predominant in quality appraisals, is no doubt crucial. Its conceptual moorings lie in the “basic learning needs” as defined in the World Declaration on Education for All (1990) and reaffirmed at the World Education Forum (2000). This is emerging as a priority in national education development strategies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 20
- Paragraph text
- The concept of the “four pillars of education” (learning to know, learning to do, learning to live together and learning to be) provides the basis for a broader conceptual understanding of quality education. A well-qualified, motivated and well-looked-after teaching force is another central aspect of this holistic conceptual framework. Quality hinges upon giving teachers the necessary ability to impart knowledge, values and skills, and upon valorizing their status. Moreover, quality education cannot be successfully imparted without adequate infrastructure and facilities and a school environment in which teachers, parents and communities are all active participants in school life.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 83
- Paragraph text
- Quality education will remain elusive so long as education systems practise marginalization and exclusion. Bringing about de facto equality of opportunity in education necessitates an equity-based approach to education. Through education laws and policy, States need to give particular consideration to the educational needs of economically and socially marginalized groups, such as those living in poverty, ethnic and linguistic minorities, children with disabilities and indigenous children. In this regard, Human Rights Council resolution 17/3 urges States to give full effect to the right to education by ensuring adequate legal protection and addressing multiple forms of inequality and discrimination in education through comprehensive policies. An example of an inclusive approach is provided by Spain’s Organic Education Law (2006), which centers around the fundamental principle of quality of education for all students, combined with equity and equal opportunities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 84
- Paragraph text
- In this context, attention must be paid to ensure that the adoption of quality standards for education does not further penalize schools in poorer and marginalized neighbourhoods. National or international assessment of students’ performance, for example, should not adversely affect the fate of students and schools in marginalized pockets of society. Some ranking exercises might result in favouring well-served schools in wealthier areas and reinforcing stigmatization of schools in poorer areas. Such exercises might also cause schools to reject underperforming children and further exacerbate marginalization. Provisions in the UNESCO Convention against Discrimination in Education are highly pertinent in this respect.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 61
- Paragraph text
- Further examples of different types of measures focusing on improving the quality of the teaching workforce are provided below.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 63
- Paragraph text
- In Portugal, several legal decrees establish a Master’s degree as the minimum qualification for entering the teaching profession for all levels of basic education, including preschool education. To qualify as a teacher in Albania, a candidate must have a Master’s degree in education, one year of professional training and must have passed the State Examination for Teachers. In France, initial training equivalent to a Master’s degree in a university is necessary for a teaching position. In Nigeria, the minimum teaching qualification is the Nigeria Certificate in Education (NCE). Minimum eligibility qualifications for entry into the teaching profession have also been laid down in the United Kingdom of Great Britain and Northern Ireland and in Finland, including specific training prior to deployment in the schools.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 83
- Paragraph text
- The principle of social justice, which is at the core of the global mission of the United Nations to promote development and human dignity, also underpins human rights. Social justice and equity are of perennial importance in terms of foundations not only of EFA but also of technical and vocational education and training-based approaches to poverty reduction strategies and the role of technical and vocational education and training in the context of the Millennium Development Goals. They are invaluable for bridging the widening gap between rich and poor and harnessing technical and vocational education and training for the common well-being.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 88a
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] [Develop and strengthen national legal and policy frameworks for quality education:] • National human rights institutions, where they exist, as well as the judiciary, are vital to monitoring initiatives in this regard and to safeguarding the quality of education;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 88h
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] Encourage further debate in international human rights bodies: • In view of the crucial role of quality education in nation-building, further debate on the right to quality education at the global level must be encouraged. The organization of a thematic discussion under the auspices of the Human Rights Council could go a long way in giving impetus to national action for achieving quality education;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 88h
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] [Encourage further debate in international human rights bodies:] • The United Nations human rights treaty bodies – in particular the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women – should pay enhanced attention to quality in education in order to further emphasize State obligations in this regard;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 88i
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] Support research and reflection on quality in education: • Further research and reflections on the requirements for quality in education should be promoted by universities and education research centres. Civil society organizations should also contribute to this process by monitoring the situation of education and promoting initiatives that foster quality in education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 51
- Paragraph text
- In order to ensure that technical and vocational education and training programmes are relevant to local economic opportunities, the strategy should aim at fostering action at the national level aimed at developing public-private partnerships under the overall reasonability of States, within the framework of an institutionalized collaboration between technical and vocational education and training institutions and enterprises, and anchored by human rights. Such partnerships are necessary to mitigate prevalent weaknesses in that area, especially in the developing world, where much more strong linkages between technical and vocational education and training institutions and enterprises are essential for making the system of technical and vocational education and training more responsive to growing skill demands and giving it greater capacity for contributing to industrial and socioeconomic development.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 55
- Paragraph text
- The growing importance of lifelong learning as a means to find employment and escape poverty suggests that it be better studied and clarified as part of the right to education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 67
- Paragraph text
- That the importance of education is not only a right in itself, but also is essential for the enjoyment of all other rights must be recognized in the post-2015 development agenda. As already mentioned, poverty cannot be eradicated without education. The key role of education should be clearly recognized for the empowerment of women and girls. Unemployed youth and adults require additional education and training to develop skills and find decent work. Education can promote values necessary for creating democratic, stable and peaceful societies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Girls
- Women
- Youth
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 68
- Paragraph text
- The central role of education in accelerating progress towards all Millennium Development Goals is now recognized and clearly shows that any goal that is set for a future development agenda should be underpinned by educational dimensions, and the post-2015 development agenda must invariably take into account such educational dimensions. Its importance is also reflected in the Global Initiative on Education of the Secretary-General, Education First, mentioned above, which sets out a vision to make education a top priority of the global political agenda. The post-2015 development agenda must build upon the Initiative, along with a human rights-based concept of sustainable development.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 81
- Paragraph text
- Developing a set of indicators and their use is therefore important. Such a set of indicators will enable legal mechanisms to better identify and assess whether Government policies, programmes and their implementation are leading to improved education and learning achievements. Indicators also enable the examination of situations to ensure that vulnerable groups are not being left behind. Disaggregated indicators are important for revealing disparities among vulnerable groups, and show rural and urban divides or disparate effects on the poor.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 120
- Paragraph text
- Poverty is the greatest obstacle to the enjoyment of the right to education as well as the right to development, and its elimination is an overriding development concern. A universal goal to eliminate poverty should be intertwined with a universal goal on education, in consideration of the key importance of the right to education as a powerful lever in the elimination of the intergenerational transmission of poverty. An implementation strategy should provide permanent support in the form of grants and bursaries to the children who remain deprived of education, in particular children who are victims of extreme poverty.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Poverty
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 121
- Paragraph text
- Similarly, a universal goal related to women's empowerment should be closely linked to education as a fundamental right, with special measures in favour of women and girls in vulnerable and marginalized situations. Educating women and girls should, a priori, be viewed as a human rights imperative, rather than being undertaken solely because of potential benefits to their children or to society. States must develop "legislative developments" and adopt specific laws for women's empowerment through education within the framework of the Convention on the Elimination of All Forms of Discrimination against Women.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 50
- Paragraph text
- Jurisprudence based on national legislation can also lead to affirmative action to support the right to education. In South Africa, based on the allegation by the Eastern Cape District School Association that failure by the provincial Government to pay necessary hostel, transport, and boarding subsidies, impaired rural children of the district from attending school, the South African Human Rights Commission found this to be a violation of the rights of affected learners to basic education, and recommended that payments of these subsidies be made.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 85
- Paragraph text
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 106
- Paragraph text
