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Lifelong learning and the right to education 2016, para. 59
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- 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
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2016
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Lifelong learning and the right to education 2016, para. 57
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- 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
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2016
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Issues and challenges to the right to education in the digital age 2016, para. 26
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- 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
- Topic(s)
- Education
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 27
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- 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
- Topic(s)
- Education
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 49
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- 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
- Topic(s)
- Education
- Year
- 2016
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Lifelong learning and the right to education 2016, para. 79
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- 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
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2016
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Lifelong learning and the right to education 2016, para. 60
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- The National Agreement for Skills and Workforce Development of Australia introduced a national training entitlement for government-subsidized training to at least the Certificate III qualification, with a view to ensuring that working -age Australians without qualifications can obtain the skills that they need to work in higher-skilled jobs.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Year
- 2016
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Lifelong learning and the right to education 2016, para. 67
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- Technical and vocational education and training cuts across formal or school- based, non-formal or enterprise-based, and informal or traditional apprenticeship. It has a nexus with the right to education and the right to work and is valuable in providing "retraining for adults whose current knowledge and skills have become obsolete owing to technological, economic, employment, social or other changes ". Such education and training can enable vocational trainees to acquire further professional competence and improve their skills and competencies. Numerous initiatives taken in all regions of the world to introduce reforms in technical and vocational education and training systems are propelled by a variety of skill requirements in the rapidly changing economies of the twenty-first century and involve lifelong learning. In India, inspired by the vision of the Prime Minister, Narendra Modi, of a "skilled India", efforts are being made to align the "demands of the employers for a well-trained skilled workforce with aspirations of Indian citizens for sustainable livelihoods". With the launch of the national skill development mission (kaushal vikas yogna), a national skill development and entrepreneurship policy was adopted in 2015 for that purpose.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Year
- 2016
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Lifelong learning and the right to education 2016, para. 45
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- In this evolution, the Special Rapporteur emphasizes the importance of giving consideration to the State obligations laid down in international normative instruments. States have the obligation to "develop comprehensive, inclusive and integrated policies for adult learning and education in its various forms" according to their specific conditions, governing structures and constitutional provisions.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
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Lifelong learning and the right to education 2016, para. 37
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- Lifelong learning is rooted in the integration of learning and living, covering learning activities for people of all ages in all life-wide contexts through a variety of modalities (formal, non-formal and informal) that together meet a wide range of learning needs and demands. Adult learning and education provides a variety of learning pathways and flexible learning opportunities, including second -chance programmes to make up for lack of initial schooling, including for people who have never been to school, early school leavers and dropouts.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Year
- 2016
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Lifelong learning and the right to education 2016, para. 42
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- The Special Rapporteur considers it important to take full cognizance of UNESCO normative work in the early 1970s, which led to the emergence of the "right to lifelong learning". The Third International Conference on Adult Education, convened by UNESCO in Tokyo in 1972, provided a conceptual turning point when it declared its belief that "the right of individuals to education, their right to learn and to go on learning, is to be considered on the same basis as their other fundamental rights, such as the right to health and to hygiene, the right to security, the right to all forms of civil liberty, etc."
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Health
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 53
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- Lifelong learning has developed not only from a right to education perspective; its development manifests a broader human rights-based approach, linking lifelong learning to other human rights. UNESCO recognizes that "in the framework of lifelong learning, … literacy and adult learning and education contribute to the realization of the right to education that enables adults to exercise other economic, political, social and cultural rights". The aim of adult learning and education is to empower people in that perspective.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2016
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Protecting education against commercialization 2015, para. 73
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- 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
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2015
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Protecting education against commercialization 2015, para. 93
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- 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
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2015
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Protecting education against commercialization 2015, para. 85
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- 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
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
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Protecting education against commercialization 2015, para. 46
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- 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
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 90
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- The Constitutional Court of Colombia ruled in 1997 that excluding pupils from schools on an economic basis only violates their enjoyment of the right to education. The Court also ruled that because of the fundamental character of the right to education, private schools are bound by specific constitutional obligations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 91
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- Courts in the United States have also ruled that using public money to fund private school tuition vouchers is unconstitutional, and that public money being so used should instead go to public schools.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2015
Paragraph
Privatization and the right to education 2014, para. 88
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- 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
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2014
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Assessment of the educational attainment of students 2014, para. 66
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- 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
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 65
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- 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
- Topic(s)
- Education
- Social & Cultural Rights
- Year
- 2014
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Assessment of the educational attainment of students 2014, para. 75
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- 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
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2014
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Privatization and the right to education 2014, para. 93
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- Existing jurisprudence enables us to better understand obligations that the right to education imposes upon private providers. For example, the Constitutional Court of Colombia ruled in 1997 that excluding pupils from schools on an economic basis only violates their enjoyment of the right to education. The Court also ruled that because of the fundamental character of the right to education, private schools are bound by specific obligations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
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Assessment of the educational attainment of students 2014, para. 65
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- Finally, national assessment systems for TVET can be used as leverage in valorizing social perceptions of TVET and their status, since they do not enjoy the esteem that would be commensurate with their importance for development. Instituting national awards in conjunction with an assessment of performance in TVET is an important step in that direction. The practice of rewarding TVET students in China is a good example.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2014
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Justiciability of the right to education 2013, para. 34
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- 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
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 20
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- 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
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
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Report on the Post-2015 Education Agenda 2013, para. 130
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- 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
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 35
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- 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
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 41
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- 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
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 75
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- 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
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2013
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