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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.
- 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. 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.
- 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
Sexual education 2010, para. 71
- Paragraph text
- One of the fundamental challenges to achieving change in people's behaviour and attitudes through education is the need to involve families and communities, avoiding the false dichotomy between the family and the State as guarantor of the right to comprehensive sexual education. Studies indicate that in some countries, one third of young women and one fifth of young men aged 15 to 19 say that they have never discussed sexuality-related issues with their parents.56 Thus, both real life and international law provide ample reason to oppose movements that seek to relieve States of their obligation to provide sexual education in the name of alleged and often non-existent family education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Person(s) affected
- Families
- Men
- Women
- Youth
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 21
- Paragraph text
- The right to education has subsequently been enshrined in a range of international conventions, including the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Rights of the Child (1989) and, more recently, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990). Specific to refugee concerns are the Convention relating to the Status of Refugees (Refugee Convention, 1951) and its 1967 Protocol (arts. 4 and 22), and the Convention against Discrimination in Education (1960, art. 4).
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Sexual education 2010, para. 27
- Paragraph text
- In its concluding observations on various countries, the Committee on the Rights of the Child has urged States to integrate sexual education into school curricula and has encouraged States to provide training on HIV/AIDS and sexual education to teachers and other educational administrators. The Committee has also criticized barriers to sexual education, such as allowing parents to exempt their children from such education.
- 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
Sexual education 2010, para. 34
- Paragraph text
- In its general recommendation No. 24, the Committee on the Elimination of Discrimination against Women requested States to report on measures taken "to ensure timely access to the range of services which are related to family planning, in particular, and to sexual and reproductive health in general. Particular attention should be paid to the health education of adolescents, including information and counselling on all methods of family planning".30
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Families
- Women
- Year
- 2010
Paragraph
Sexual education 2010, para. 48
- Paragraph text
- In the case of Africa, several countries do not provide any kind of planned sexual education. According to some studies, families are uncomfortable talking about sexuality with their sons and daughters; yet young girls and boys do receive some information informally from friends or through the HIV prevention programme.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Boys
- Families
- Girls
- Youth
- Year
- 2010
Paragraph
Sexual education 2010, para. 72
- Paragraph text
- The Special Rapporteur wishes to stress the important role played by families and communities in forming people's identities. However, he also wishes to point out that States have an unavoidable obligation to guarantee education that is free from prejudices and stereotypes. School, as a forum for socialization, opens up access to different perspectives; thus, States and families have complementary roles that are not mutually exclusive with regard to sexual education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 35
- Paragraph text
- Many of these factors combine and are reflected in low socio-economic status, class-based residential patterns and consequent school composition. Research suggests that a concentration of non-native students in any one school can be detrimental to education outcomes. Many low-income families and migrants, refugees and asylum-seekers do not have access to good-quality education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Sexual education 2010, para. 33
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women imposes on States the obligation to eliminate discrimination against women in all public and private spheres of their lives, including education. Article 5 of the Convention calls on States parties to take all appropriate measures to modify the patterns of conduct of men and women "with a view to achieving the elimination of prejudices and customary and all other practices that are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women". Comprehensive sexual education is an indispensable means of achieving that goal. Article 10 (h) of the Convention provides that States should ensure women's "access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Men
- Women
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 39
- Paragraph text
- Some replies to the questionnaire indicated that there is a lack of information and awareness among migrant, refugee and asylum-seeker populations about their rights, specifically those that safeguard their right to education. Implicit in this is what it means to make informed school and educational decisions. It is essential, therefore, to provide information and logistical support to migrant, refugee and asylum-seeking populations to strengthen their capacity in this regard. Activities might include, for example, home visits to low-income and migrant, refugee and asylum-seeking families, “education booths” in shopping malls, information fairs and hotlines in relevant migrant languages.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 43
- Paragraph text
- The Special Rapporteur observes that social and cultural issues are intrinsically entwined with language and curricula. Much has been written, particularly in Europe and more widely across the OECD countries, on issues of language acquisition for migrants. However, the Special Rapporteur notes that much less research exists on how migration impacts upon curriculum content. A common theme in relevant materials and the questionnaire responses is that there are three guiding principles contributing significantly to the development of quality linguistic and culturally relevant core curricula. These are: • Curricula should be entrenched within the human rights framework • Consultation with migrant, refugee and asylum-seeking parents/guardians and communities should be the norm in their planning, design, implementation and evaluation, and • A focus upon inclusive, mutual and collective learning with minimal segregated adaptation groups and classes
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 79
- Paragraph text
- The exercise by migrants, refugees and asylum-seekers of their human rights (i.e. to work, housing, and education) “is significantly limited or made impossible if the State, through its laws or administrative practices, disadvantages them in these areas” (e.g. if certain jobs can only be held by nationals, or a legal requirement that makes access to the housing market more difficult for extended families).