- The momentum and engagement produced by the post-2015 development agenda should be leveraged to bring an international framework to the broader realization of the right to education for all. This is highly important, as the right to education is an overarching right - it is essential for the exercise of all other human rights - and warrants that education should be considered as the foundation of the post-2015 development agenda, as endorsed in Human Rights Council resolution 23/4, which underlines "the need to ensure that the right to education is central in the context of the post-2015 agenda".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Privatization and the right to education 2014, para. 55
- Paragraph text
- The State is primarily responsible for providing education. Article 13 of the International Covenant clearly regards "States as having principal responsibility for the direct provision of education in most circumstances; States parties recognize, for example, that the development of a system of schools at all levels shall be actively pursued" (art. 13 (2) (e)). The State also has the obligation to safeguard the right to education in the case of its violation. "Violations of article 13 include the failure to take 'deliberate, concrete and targeted' measures towards the progressive realization of secondary, higher and fundamental education." Regulating private providers is one of the key challenges for public policy. Privatization flourishes when the State does not assume its role as the regulator of the education system, as the 2011 universal periodic review of Haiti showed. With limited Government capacity and a lack of availability of public school facilities, 92 per cent of education in Haiti had been taken over by the private sector (see A/HRC/WG.6/12/HTI/3, para. 61).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Justiciability of the right to education 2013, para. 82k
- 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:] The United Nations Declaration on the Rule of Law, adopted by the General Assembly on 24 September 2012, emphasized that States should “promote access to justice for all, including legal aid”. To facilitate this, individuals or groups who have been denied the right to education and cannot afford to bring litigation should have access to free legal aid to support their claims. While reducing fees for all rights-based claims in courts to a minimum, States should ensure that applications before quasi-judicial mechanisms are free for complainants. Protection of the right to education of the poor should be central to poverty reduction strategies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 82m
- 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:] Knowledge regarding the means by which violations of the right to education can be adjudicated is often possessed least by those who need it most. Disadvantaged and marginalized groups in society lack resources to engage legal assistance, and are often unaware of quasi-legal mechanisms, such as the individual complaint procedure of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 82n
- 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:] Governments have the primary responsibility to disseminate such information. However, the media and civil society can play an important role in sharing information with disadvantaged groups, and should be engaged and supported where possible. The national education system should also inform students, teachers and parents of their respective rights and obligations, and how violations, when they arise, should be addressed, ranging from parent-teacher interviews and school administrative complaint procedures, to national human rights mechanisms and even international mechanisms where applicable. In particular, low-cost or free mechanisms, including those available through national or regional human rights bodies, UNESCO’s complaints and communication procedure, and the Optional Protocol should be made widely known.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 43
- Paragraph text
- Finally, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which entered into force on 5 May 2013, entitles individuals and groups of individuals to lodge complaints against States which have ratified the Optional Protocol concerning the alleged violations of the rights recognized in the Covenant, including the right to education. The Committee on Economic, Social and Cultural Rights, which would examine such complaints, may also initiate an inquiry where it receives reliable information of grave or systematic violations of rights. However, States must expressly declare to be bound by this procedure when ratifying. There is also an inter-State communication procedure for States to allege other States which are not meeting their covenant obligations. The Joint Expert Group UNESCO (CR)/Economic and Social Council (CESCR) on the monitoring of the right to education could have an important potential role in developments in this respect.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 44
- Paragraph text
- A selection of cases illustrates how courts have interpreted the right to education worldwide.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Privatization and the right to education 2014, para. 54
- Paragraph text
- The Special Rapporteur has been underlining the importance of preserving the social interest in education, while promoting the concept of education as a public good. This is invaluable in fostering the humanistic mission of education. It is also crucial for enhancing public investment in education. It provides a conceptual frame for regulating private providers of education so that the social interest in education is not sacrificed for the sake of private profit. "The State is the custodian of quality education as a public good" and this must become a guiding factor in public policies vis-à-vis private providers. The State is both the guarantor and the regulator of education, which is a fundamental human right and a noble cause. Understanding the multifaceted role of the State in education is a precondition for critically analysing educational institutions and their responsibility for preserving education as a public good.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 62
- Paragraph text
- The Special Rapporteur considers that it is important for each country to develop a national framework of certification, recognizing and validating various modes of the acquisition of skills in a coherent and unified system. The recognition of prior learning, as expressed in ILO Recommendation No. 195, can help to bridge the divide between formal and informal technical and vocational skills development systems by providing mechanisms and opportunities for the recognition and validation of experiential learning. It is also necessary to ensure that the assessment mechanisms for TVET are founded on competence-based training, not only on theory-based certification.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Public-private partnerships in education 2015, para. 33
- Paragraph text
- One can witness today the broad neoliberal policy trend towards the private provision of historically public services. Privatization is being driven by an increasing number and range of public and private actors at the global, regional and national levels. The rapidly changing global landscape of education, with the phenomenon of public-private partnerships as a form of management and service delivery in education, is in part prescribed by the donor community and international financial institutions. The private sector is now deeply embedded in education at all levels from policy and research work to delivering learning in classrooms. States cease to be fully responsible for the provision of education directly to their citizens but rather assume the role of a contractor of services delivered by a range of private providers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Privatization and the right to education 2014, para. 88
- Paragraph text
- As Global Corruption Report: Education has demonstrated, "From primary to higher education level, no part of the education cycle is immune to corruption."18 Corruption by private providers remains unscathed due to lack of financial regulations, scrutiny of their operations and control mechanisms. As a result, the provision of primary or basic education can be turned into a family business by running a school in a private house. In addition, in some cases, teachers in private schools are actually paid less than the amount the proprietors make them declare on paper. Private schools even engage teachers employed by public schools, which is not above board.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 90
- Paragraph text
- As regulators, States must sanction abusive practices by private education establishments. For instance, in 2008, the National Universities Commission in Nigeria ordered the closure of all local and foreign satellite campuses, which had mushroomed, making arrests or detaining the owners of unauthorized operations. The Special Rapporteur has commended the decision of the President of Ecuador to close, after investigation and evaluation in 2012, in conformity with constitutional law and the Higher Education Act, 14 universities that were devoid of quality and were engaging in education as business.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Public-private partnerships in education 2015, para. 71
- Paragraph text
- The dual system practised in industrialized countries, such as Australia, Germany and Switzerland, whereby students, while pursuing technical and vocational education and training programmes, also take on an apprenticeship in an enterprise, is premised upon public-private partnerships. There is huge potential for the private sector to contribute to infrastructure and equipment in schools, training programmes for instructors in technical and vocational education and training and giving students a stipend when they undertake training in an enterprise. Private partners from industry and enterprises should also contribute to developing technical and vocational education and training programmes in schools, in particular when they collaborate with foreign enterprises.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 51
- Paragraph text
- Governments should abolish voucher systems which support private providers at the cost of public education systems. States should instead take promotional measures in line with their obligations concerning the right to education, including through the introduction of schemes of financial support. Article 13 of the International Covenant on Economic, Social and Cultural Rights provides for "an adequate fellowship system" among its provisions on the right to education and, in its general comment No. 13 on the right to education, the Committee on Economic, Social and Cultural rights stated that "the fellowship system should enhance equality of educational access for individuals from disadvantaged groups". Similarly, article 3 (c) of the UNESCO Convention against Discrimination in Education lays down the criteria of "merit or need" with regard to "grant of scholarships or other forms of assistance to pupils".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Assessment of the educational attainment of students 2014, para. 81
- Paragraph text
- In that spirit, the national assessment systems of the educational attainments of students in basic education need to be revamped and developed so as to demonstrate that every child completes at least a primary education of good quality, in line with the core obligation of States, and is given access to good quality secondary education, with technical and vocational education and training (TVET) as an integral component. Assessment mechanisms for TVET-led skills development deserve greater consideration in evaluating how TVET programmes empower their beneficiaries to acquire the necessary competencies and skills which respond to a the development requirements of a country, while also recognizing the importance of a human rights perspective.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
Paragraph
