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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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2010
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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- 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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Humanitarian
- 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".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Year
- 2012
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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2011
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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2014
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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2015
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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- 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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2014
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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2016
Paragraph
Justiciability of the right to education 2013, para. 20
- Paragraph text
- State obligations regarding the right to education have been interpreted under international human rights law, establishing the right as justiciable. Available literature sheds light on the importance of identifying “justiciable components” of economic, social and cultural rights, including the right to education, and their enforcement at the international level, along with the obligations of States to protect, respect and fulfil them. Indeed, the courts have dealt with educational issues brought before them, and a number of key dimensions of the right to education have been subject to judicial or quasi-judicial review. The right to education has been considered to be fully justiciable in many jurisdictions.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
Paragraph
Privatization and the right to education 2014, para. 65
- Paragraph text
- The provision of basic education free of cost is not only a core obligation of States, but also a moral imperative. Social protests against exorbitant fee increases in education, especially in privatized higher education, are well known. In 2011, Chile became a glaring example of sacrificing social interest in education in favour of privatization; protests against privatization demanding an end to for-profit educational institutions that involved high costs for students were violently suppressed by police forces, resulting in the killing of a student.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Social & Cultural Rights
- Year
- 2014
Paragraph
Lifelong learning and the right to education 2016, para. 57
- Paragraph text
- The Special Rapporteur underlines the importance of the constitutional bases of lifelong learning. For example, in the Republic of Korea, it is the constitutional obligation of the State to promote "lifelong education" (art. 31 (5)). The Framework Act on Education of the Republic of Korea introduced the right of every citizen to learn throughout life. The country also adopted the Lifelong Education Act. In Argentina, the right to learn is enshrined in article 14 of the national Constitution of 22 August 1994. The 1987 Constitution of the Philippines encourages the development of non-formal, informal and indigenous learning systems, as well as the provision of adult education and vocational training.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 26
- Paragraph text
- Digital technologies are becoming ubiquitous and provide vast opportunities for new forms of connections and collaboration, as knowledge and information can be digitized and transmitted electronically. They are transforming learning and teaching, and the everyday lives of academics and students. As Nicholas Carr wrote in The Shallows: What the Internet Is Doing to Our Brains, "the future of knowledge and culture no longer lies in books ... or records or CDs. It lies in digital files shot through our universal medium at the speed of light".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 27
- Paragraph text
- Information and communications technologies are used to access digital content (the digital versions of analogue originals, such as scanned textbooks). Increasingly, content is being designed for digital use. Online education materials and courses, e-textbooks and video and audio files streamed on the Internet, as all of which are modes of e-learning, are revolutionizing the provision of education. Broadband services and information and communications technologies can play a fundamental role in making knowledge, information and education accessible and in supporting the development of new skills.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Year
- 2016
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 130
- Paragraph text
- Accordingly, effective enforcement mechanisms linked to Government accountability should be foreseen in the future agenda. The agenda should contain provisions enabling individuals and groups to claim their right to education as an entitlement in the case of violation or lack of its fulfilment. In this respect, the special role of ombudspersons and national human rights institutions and public human rights defenders should be recognized.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
Paragraph
Equality of opportunity in education 2011, para. 53
- Paragraph text
- Inadequate public transportation and inadequate school facilities can be determinant factors in excluding students from the education system. Persons living in poverty are particularly affected; the concentration of communities living in poverty in remote areas or in areas that are poorly served by transportation is a key factor limiting their access to education institutions. This is particularly acute in rural areas where schools are not present. These obstacles are commonly addressed through support for transportation of students, and by bringing schools closer to communities, often through improvements in transport infrastructure and the construction and expansion of education establishments in poorly served locations. Strategies also include the establishment of boarding schools.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Poverty
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 27
- Paragraph text
- Other treaty bodies have also stressed obligations connected to ensuring equality of opportunity in education. Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination protects the right to education and training for everyone without discrimination. In its general recommendations concerning specific groups, particularly in relation to discrimination against Roma and discrimination based on descent, the Committee on the Elimination of Racial Discrimination addressed, inter alia, “measures in the field of education.” These elements especially address issues of access to education, quality of education, drop-out rates, and special measures to ensure inclusion of communities which face discrimination. The general recommendation on discrimination against non-citizens also places particular emphasis on access to and quality of education for non-citizens.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2011
Paragraph
Lifelong learning and the right to education 2016, para. 49
- Paragraph text
