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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.
- 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. 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.
- 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. 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.
- 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. 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.
- 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. 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.
- 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. 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.
- 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
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.
- 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. 58
- Paragraph text
- The Special Rapporteur notes that lifelong learning is also reflected in education laws. For example, the General Education Act No. 18.437 (2008) of Uruguay enshrines education as a fundamental human right in its article 1 and provides that the State shall guarantee and promote quality education for all its inhabitants, all throughout life, facilitating continuing education. In Finland, the Government instituted a decree in 2009, creating the Council for Lifelong Learning, an expert body operating within the Ministry of Education to foster cooperation between the world of education and work and to further improve the conditions for lifelong learning and adult 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
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 124
- Paragraph text
- Within the scope of their respective mandates, when considering the right to education in their dialogue with States, the United Nations human rights treaty bodies should look into the use of information and communications technologies and its repercussions on the right to education. They should especially consider whether the downside of using such technologies is kept in view and policies are in line with human rights law and the internationally established framework for safeguarding the right to education while addressing the digital divide.
- 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. 128
- Paragraph text
- States should work towards creating an exception to copyright law, nationally and internationally, that permits developing countries to make use of any information or material for non-profit education purposes. Such an exemption would better balance the public interest in promoting and improving education in developing countries within the framework of a modernized international copyright framework. To this end, UNESCO, in collaboration with the World Intellectual Property Organization, should explore the possibility of creating an international open licensing framework for education resources, in consultation with stakeholders.
- 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
Lifelong learning and the right to education 2016, para. 36
- Paragraph text
- In addition, the concept was further enriched by the European Commission in its communication on making a European area of lifelong learning a reality. In May 2015, the European Commission announced a sharpened set of priorities for European cooperation in education and training. New priority areas for Education and Training 2020 are underpinned by the lifelong learning concept covering learning in all contexts, whether formal, non-formal or informal, and at all levels.
- 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. 43
- Paragraph text
- By the end of the 1980s, the idea of a "right to learn" emerged as distinct from that of the "right to education". The Fourth International Conference on Adult Education, held in Paris in 1985, adopted a declaration on the right to learn. Its importance was underlined by the fifth International Conference on Adult Education (Hamburg, 1997), which declared that "the recognition of the right to education and the right to learn throughout life is more than ever a necessity".
- 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. 91
- Paragraph text
- Private sector enterprises are emerging key players in digitization. The commercial interest of providers, which enables them to enter the higher education market using a massive open online course approach, can be the reason for offering such courses. Governments, institutions and private providers may misuse massive open online courses and other distance education technologies to promote privatization, reduce public funding and increase managerial control over academic staff.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- 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. 45
- Paragraph text
- The Special Rapporteur recalls that, as equality of opportunity in education is a principle underlying all human rights conventions, it must be respected. The framework for action for the implementation of the Incheon Declaration contains a commitment by Governments to make tertiary education progressively free, in line with existing international agreements.
- 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. 62
- Paragraph text
- The Special Rapporteur considers it important for developing countries to take steps with a view to developing laws and education policies that embody the concept of lifelong learning. Public authorities must also "take the lead in developing and implementing lifelong learning strategies" grounded in such a legal and policy framework.
- 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. 86
- Paragraph text
- The Special Rapporteur deems social responsibility in education a guiding factor as regards resources to be devoted to lifelong learning. Although States have primary responsibility under human rights law for financing education, financing lifelong learning is a co-responsibility of public authorities, enterprises and social partners under the overall promotional and coordinating role of Governments.
- 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. 91
- Paragraph text
- In France, a law adopted in March 2014 on vocational training, employment and social democracy created a "compte personnel de formation", replacing the previous "droit individuel à la formation". Such an account as a work contract, attached to the person, is meant to follow every person throughout his or her career. The account is funded through a shared investment between the State, regions and social partners.
- 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. 89
- Paragraph text
- Digital technologies necessarily involve private partners and agencies that collaborate with universities, both public and private, on the procurement and operationalization of not only hardware but also software. The use of digital technologies in education has led to more consumer-oriented attitudes in universities and is resulting in the commodification of knowledge and the valuing of information in economic terms rather than for its social and cultural significance. Sponsored by a range of entities, including individual proprietors and profit-seeking businesses, private institutions of higher education now constitute the fastest-growing segment of higher education. Corporate funding of higher education raises questions of academic independence, as well as ethical questions. Universities are moving away from their social function. The commercialization of education could divert attention away from the classical type of higher education by accumulating advantages in the most advanced countries and institutions, by discriminating against the most deprived and by contributing to brain drain in many poor countries. There is evidence of an emerging global marketplace and a growing spirit of competition in higher 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
- All
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 95
- Paragraph text
- The Special Rapporteur refers to the declaration adopted at the sixth BRICS summit, held in Fortaleza, Brazil, from 14 to 16 July 2014, in which the signatories agreed that the use and development of information and communications technologies through international cooperation and universally accepted norms and principles of international law is of paramount importance in order to ensure a peaceful, secure and open digital and Internet space.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 104
- Paragraph text
- In line with a normative framework, Governments should adopt the necessary policies and strategies for lifelong learning. A number of frameworks from countries mentioned in the present report may serve as inspiration but should be implemented in consultation with interested stakeholders to address each State's circumstances.
- 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
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.
- 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. 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.
- 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. 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".
- 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
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.
- 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. 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.
- 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
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.
- 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.
- 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.
- 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. 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.
- 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. 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.
- 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