Public-private partnerships in education 2015, para. 58
- Paragraph text
- The modalities of public-private partnerships when local public authorities work with communities and NGOs to construct or establish schools are different to those in which Governments enter into partnership with individual proprietors or private enterprises. In some circumstances, community schools may be sources of innovation, leading to novel teaching methods, curricula or school management practices that can improve the public system. In that respect, the Special Rapporteur refers to the report of the Intergovernmental Committee of Experts on Sustainable Development Financing (A/69/315) in which it acknowledged that "philanthropy, i.e., voluntary activity by foundations, private citizens and other non-State actors, has significantly expanded in its scope, scale and sophistication". In its report, the Committee stated that policymakers had recently shown considerable interest in a class of development financing opportunities called "blended finance", which pooled public and private resources and expertise. Those included structured public-private funds and innovative "implementing partnerships" among a wide range of stakeholders, including Governments, civil society, philanthropic institutions, development banks and private for-profit institutions. The Committee further stated that "it is important to note, however, that poorly designed public private partnerships and other blended structures can lead to high returns for the private partner, while the public partner retains all the risks". Careful consideration needs to be given to the appropriate use and structure of blended finance instruments.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 63
- Paragraph text
- Governments enter into contracts with the private sector for designing, financing, constructing and operating the infrastructure of public schools. Outsourcing non-educational services allows the private sector to provide services at costs that Governments can rarely match. School supplies, cleaning services, operating school canteens, student transport, computers and technology, or maintenance services are typical examples. It must be recognized, however, that the provision of non-educational services and constructing educational establishments in accordance with agreed norms and standards is a factor in quality education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 122
- Paragraph text
- The corrosive impact of public-private partnerships in education needs careful consideration. It must not lead to public disinvestment in education to the advantage of the private sector; nor must the State relinquish responsibility for providing quality public education. It must not undermine the norms and principles of the right to education; nor must it negatively affect education as a public good. Governments should take full care that public-private partnerships in education are not intertwined with the commercialization of education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 123
- Paragraph text
- The Special Rapporteur considers it important that Governments take a critical view of the euphoria around partnerships in the context of the sustainable development goals, analysing the implications of public-private partnerships for the right to education and the repercussions for education as a social good. For multi-stakeholder initiatives, as well as public-private partnerships, they should ensure that those partnerships do not impede access to quality education for all, free of cost, as called for in proposed sustainable development goal 4. The pursuit of private interests and the commercialization of education should have no place in the education system of a country or in any future education agenda.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 125
- Paragraph text
- A differentiated approach to public-private partnerships is necessary to distinguish partners with for-profit business interests in education from those who are committed to a social interest in education, especially those with a genuine philanthropic spirit. When seeking partners, States should accord priority to those who act out of philanthropic interest and solicit partnerships with those who act in a public spirit. Governments should foster philanthropy, encouraging its contribution to education as a social cause. They should also encourage community participation in education. Governments should ensure that public-private partnerships in education do not lead to the private sector increasing its influence over education systems at the expense of the public interest. The norms and principles of the right to education should provide a framework for partnerships to be predicated upon convergence rather than divergence of interests.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 127
- Paragraph text
- Regulating public-private partnerships in education is a complex and challenging task and requires strong public institutions and a sound regulatory framework. Regulations must ensure that public-private partnerships in education are harnessed to the broader public interest and reflect the humanistic mission of education. Regulatory frameworks governing public-private partnerships in education should be centred on the concept of education as a social good. They should seek to ensure responsible business practices, with effective enforcement in accordance with national education priorities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 73
- Paragraph text
- Chile has embarked on a transformative, regulatory approach to undoing the devastating impact of 30 years of market-based policies in education, which have led to high levels of school segregation and stratification. The Special Rapporteur hopes the current reforms will dismantle the underlying neoliberal economic policies and restore education as a public service through new, socially just and equity-focused legislation. He also hopes that the negative consequences of privatization in Chile will dissuade countries such as Peru from following that path. Nearly 25 per cent of Peruvian schools are private and, rather than protecting the public interest in education, Peru has issued legislative decree No. 882, which leaves it to the national consumer protection agency to regulate private schools.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 74
- Paragraph text
- In Sweden, the Government launched a major review to abolish the motivation of profit for providing education after falling in the Programme for International Student Assessment league tables and intends to bring in legislation by 2016 that would force private companies to reinvest all profits back into their schools. "The Swedish free school experiment shows that allowing for-profit providers into the school market has not led to increased performance and improved schools, but instead permitted another vested interest into education".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 105
- Paragraph text
- The repercussions of privatization in education and the need for regulation is being increasingly recognized by the United Nations treaty bodies, notably the Committee on the Rights of the Child, the Committee on the Elimination of Discrimination against Women and the Committee on Economic, Social and Cultural Rights. Thus, in its concluding observations with respect to Morocco (CRC/C/MAR/CO/3-4), the Committee on the Rights of the Child expressed concern with the rapid expansion of private education, especially at the primary level, without the necessary supervision, leading to the reinforcement of inequalities in the enjoyment of the right to education. The Committee on Economic, Social and Cultural Rights has also sought information from Morocco about the development of private education and on the impact of privatization on education system (see E/C.12/MAR/Q/4).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 106
- Paragraph text
- The questioning of the privatization of education in Ghana by both the Committee on the Elimination of Discrimination against Women (see CEDAW/C/GHA/Q/6-7) and the Committee on the Rights of the Child (see CRC/C/GHA/Q/3-5) is a welcome development. In October 2014, the Committee on the Rights of the Child asked Ghana to provide detailed information on the reasons behind the increase in private education, which limits access to quality education for children who cannot afford private school tuitions (ibid.). The Committee on Economic, Social and Cultural Rights has asked the Government of Uganda to provide information on the impact of the growth of private education on the right to education of girls and children living in poverty (see E/C.12/UGA/Q/1).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 80
- Paragraph text
- As many private providers seek to maximize the profits from education, rules and regulations to control school fees must be imposed. Otherwise, the economic accessibility of education for specific groups of the population is endangered. Public authorities can establish maximum permissible fees to be charged by private providers, with a ban on raising those fees without prior approval. The Guidelines for Private Schools in Bhutan, for instance, require private schools to set and declare yearly lump-sum school fees for a student for one academic year. In Cameroon, the fees in private schools are fixed by the State under a contract, in consultation with providers of education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 81
- Paragraph text
- The commercialization of education necessarily involves the pursuit of material values to the detriment of the humanist mission of education. Private schools propagate a commercial value system and establish a learning system devoid of cultural diversity, as they cater to particular social strata. The "cultural-valuational currency" they breed is derogatory to the "moral worth" of the very poor. Privatization eclipses a holistic approach to education: learning to know, learning to do, learning to live together and learning to be.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 109
- Paragraph text
- In this respect, the Special Rapporteur refers with concern to the 2014 report on assessing progress in Africa towards the Millennium Development Goals, which contains a recommendation to speed up private sector investment in education. This disrespects the proposal by the Open Working Group and undermines the right to education. The conclusions in the report that "Africa must build a vibrant private sector that supports the development of a dynamic primary education system ... establishing a liberal and attractive regulatory framework that is conducive to profitable returns on investment" overthrows States' responsibility for education as an essential public function. Ensuring free education of good quality for all is a core obligation of States, as established in, among others, the African Charter on Human and Peoples' Rights, which provides that every individual shall have the right to education. The Special Rapporteur therefore commends a joint statement by civil society organizations calling for the withdrawal of that report.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 110
- Paragraph text
- Building an inclusive education system is a main thrust of the future development agenda and requires measures to curb privatization, which breeds exclusion and inequities and jeopardizes human development. Privatization impedes access to free basic education for the poor and marginalized; preventing this must be an overriding development concern, since education is a key instrument for ending poverty. The post-2015 development agenda should contain firm commitments by Governments to fostering social justice and equity and accordingly devise national implementation strategies for effectively regulating privatization in education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Poverty
- Person(s) affected
- All
- Year
- 2015
Paragraph
Lifelong learning and the right to education 2016, para. 76
- Paragraph text