- In this respect, communities can play a role in promoting lifelong learning, including in the creation or strengthening of appropriate institutional structures, such as community learning centres, for delivering adult learning and education, and in encouraging adults to use them as hubs for individual learning as well as community development. Available experience on communities building infrastructure for basic education can be scaled up to lifelong learning processes at the local and regional levels. So-called "learning cities" can improve the lifelong education system so as to encourage vocational colleges, community colleges and open universities to play a greater role in development by providing lifelong learning opportunities. Wider dimension can be given to this by developing "learning cities, towns and villages".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Year
- 2016
Paragraph
Sexual education 2010, para. 65
- Paragraph text
- In the case of Latin America and the Caribbean, gender issues are stated to be important at all levels. However, the regional average shows that countries are still not dealing with all aspects of sexual inequality in official programmes. Moreover, the question of discrimination based on sexual orientation or preference is practically omitted from school curricula in the region. Only Uruguay reports that it is included in all programmes, while Colombia and Argentina report that it is addressed in most programmes.45
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Year
- 2010
Paragraph
Assessment of the educational attainment of students 2014, para. 75
- Paragraph text
- In this context, the State of Gujarat in India is exemplary in taking steps towards abolishing the conventional "character" certificate, systematically delivered to all students at the end of primary or secondary education, and replacing it with an "aptitude" certificate, which shows the aptitude of students as appraised by teachers, parents and students themselves, allowing them to pursue secondary or higher education. This has the inherent advantage of motivating students to pursue studies based on their aptitude.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2014
Paragraph
Lifelong learning and the right to education 2016, para. 79
- Paragraph text
- The Special Rapporteur also notes that recognition of prior learning is an important element in national qualifications frameworks. This has been recognized as a right in some countries. In France for example, the Social Modernization Act of 2002 makes access to validation of knowledge gained through experience a right for every person having at least three years of experience. In Norway, adults are entitled, by law, to primary and lower secondary education and to validation of their prior learning.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2016
Paragraph
Justiciability of the right to education 2013, para. 35
- Paragraph text
- Finally, in case of inter-State conflict, recourse can be made to the International Court of Justice by one State against another State for protecting the right to education of its citizens, as provided for under UNESCO’s Convention against Discrimination in Education. In this respect, the advisory opinion rendered by the International Court of Justice in response to the United Nations General Assembly resolution on what legal consequences arose from Israel’s construction of a wall in the Occupied Palestinian Territory, considering the rules and principles of international law, is a historic example in showing how the right to education can be safeguarded by the world court. The International Court of Justice held that the construction of the wall in Occupied Palestinian Territory is a violation of international law and impedes the enjoyment of various human rights, including that to education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 41
- Paragraph text
- Communications on cases of violations of an individual’s right to education are another important avenue of quasi-judicial procedures for the enforcement of the right to education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2013
Paragraph
Protecting education against commercialization 2015, para. 93
- Paragraph text
- The commercialization of education by all kinds of for-profit operators or with objectives contrary to international commitments by States and national values must be stopped and sanctioned. Corruption by private providers continues owing to a lack of regulations and monitoring, oversight and control mechanisms. As a result, the delivery of primary or basic education can be made a family business by running a school in a private house. Furthermore, few Governments have satisfactory regulations on tutoring by private tutorial companies. Regulations for such companies are also necessary.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 85
- Paragraph text
- Singapore is an especially noteworthy example of how States can effectively regulate private education providers with sanctions in cases of abusive practices. According to the country's Private Education Act, private educational establishments must be registered and abide by very strict quality standards and norms. They can be refused permission to operate if the private education institution is not in the public interest. The Act establishes duties and management accountabilities. It provides that "any registered private education institution which contravenes any requirement or restriction imposed … shall be guilty of an offence" and makes acting "fraudulently or dishonestly" or "misleading" the public punishable by law. The Act contains comprehensive provisions on inspection, enforcement and offences, as well as a detailed section on offences by corporate bodies, including unincorporated associations that, when found guilty of an offence, shall be liable to be prosecuted and punished accordingly.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 75
- Paragraph text
- The participation and engagement of civil society organizations, including in particular teachers, students, their parents and communities, is important for a well-functioning national education system, and for its success.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 53
- Paragraph text
- Lifelong learning was emphasized in the UNESCO World Education Report 2000: The Right to Education - Towards Education for All throughout Life (Paris, 2000). Rather than being a time-bound goal to be achieved by 2030, lifelong learning is a permanent and steadily growing necessity. At minimum, a lifelong learning goal that provides for adult literacy and numeracy programmes must be included in the agenda to ensure that the millions of illiterate adults are able to realize their right to a basic education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Year
- 2013
Paragraph
Protecting education against commercialization 2015, para. 46
- Paragraph text
- According to the Organization for Economic Cooperation and Development (OECD), "public schools with comparable student populations offer the same advantages" as private schools. These schools take credit for academic success, yet having educated wealthy parents is the most determining factor in such success. Generally, private schools are chosen owing to the lack or poor quality of public schools.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2015
Paragraph
Normative action for quality education 2012, para. 59
- Paragraph text
- The teaching profession is not attractive enough and often does not enjoy social esteem, and this undermines teachers’ morale and motivation. Enhancing career development perspectives for teachers is crucial. In this regard, the UNESCO-ILO Recommendation concerning the Status of Teachers (1966) provides a basis for developing national laws applicable to all teachers, in both private and public schools.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2012
Paragraph