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Sexual education 2010, para. 4
- Paragraph text
- States must ensure that they do not restrict individuals' access to appropriate services and necessary information and must remove social and regulatory barriers to information on sexual and reproductive health and health care, as stated in the Cairo Programme of Action of the International Conference on Population and Development. In any event, the parents and other legal guardians of students must also provide appropriate direction and guidance on sexual and reproductive matters.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Year
- 2010
Paragraph
Sexual education 2010, para. 87h
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States should]: Encourage the inclusion of families and communities as strategic allies in curriculum design and implementation grounded in pluralism and compliance with the obligation to provide comprehensive education, including scientific information based on evidence and human rights standards;
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Year
- 2010
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.
- 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
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.
- 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. 59
- Paragraph text
- A number of in-kind incentives, such as school meal programmes, especially in poverty-stricken areas, are implemented in order to ensure that income deprivation or poverty in general does not result in exclusion from schools. In broad terms, State investment in social-protection policies and its contribution to alleviating the burden on families and child poverty plays an important role in the promotion of education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 54
- Paragraph text
- Threat of violence against girls on the way to and from schools limits their education opportunities: household surveys in many countries identify distance as a major factor in parents’ decisions to keep daughters out of school, and concerns over security figure prominently.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Violence
- Person(s) affected
- Families
- Girls
- Year
- 2011
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.
- 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. 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.
- 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. 81
- Paragraph text
- Prevalent teacher absenteeism bears evidence to the slackness regarding the inspection of schools. Public authorities should tighten monitoring and inspection in order to control this lacuna with disciplinary measures. Some additional aspects deserve special consideration in quality inspections, such as: (i) the way human rights values are promoted in schools; (ii) the overall interaction with parents and the community; (iii) the promotion of dialogue with teachers on child-friendly teaching and learning.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 77
- Paragraph text
- Management plays a central role in ensuring schools remain inclusive and safe environments, free from violence and sexual harassment, and work in tandem with the community. Rules and regulations governing school management should ensure that the community, parents, teachers and pupils have a voice and role in the management of schools, and in finding ways and means to improve the quality of the school environment. This is acknowledged in the UNESCO-ILO Recommendation concerning the Status of Teachers (1966), which specifies that there should be close cooperation between the competent authorities, organizations of teachers, employers and workers, and parents, as well as cultural organizations and institutions of learning and research, for the purpose of defining educational policy and its objectives (para. 10 (k)).
- 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. 23
- Paragraph text
- The Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child establish that education should be aimed at the full development of the human personality and the sense of its dignity. Article 26 of the Declaration clearly states that education must be “directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.” Article 13 of the Covenant specifies that education “shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.” Article 29 of the Convention on the Rights of the Child goes further in stipulating that education must develop respect for human rights, the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own. Education must prepare the child for responsible life in a free society.
- 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
- Families
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 80
- Paragraph text
- Public authorities should ensure monitoring and accountability in all situations where standards are not met. If standards are to be effectively implemented, the concerned stakeholders, including teaching personnel, parents and pupils, must be aware of them and actively involved in compliance.
- 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
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.
- 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
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.
- 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. 82h
- 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:] Children and adults who are primary beneficiaries of the right to education are often unaware of their rights. In many cases, parents, while motivated, may lack information or the financial resources to protect their right to education in courts. Civil society and media can play an important role in disseminating information regarding the right to education to parents, teachers and school administrators, and also in identifying and publicizing violations of the right to education.
- 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
- Families
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 82j
- 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:] Litigation promoting the right to education is in the public interest. Violations of the right to education may be voiced in the media, but they must also be subject to effective adjudication. For this reason, legal standing should be given the broadest possible interpretation, to allow not just affected children, but also their parents and other education stakeholders to bring complaints before judicial and quasi-judicial bodies. Poor and disadvantaged persons may be unwilling to pursue their rights, out of fear of reprisals, lack of financial resources, or unwillingness to challenge State authorities. Quasi-judicial institutions should be empowered to initiate investigations suo moto, and third parties, including non-governmental actors, should be able to initiate cases before courts and human rights institutions where the available evidence supports them.
- 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
- Families
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 76
- Paragraph text
- Education systems of tomorrow need to be designed so that they clearly delineate the roles and responsibility of various stakeholders, which include communities, local bodies, teachers and parents. To that end, a legal framework should be put in place that applies to all providers of education, public and private, and is fully respectful of the right to education as a fundamental human right, with Governments having primary responsibility, in keeping with human rights obligations.
- 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