- The UNESCO Guidelines for the Recognition, Validation and Accreditation of the Outcomes of Non-formal and Informal Learning recognize the need for "the learning outcomes that young people and adults acquire in the course of their life in non-formal and informal settings … to be made visible, assessed and accredited" (p. 5). The experiences and qualifications accumulated at different stages from participation in non-formal and informal adult learning and education should be recognized, validated and accredited. States should, in accordance with national qualifications frameworks, allow for "continuing education and access to the labour market, without facing discrimination barriers".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Youth
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 77
- Paragraph text
- Qualification systems for connecting skills development and lifelong learning are especially important. During his recent visit to Chile, the Special Rapporteur was apprised of the national qualifications framework for technical and vocational training being developed in the country, which aimed to organize learning process es as a continuum that included standardizing the qualifications of students in the education system and promoting lifelong learning through the certification of skills and recognition of prior learning. The Ministry of Labour in Chile was increasing training in cooperation with the private sector to create opportunities and certify skills for employment, entrepreneurship and the emerging needs for lifelong learning.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 78
- Paragraph text
- The Special Rapporteur notes the initiatives being taken in some African countries to establish national qualifications frameworks. The national qualifications framework in South Africa provides a mechanism for awarding qualifications on the basis of the achievement of specified learning outcomes prescribed by industry. It allows for the accumulation of credits and recognition of prior learning, which fosters lifelong learning. The national vocational qualifications framework in Nigeria furnishes another example in addressing the assessment of vocational qualifications. Certification of skills relevant to the labour market acquired through technical and vocational education and training is indeed important in the process of lifelong learning.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 96
- Paragraph text
- Developing countries, especially the least developed countries, cannot meet the changing needs of learners in terms of knowledge, skills and competencies. Providing citizens with possibilities for engaging in lifelong learning is a challenging task. International cooperation for lifelong learning is thus critically important. The Special Rapporteur commends the concern expressed in this regard in the normative framework of ILO: "increase technical and financial assistance for developing countries and promote, at the level of the international financial institutions and funding agencies, coherent policies and programmes which place education, training and lifelong learning at the centre of development policies ".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 97
- Paragraph text
- The concept of education and learning as a continuum, no longer limited by age, is now globally recognized. As the Special Rapporteur has highlighted in the present report, education and learning are perceived as a continuing process, along with training as its valuable component. Those conceptual developments have led to the emergence of the right to learning, integrally linked with the right to education and training. The normative bases of adult or continuing education laid down in international human rights conventions have been expanded by instruments elaborated by UNESCO and ILO to endow lifelong education, learning and training with a legal framework. That evolution has also been followed in some countries, which have adopted education laws, policies and strategies on lifelong learning.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 34
- Paragraph text
- The Special Rapporteur commends the report of the International Commission on Education for the Twenty-first Century entitled Learning: The Treasure Within ("Delors report"), which brought to the fore the need to rethink and broaden the notion of lifelong education as a continuous process and its importance in providing everyone the opportunity as "an ongoing process of improving knowledge and skills". Learning throughout life was perceived as "the heartbeat of society" and was underpinned by a conception of education in which the formal system was linked to the informal system, in which age was not a barrier to the pursuit of education, and which was centred on four key pillars: learning to know, learning to do, learning to live together and learning to be.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 103
- Paragraph text
- States should recognize the importance of developing and strengthening the normative framework for lifelong learning, taking into consideration the right to learning as well as the right to education and training. They should also recognize the right to education and learning as a social right and a social responsibility. They should develop a normative framework that reflects the right to education, learning and training. In this respect, consideration should be given to available examples. Moreover, the right to education, learning and training should be developed in its nexus with other rights. Governments should review labour laws so as to make them conducive to operationalizing the right to learning as well as the right to training.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 106
- Paragraph text
- Technical and vocational education and training should be recognized as a linchpin in the concept of lifelong learning and as a font of skills development and professional excellence. Countries should focus on fostering entrepreneurship through an overall lifelong learning framework. States, along with social partners and enterprises, should develop innovative approaches to technical and vocational education and training in order to respond to the diverse aspirations and needs of individuals and societies in a rapidly globalizing world.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 34
- Paragraph text
- Digital technologies are ubiquitous only in principle; in real life, their presence is fractured by the digital divide.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 52
- Paragraph text
- The emerging trend of giving qualifications through massive open online courses for distance learning is concerning, as many of the usual modalities of university instruction and assessment are lacking. Often, students enrolled in massive open online courses are not assessed, or are inadequately assessed, and are not given certificates. Although institutions have started to award credits for massive open online courses and novel forms of certifications such as badges are being introduced, these are still seen as an inferior form of educational outcome and an inadequate indication of the quality of learning. Such criticisms may be more relevant to universities in the global North.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 43
- Paragraph text
- The signatories to the declaration adopted at the International Conference on Information and Communications Technologies and Post-2015 Education, held in Qingdao, China, affirmed their collective understanding of how to unleash the full potential of information and communications technologies for education and for achieving the Sustainable Development Goals. They also reaffirmed their commitment to the Incheon Declaration and the Education 2030 framework for action and to the use of technology to strengthen access to and inclusion in education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 58
- Paragraph text
- In the light of the rise of online and web-based learning, the Special Rapporteur considers it important to recognize the limits of the pedagogical value of technology-based and distance education, putting a premium on face-to-face learning and human interactions in education. All forms of online education may help increase access to higher education, but only if they are a supplement to, and not a replacement for, proven pedagogical practices. Very high enrollment rates for massive open online courses are offset by their extremely low completion rates, which traditional face-to-face teaching does not suffer from.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 63
- Paragraph text
- The negative impact of information and communications technologies on the quality of learning, as well as on the mission of universities as the seat of learning, must be taken into consideration. Without diversified sources, massive open online courses can reinforce a monolithic education system. A greater proportion of students are reading less, referencing less and writing with less clarity and boldness. Students rely on the Internet rather than on referred course readings for research material. The popularity of Google is facilitating laziness, poor scholarship and compliant thinking. The Internet seems to be chipping away at students' capacity for concentration and contemplation. Use of the Internet and digitalization places the focus on application rather than on contemplation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 67
- Paragraph text
- Full development of the human personality is the primary objective of education, as laid down in international human rights conventions. The four pillars of education - learning to know, learning to do, learning to live together and learning to be - propounded by the International Commission on Education for the Twenty-First Century in its 1996 report Learning: the Treasure Within, continue to be important. Higher education is a public good and a public service, and massive open online courses should not be used to weaken public provision of education or promote the privatization and commercialization of public education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 79
- Paragraph text
- Persons with disabilities, particularly those who cannot make use of print media, are denied access to information and cultural life when copyright laws prevent them from converting media to other formats. The use of Braille printers, text readers or digitalization aides to convert print media into accessible formats amounts to illegal copying, unless exceptions are created in national laws. While exceptions have been created by some countries, a general exception allowing texts to be converted for the purposes of accessibility should be made a general principle of copyright law.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Sexual education 2010, para. 87g
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States should]: Foster respect for cultural relevance and age-specific criteria in the context of comprehensive sexual education;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Justiciability of the right to education 2013, para. 34
- Paragraph text
- The European Court of Human Rights, the Inter-American Court of Human Rights and the African Court on Human and Peoples’ Rights are examples of regional human rights courts, established for the enforcement of regional treaties, as mentioned above.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
Paragraph
Assessment of the educational attainment of students 2014, para. 66
- Paragraph text
- It is up to States to adopt national assessment mechanisms which ensure that their education systems are in conformity with human rights law, including but not limited to those relating to the right to education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2014
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 98
- Paragraph text
- States should provide support to civil society organizations in their role of promoting and monitoring technical and vocational education and training initiatives.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 57
- Paragraph text
- The quality of education received is heavily dependent on the qualifications and motivation of teachers. Hence, the adoption of a normative framework for the teaching profession is also extremely important.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Financing education and update on education in emergencies 2011, para. 42
- Paragraph text
- Below, the Special Rapporteur mentions some core concerns that deserve further attention in the implementation of legal instruments for financing basic education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Sexual education 2010, para. 28
- Paragraph text
- In accordance with the provisions of article 3 of the International Covenant on Civil and Political Rights, the Human Rights Committee in its concluding observations has expressed concern about the elimination of sexual education from school curricula and the high rate of unwanted pregnancies and abortions among girls and adolescents and has requested that States should take measures to help young women avoid unwanted pregnancies, including by strengthening family planning and sexual education programmes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Health
- Person(s) affected
- Adolescents
- Girls
- Women
- Youth
- Year
- 2010
Paragraph
Financing education and update on education in emergencies 2011, para. 36
- Paragraph text
- In China, the Compulsory Education Law, as amended in 2006, provides for nine years of basic education. It guarantees that basic education will be financed by the State Council and local people's governments. The National Plan for Medium and Long-term Education Reform and Development (2010-2020) recognizes that funding of education is a basic and strategic investment. Under the plan, it is proposed to raise public expenditure on education to 4 per cent of GDP by 2012.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 37
- Paragraph text
- Some legal frameworks devolve financing responsibilities to subnational entities. In Iceland, the Compulsory School Act No. 19 of 2008, provides that the municipalities shall finance the capital investment costs of compulsory education. In Thailand, the National Education Act, 1999 authorizes the State and local bodies to levy educational taxes as appropriate. Some countries having a federal system make specific financing arrangements in terms of the competence and responsibility of federal and provincial (state) authorities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 61
- Paragraph text
- General Assembly resolution 64/290 reflects States' recognition of the urgency of ensuring the realization of the right to education as an integral element of humanitarian assistance and response. Debate and research efforts within the United Nations system are helping to unveil what has been called a "hidden crisis" by the EFA Global Monitoring Report. Thematic days of discussion focused on the topic were conducted by the Committee on the Rights of the Child in 2008 and the General Assembly in 2009.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Sexual education 2010, para. 78
- Paragraph text
- [On the basis of the foregoing remarks, the Special Rapporteur considers that:] Progress with regard to sexual education has been made in all regions; however, in general there is a worrying lack of comprehensive and sustainable public policies in this area; content is scattered throughout the educational curriculum; and the perspectives of rights, gender, sexual diversity, disability and non-discrimination are not incorporated into the provision of sexual education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Persons with disabilities
- Year
- 2010
Paragraph
Normative action for quality education 2012, para. 52
- Paragraph text
- The physical environment requirements can include aspects such as the presence of basic facilities (sanitation, separate toilets for girls, ramp for persons with disabilities) and adequate infrastructure (lighting, acoustic, safety and security, communication facilities). Facilities and equipment in schools must be appropriate in terms of instruction needs, health and sanitation, safety and management. Specific norms are required for infrastructure for technical and vocational education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Girls
- Persons with disabilities
- Year
- 2012
Paragraph
Equality of opportunity in education 2011, para. 61
- Paragraph text
- Affirmative action and promotional measures are highly important for addressing the educational needs of those living in poverty. Such measures may be suitable in cases of long-standing or historical and persisting forms of discrimination. The systemic exclusion of specific groups from higher levels of education can also be addressed through the adoption of temporary special measures. These might range from the establishment of enrolment quotas to the offer of financial incentives targeted to particularly vulnerable groups.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. (g)
- Paragraph text
- Freedom from violence and the right to education: If schools play a central role in the prevention of violence and the promotion of a culture of peace, it is also true that violence can often take place in the school context with serious consequences for the enjoyment of the right to education. The Rapporteur intends to address the emerging concern of violence in schools in close collaboration with the Special Representative of the Secretary-General on violence against children.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 44
- Paragraph text
- In order for legal instruments to be effective, they must offer the possibility of addressing the multiple dimensions of inequality in education, as well as the specific situation of different groups commonly excluded from the education system. Their enforcement requires a reliable and constantly updated data collection system that captures the various situations of unequal opportunities in education. In some cases, legal instruments expressly address the education of particularly vulnerable groups, such as indigenous groups.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 29
- Paragraph text
- In the recently conducted Global Thematic Consultation on Education, various aspects of the right to education were emphasized. The draft report resulting from the consultation states that one of the strongest themes that emerged in the education consultations was that the education framework should be guided by a rights-based approach in which rights are indivisible, addressing all aspects of education, including the learning environment, the teaching and learning process, Government policy, school governance and teachers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 63
- Paragraph text
- The Special Rapporteur would like to emphasize the importance of recognizing education as a public good, and of preserving the public interest in education. The recognition of a general public interest in education implies that any entity or individual should be able to claim the right on behalf of those who are victims of non-fulfilment of State obligations for the right to education. For that purpose, “access to justice for all, including legal aid” should be promoted.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 50
- Paragraph text
- The importance attached to skills development, including technical and vocational education and training, in the report of the High-level Panel is commendable. It is particularly necessary in order to meet the critical challenges of an increasingly globalized economy and the rising aspirations of youth. The target can be refined, however, by stipulating that skills development and technical and vocational education and training should be an integral part of secondary education, with pathways for the pursuit of higher education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Youth
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 73
- Paragraph text
- A recent publication by the Office of the High Commissioner for Human Rights has pointed out that courts do use statistical information in adjudicating cases of rights violations. Structural, process as well as outcome indicators are useful to determine what type of violation has occurred, and can enhance the justiciability of the right to education by providing evidence to judicial and quasi-judicial bodies of instances where States have violated their obligations in respect of education rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 81
- Paragraph text
- International, regional and national jurisprudence has demonstrated that the right to education is a legally enforceable right. In case of its violation, it can be protected and enforced through adjudicative mechanisms. These are invaluable for allowing citizens to address violations of their rights in a fair and impartial manner. Its justiciability should be publicly acknowledged, and reaffirmed by governments in the constitution and domestic legislation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 82o
- 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:] The research community, particularly universities, may usefully promote the right to education by publishing research on the application of national and international law on national educational practices.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Privatization and the right to education 2014, para. 50
- Paragraph text
- In addition to being an entitlement, education is instrumental in "promoting development, social justice and other human rights". The principle of social justice, which is at the core of the global mission of the United Nations to promote development and human dignity, also underpins human rights. Social justice and equity are of perennial importance for bridging the widening gap between the rich and the poor and for making education an equalizing force and harnessing it for the common well-being.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 82
- Paragraph text
- In all types of partnerships with industry and the private sector, the overall responsibility of States remains. This also holds true in technical and vocational education institutions, which involve specific modalities of collaboration with enterprises and industry. In a modern market economy, new partnerships among Government, employers, professional associations, industry, employees and their representatives and local community and non-governmental organizations have become necessary in this field.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 87
- Paragraph text
- Since education is a social responsibility involving parents, the community, teachers, students and other stakeholders, they can have recourse to complaints procedures and human rights protection mechanisms in cases of violation of the right to education, abusive practices and corruption by private providers. The Special Rapporteur would like to encourage a system that provides the possibility for any entity or individual to initiate legal action in the case of abusive practices by private providers as public-interest litigation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 107
- Paragraph text
- States have the obligation under human rights law to establish conditions and standards for private education providers and to maintain a transparent and effective system to monitor those standards, with sanctions in case of non adherence. Such monitoring should also include the teaching profession, in accordance with the norms laid down by the UNESCO-ILO recommendation on the status of teachers, which applies to all teachers in private and in public schools.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Public-private partnerships in education 2015, para. 37
- Paragraph text
- Various non-State providers or stakeholders in education - the private sector, NGOs, civil society organizations, communities and foundations - have different motives and interests and may pursue different objectives. The private sector generally pursues its business interests and is motivated by profit, whereas community and civil society organizations and foundations are often devoted to social services in a philanthropic spirit and should be distinguished from the for-profit private actors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Lifelong learning and the right to education 2016, para. 59
- Paragraph text
- Lifelong learning figures in the education plans and strategies of several countries, for example the strategy for lifelong learning of Denmark, adopted in 2007, which is aimed at promoting lifelong learning in all parts of society and in all areas in which the knowledge, skills and competences of people are developed and put to use. In Jamaica, the national development plan, Vision 2030 Jamaica, is aimed at empowering individuals "to learn for life" so as to be creative and productive.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2016
Paragraph
Protecting education against commercialization 2015, para. 96
- Paragraph text
- The importance of a regulatory framework has been recognized by the United States Supreme Court: even in the case of traditional private education, individual States have the power to reasonably regulate all schools, to inspect, supervise and examine them, their teachers and pupils and to ensure that teachers are of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship are taught and that nothing is taught that is manifestly inimical to the public welfare.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 43
- Paragraph text
- Entitlement to education in terms of universal access is an essential prerequisite for the exercise of the right to education. However, privatization breeds exclusion, as those who are disadvantaged are unable to access private schools. This aggravates existing disparities in access to education, further marginalizing the poor. Furthermore, voucher schemes purported to provide economically disadvantaged parents with the means to select a private school in fact promote group differentiation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 124
- Paragraph text
- Public authorities should not allow the pursuit of material values to the detriment of a humanist mission of education or the propagation by private schools of a value system solely conducive to the market economy, with learning systems devoid of cultural diversity. States must ensure that the education imparted in private schools is in conformity with the objectives of education laid down in the Universal Declaration of Human Rights and in international human rights conventions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 37
- Paragraph text
- Technology in education provides important benefits but it can also impair the right to education. While a digital device-based education can bring advantages in the form of access to a computer or electronic device, when students or schools lack the financial means to obtain access, they fall behind. When only some schools are provided with technology, or when private schools can afford better technology, existing social divisions in education outcomes will increase.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Protecting education against commercialization 2015, para. 126
- Paragraph text
- Governments should strengthen existing human rights mechanisms such as national human rights institutions and ombudspersons or create special mechanisms to regularly oversee operations of private providers. Such mechanisms should have suo motto investigatory power, with a mandate to look into alleged violations by private providers and any abusive practices. Recommendations made by such mechanisms should be implemented by Governments.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 119
- Paragraph text
- States should address issues of access, quality and equity in the use of digital technology in education and ensure that students' right to education is exercised in an equitable manner and that it is fully respected. There is a great risk that technology will widen inequalities in society if an equitable approach to its use is not adopted. State obligations for respecting, protecting and fulfilling the right to education should be a priority concern.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Financing education and update on education in emergencies 2011, para. 97
- Paragraph text
- States must ensure that disaster risk and safety considerations are factored into the planning, design, construction and reconstruction of educational facilities. Disaster risk reduction and preparedness notions should be embedded in education policies and curricula. Participatory processes involving students and their communities must be used to ensure local hazard assessments and preparedness.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Environment
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Assessment of the educational attainment of students 2014, para. 94
- Paragraph text
- In relation to strengthening national assessment mechanisms with parliamentarians, the Special Rapporteur recommends that: Given their leadership role, parliamentarians should take up the cause of education, leading the processes aimed at giving effect to the right to education and strengthening national assessment mechanisms to that effect. They can thus contribute to promoting the educational attainments of students.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 97
- Paragraph text
- The Special Rapporteur would like to make the following recommendations to United Nations and intergovernmental bodies: Within the scope of their respective mandates, when considering the right to education in their dialogue with States, the human rights treaty bodies should accord importance to ensuring that the educational attainments of students are assessed from a broader, human-rights-based approach;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Equality of opportunity in education 2011, para. (e)
- Paragraph text
- Regulating private education: Private, religious or community schools comprise an important proportion of education systems around the world. With the limited capacity of public systems in some countries, private schools become the dominant source of education. The Special Rapporteur intends to examine standards and mechanisms that ensure all non-public educational entities comply with standards of human rights law and the objectives of human rights generally.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 49
- Paragraph text
- Other groups vulnerable to limited opportunities in education and requiring targeted support include persons with disabilities, children living in the street or without parental care, migrant workers and their families, refugees, internally displaced persons and those affected by natural disasters or conflict. Moreover, nomad populations, including pastoral populations who remain deprived of equal opportunities in education, deserve special attention, especially in Africa.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 55
- Paragraph text
- The lack of support for transportation and inadequate facilities can also be a determinant factor in the exclusion of students with disabilities from education systems. Inadequate public transportation and poor infrastructure in rural and urban areas still impede access to schools for persons with mobility restrictions and those who have impaired vision. Within schools, inadequately built classrooms and toilets can also restrict their use by students with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 69
- Paragraph text
- In most countries, technical and vocational education and training often falls under ministries responsible for education, labour or science, although some specific vocational training programmes (e.g., agriculture, health and transport) fall under the supervision of other line ministries. All concerned ministries and departments should have a role and responsibility for mobilizing resources for technical and vocational education and training.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 11
- Paragraph text
- As detailed below, many countries have adopted new laws, policies and strategies, recognizing the empowering role of technical and vocational education and training in people's lives and in socioeconomic development. "The 21st century's need for new skills to match advances in information, communication and technology has initiated the return of TVET to the international agenda", as evidenced by multiple initiatives at national and international levels.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 33
- Paragraph text
- In 2002, the Global Partnership for Education, comprised of donors and developing countries, was launched as the Education For All Fast Track Initiative (FTI) to ensure accelerated progress towards universal primary education by 2015 and other EFA goals. The initiative proposes indicative international standards, such as an average pupil-teacher ratio of 40:1; annual instruction time of 850-1,000 hours and an average teacher salary of 3.5 x GDP per capita.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 38
- Paragraph text
- A human rights-based approach imparts strength and legitimacy to the development agenda and provides a firm foundation for action at the national level. The adoption of a human rights perspective to the development agenda implies, among other things, a careful screening of national legal instruments that frame educational systems and policies in countries, linking political commitments of Governments to the international obligations under human rights law.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 74
- Paragraph text
- As the report of the High-level Panel states, national Governments have the central role and responsibility "to translate the vision and goals of the post-2015 [development] agenda into practical reality" and "local authorities form a vital bridge between national Governments, communities and citizens", who will all have a critical role in a new global partnership. The report also states that each partner in the global partnership has a specific role to play.3
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Public-private partnerships in education 2015, para. 74
- Paragraph text
- Any modality or arrangement for public-private partnerships should always be driven by a human rights approach, giving paramount importance to the norms and principles of the right to education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Sexual education 2010, para. 58
- Paragraph text
- Lastly, the Special Rapporteur wishes to highlight the experience of Denmark, where teacher training in sexual education is carried out in conjunction with Sex & Samfund ("Sex and Society"), the Danish Family Planning Association. The Special Rapporteur considers this to be a good example of a collaborative relationship between the State and civil society in the search for tools for promoting sexual education and providing it to the whole population. The valuable initiatives of the Latin American and Caribbean Committee for the Defence of Women's Rights should also be mentioned.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Sexual education 2010, para. 59
- Paragraph text
- It is estimated that by the end of 2008, 33.4 million people around the world were living with HIV, and the number of AIDS-related deaths that year was estimated at 2 million; almost 300,000 of that number were children.5 In addition, various studies have revealed increasing links between violence against women and HIV/AIDS. Women who have experienced violence are at a higher risk of HIV infection. The need to provide the population with sexual education as a means of prevention has been emphasized repeatedly. Thus, HIV/AIDS highlights the close link between the right to comprehensive sexual education and the right to health and to life.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Health
- Person(s) affected
- Children
- Women
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 83
- Paragraph text
- [The Special Rapporteur perceives a crucial need for States, donors, international agencies and civil society to work collaboratively together, as substantial movement and migration across national borders will continue to define our globalized world. Their joint aim should be to build and sustain cohesive and resilient communities able to adapt in response to change. To this end, the Special Rapporteur recommends that exchange of good practice is increased and, at a minimum, all should look to:] • Prompt development of regional and international qualification systems, incorporating mutual, reciprocal and automatic recognition of informal and formal learning achievements. This should be accompanied by increased research on potential and viable solutions to issues of equivalency in the learning environment and the workplace.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Sexual education 2010, para. 60
- Paragraph text
- Violence against women is another pandemic that affects the whole of humanity. It is estimated that at least one in three women throughout the world has been beaten, subjected to sexual violence or abused in some way in the course of her life. Consequently, the Special Rapporteur considers that the empowerment of women, of which sexual education forms an essential part, is a powerful defence against violation of the human rights of girls and adolescent women. In addition, men who receive appropriate sex education acquire values of solidarity, justice and respect for the integrity of others and are therefore less likely to resort to sexual or gender-based violence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Adolescents
- Girls
- Women
- Year
- 2010
Paragraph
Sexual education 2010, para. 61
- Paragraph text
- Regrettably, the rights perspective is very rarely included in sexual education programmes, which are usually limited to the prevention of sexually transmitted diseases, HIV and unwanted pregnancy. Although this approach is necessary in order to achieve enjoyment of the right to health and for the purposes of family planning, it cannot be the principal reason for including sexual education in the curriculum. Sexual education should be considered a right in itself and should be clearly linked with other rights in accordance with the principle of the interdependence and indivisibility of human rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Sexual education 2010, para. 69
- Paragraph text
- In addition, abstinence-only programmes marginalize millions of young people who are already having sexual relationships and, like programmes promoting abstinence until marriage, do not foster informed and responsible decision-making. In the Special Rapporteur's view, this type of programme normalizes, stereotypes and promotes images that are discriminatory because they are based on heteronormativity; by denying the existence of the lesbian, gay, transsexual, transgender and bisexual population, they expose these groups to risky and discriminatory practices.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- LGBTQI+
- Youth
- Year
- 2010
Paragraph
Sexual education 2010, para. 70
- Paragraph text
- From an age perspective, the Special Rapporteur has found that there is a significant gap with regard to adults, including older adults, who are not generally taken into account in States' public policies. However, recent decades have seen significant changes in adult learning, reflecting the principle of lifelong education. The Hamburg Declaration on Adult Learning, adopted under UNESCO auspices in 1997, emphasizes the importance of sexual education for adults and sets out a commitment to "enabling people to exercise their human rights, including reproductive and sexual health rights, and to develop responsible and caring attitudes".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 84
- Paragraph text
- [The Special Rapporteur emphasizes that teachers and other personnel working with migrants, refugees and asylum-seekers are in need of strong support such as new organizational structures and new teaching forms; this requires action beyond the teacher/school meso-level, towards a more active State, and desegregationist measures at the micro- or community level (e.g. housing policies). More specifically this will involve:] • Team-teaching and the support of the classroom teacher by a specialist, as well as mentoring in different forms and by different actors (e.g. higher education students or older role models of immigrant origin), which can improve school attainment.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 84
- Paragraph text
- [The Special Rapporteur emphasizes that teachers and other personnel working with migrants, refugees and asylum-seekers are in need of strong support such as new organizational structures and new teaching forms; this requires action beyond the teacher/school meso-level, towards a more active State, and desegregationist measures at the micro- or community level (e.g. housing policies). More specifically this will involve:] In refugee contexts, training to deal with traumatized learners and psychosocial support and expert counselling for both teachers and refugees.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 20
- Paragraph text
- The Special Rapporteur also draws attention to the 1948 Universal Declaration of Human Rights (art. 26), which views the right to education as comprising: (a) fundamental education, which refers to free, often non-formal education for illiterate people, with a strong collective and cultural emphasis for human development (“community education”); and (b) elementary education, i.e., free compulsory formal education which, while not specifying any particular level(s) or stage(s), normatively integrated free post-primary education. Article 26 of the Declaration, and subsequent international human rights law, also guarantee the right of parents and legal guardians to choose their children’s education in conformity with their religious, moral or philosophical convictions. States, however, are not legally obliged to provide instruction in line with such choices.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 63
- Paragraph text
- The Special Rapporteur consequently prompts States that have not included the unconditional right to education in their Constitution to take steps to do so. Two examples are indicative of best practice in this regard. The Bolivarian Republic of Venezuela, defined by its Government as traditionally a migrant-receiving country, guarantees the unrestricted right to education at all levels through its Constitution and migrants are entitled to free education from early childhood care to higher education. Furthermore, its schools are explicitly obliged to permit the registration of undocumented children. The Government of Portugal emphasizes that national legislation also explicitly includes irregular and undocumented migrant and refugee children in the right to education with the concomitant creation of a special registry for irregular minors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
Financing education and update on education in emergencies 2011, para. 93
- Paragraph text
- As discussed in the previous report on education in emergency situations (A/HRC/8/10), severely limited access to education continues to be a reality for most of the communities affected by emergencies. Despite increased attention by the international community, crucial problems persist: funding for humanitarian activities continues to ignore requirements to ensure education; schools continue to be victimized by direct and indirect violence; and preventive efforts are still timid vis-à-vis an increased impact of natural disasters. To reverse the current trend, States and other entities providing and channelling humanitarian and transitional assistance must pay enhanced attention to education in emergencies. Providing education and ensuring that education is protected during periods of emergency is not a choice, but an obligation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- All
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 96
- Paragraph text
- States must ensure systematic monitoring, documenting and reporting of violations of international human rights and humanitarian law committed against members of education communities and education institutions and settings. The recent adoption by the Security Council of resolution 1998 (2011) must be followed by enhanced attention to the situation of education in future efforts for monitoring violations of child rights during armed conflict. Domestic, regional and international accountability mechanisms, including those of the military, should be fully cognizant of, as well as systematically address, the obligations of State and non-State actors with respect to the right to education and other legal protections guaranteed to members of education communities and institutions. Specific efforts are required to strengthen the capacity of education providers to prevent and respond to attacks.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 43
- Paragraph text
- In order to overcome resource constraints on the Education for All agenda, the High-level Group on Education for All has advocated for ensuring that a minimum proportion of national budgets (15 to 20 per cent) or share of GDP (4 to 6 per cent) is dedicated to education. As described above, mechanisms establishing that a proportion of overall public expenditure or the revenue from specific taxes is earmarked to education have already accomplished results in the expansion of funding for education in various countries. It is clear that an evaluation of the effectiveness of those mechanisms over time will depend on the overall functioning of fiscal and budgetary policy mechanisms in place in a given State.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 46
- Paragraph text
- Evaluation of the effectiveness of financial management in the area of education requires attention to the core principles of equality and non-discrimination. In the allocation of funds to the various education levels and regions within a territory, prevailing socio-economic disparities and their implications for the education sector must be taken into consideration. In situations where schools are funded through subnational budgets, it is also necessary to ensure that differences in revenues collected locally do not result in inequalities between regions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 47
- Paragraph text
- Specific resources must be ensured to address the root causes of the exclusion from education of girls, those living in poverty or with disabilities, ethnic and linguistic minorities, migrants, and other marginalized and disadvantaged groups. Specific measures targeting important obstacles to education must be considered, including the abolition of school fees and the provision of subsidies for other costs, such as textbooks, uniforms and transportation. Temporary special measures to provide financial support to such groups through affirmative action have a normative basis in international human rights treaties. Particular attention must be paid to the principles of transparency and accountability in the management of education budgets.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Poverty
- Person(s) affected
- Girls
- Persons on the move
- Persons with disabilities
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 48
- Paragraph text
- Finally, frameworks regulating education expenditure must give foremost consideration to the improvement of quality education, recognizing the centrality of education in people's lives and the empowering role of quality education. Often education budgets are fully consumed by recurring expenditure, mostly teachers' salaries, which, unfortunately are often very low and result in difficulties in attracting qualified professionals. Investment in essential areas such as the development of pedagogic materials, the training of teaching personnel and improving working conditions remains neglected. The Special Rapporteur intends to examine this question in another thematic report, on quality education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 11
- Paragraph text
- Beyond primary education, the right to education also extends to higher education; its enjoyment is subject to the criteria of merit or capacity, while respecting the fundamental principles of non-discrimination and equality. The obligations assumed by States under human rights treaties range from ensuring universal access to primary education to progressive access to secondary education and higher education on the basis of capacity. The right to education is not only recognized as an entitlement, but as a source of empowerment.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 12
- Paragraph text
- Efforts to universalize access to education over the last decades are underpinned by repeated political commitments. The EFA and Millennium Development Goals campaigns inspired expansions of primary education systems and created more education opportunities for girls. However, progress is fragile and uneven across regions and among population groups. Unprecedented disparities in access and quality emerge as the demand for education grows and education systems expand. Significant gaps remain even in the coverage of education as there are about 67 million children of primary school age who are out of school; while a larger number of adolescents (another 71 million), remain deprived of basic post-primary education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- Girls
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 81
- Paragraph text
- Refugees and internally displaced persons continue to face great obstacles when seeking education outside their communities of origin. Data collected by the Office of the United Nations High Commissioner for Refugees within official camps indicated limited and uneven access to education across camps; the overall primary school participation rate of refugee children in camps was 69 per cent and at the secondary level only 30 per cent. Several countries maintain administrative barriers to the enrolment of both refugee and internally displaced children, despite human rights obligations to provide education without discrimination of any kind to all children living in their territories and the relevant provisions of the Convention relating to the Status of Refugees. Short-term financing of projects in situations of prolonged displacement threatens the education, and progression, of many thousands of refugee and internally displaced children; gaps in the financing of education in such situations must be addressed as a matter of priority because of the long-lasting impact of the denial of education to these populations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 84
- Paragraph text
- States, international organizations and civil society continue to contribute guidance to improve quality education in emergencies through materials prepared by INEE. A consultative process involving stakeholders concerned with education in emergencies all over the world led to an updated version of the INEE Minimum Standards for Education: Preparedness, Response, Recovery providing important policy guidance on the necessary steps to ensure quality education. The recently released INEE Guidance Notes on Teaching and Learning provide more specific pedagogical guidance based on the accumulated experience of educators working in emergency situations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 90
- Paragraph text
- The EFA Global Monitoring Report 2011 pointed to serious limitations in data collection in conflict situations: "assessments of need for communities caught up in conflict are at best haphazard, even taking into account the inevitable constraints associated with conducting surveys in conflict affected areas". It also underlined that donors' assessments tend to underestimate needs in the education sector as their proposals are often tailored to meet low expectations of donor funding. Limited attention is paid to needs assessment for qualitative aspects of education, such as textbook supply, hours of study and in-service teacher training. Human resources and infrastructure requirements for secondary education tend also to be completely ignored.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 92
- Paragraph text
- The Global Education Cluster developed a Joint Education Needs Assessment Toolkit in 2010, as well as a Short Guide for Rapid Needs Assessments to provide guidance on data collection in emergency situations. The need for further improving monitoring capacities through the definition of a core set of indicators, including estimated numbers of children and youth to be reached, age and gender profiles, patterns of displacement, education materials, teacher and infrastructure requirements needed to guide the estimation of financing requirements has been underlined.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- Children
- Persons on the move
- Youth
- Year
- 2011
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Equality of opportunity in education 2011, para. 17
- Paragraph text
- A recent progress review of the Millennium Development Goals by UNICEF focuses on the question of equity. The importance of equity in education should be recognized not only as regards the goals of universalizing basic education, but also with respect to “access to higher education for members of some special target groups, such as indigenous peoples, cultural and linguistic minorities, disadvantaged groups, peoples living under occupation and those who suffer from disabilities.” While equity in education is a worthy goal in itself, equity-enhancing policies and practices, particularly education as investment in human capital, can, in the long run, boost economic growth and help reduce poverty.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 47
- Paragraph text
- Girls and women constitute the majority of those who remain deprived of education. The Committee on the Elimination of Discrimination against Women has repeatedly expressed concern in its concluding observations at the low level of education of women and girls, and the prevailing obstacles to their access to education at all levels, especially the secondary and tertiary levels. The Special Rapporteur is of the view that the human rights framework is pivotal in the struggle against multiple forms of discrimination which women and girls in vulnerable and marginalized situations suffer. Educating women and girls should, a priori, be viewed as a human rights imperative, rather than undertaken solely because of the potential benefits to one’s children or to society.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Women
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 19
- Paragraph text
- Reports indicate that the EFA agenda is falling behind, and the prospects of achieving Millennium Development Goals 2 and 3 on universal primary education and gender equality, respectively, are also bleak. The target of universal primary education is unlikely to be achieved by 2015. Inequalities, stigmatization and discrimination linked to economic status, gender, ethnicity, language, location and disability are also holding back progress. Social and economic status and sex appear as major factors of marginalization in education, with girls and those living in poverty being the most affected. “Poverty and gender inequalities magnify other disadvantages, and close doors to education opportunity for millions of children.”
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Children
- Girls
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 45
- Paragraph text
- Addressing inequalities in education requires a clear understanding of its multiple and intersecting sources. Given the broad nature of sources of inequalities in education, it would be impossible to provide an exhaustive description, or analysis, of measures adopted with the declared aim of promoting equal opportunities in education. Moreover, measuring marginalization in education is inherently difficult. This section provides only an overview of key factors affecting equality of opportunity in education as well as some initiatives designed to counter barriers to achieving de facto equality of opportunity in education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 70
- Paragraph text
- Administrative tribunals and national human rights institutions also reinforce judicial and quasi-judicial mechanisms to safeguard the equality of opportunities in education and right to education. In another case relating to schools dedicated to Roma children, the Equal Treatment Authority of Hungary concluded that not only were authorities responsible for the local system that segregated students, in violation of the principle of equal treatment, but those who tolerated or assisted the maintenance of existing segregation schemes also violated the law. National human rights institutions also have an important role to play. In Mauritius, for example, the ombudsperson has the authority to investigate any type of educational discrimination. The Equality and Anti-Discrimination Ombudsman, in Norway, and the Equal Opportunities Ombudsman, in Sweden, also have such competence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 72a
- Paragraph text
- [The Special Rapporteur puts forward the following recommendations for the promotion of equal opportunities in education on the basis of a human rights framework:] Ensure adequate legal protection to the right to education and its equal enjoyment in all its inclusive dimensions: States should incorporate their obligations under international human rights conventions into their domestic legal order. Governments should recognize the key importance of adequate legal frameworks on equality of opportunity in education in line with international standards for ensuring such equality. A strong regulatory framework for public and private education systems grounded in the principle of equality of opportunity provides the essential basis for the establishment of an entire range of programmes and policies aiming at ensuring equality of opportunity;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 72b
- Paragraph text
- [The Special Rapporteur puts forward the following recommendations for the promotion of equal opportunities in education on the basis of a human rights framework:] Address multiple forms of inequality and discrimination through comprehensive policies: Given the mutually reinforcing nature of different forms of discrimination and inequality in the context of education, States should address multiple forms of inequality and discrimination through comprehensive policies. Prevailing disparities in access to education – between boys and girls, and between rich and poor regions –must be given special consideration, recognizing that good policies backed by a commitment to equality can make a difference. Policy measures must respond to the need for making learning accessible for the most marginalized and vulnerable;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Boys
- Girls
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 74
- Paragraph text
- In public-private partnerships, good practices should be encouraged and the exchange of available experiences can be mutually beneficial in promoting national level action. For example, with the support mainly of Germany, the Uganda Association of Private Vocational Institutions has developed into a strong organization in providing services to its members. In Ethiopia, the expansion of technical and vocational education and training programmes was facilitated by the private sector, with the support of public authorities. In India, the Centurion University of Technology and Management (Orissa) - the only State-enacted University in the private sector with its strong industrial linkage through its Social Entrepreneurship Outreach (Gram Tarang) and its focus on community - has excelled in providing skills to students from rural areas.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
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