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Financing education and update on education in emergencies 2011, para. 53
- Paragraph text
- [In that spirit, the Special Rapporteur provides the following recommendations:] Education does not often receive the priority it deserves at the national level in terms of budget allocations. To ensure that education receives priority attention, it would be expedient to promote public dialogue among ministers of education and ministers of finance and planning on the necessary steps to secure maximum funding for education. An exchange of ideas and approaches among countries regarding legal and policy frameworks for financing education would enable national authorities to draw upon available experiences and practical examples from a comparative perspective and could provide insight into new avenues for investment in education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Justiciability of the right to education 2013, para. 82a
- Paragraph text
- [Bearing in mind the key importance of the justiciability of the right to education and its enforcement, and with a view to fostering protective as well as promotional role of adjudication mechanisms, the Special Rapporteur would like to offer the following recommendations:] States must fully assume their obligation to respect, protect and fulfil the right to education. Their first obligation in this regard is to give effect to the right in their domestic legal order, and ensure its effective enforcement in case of violation through national, regional and international judicial and quasi-judicial mechanisms. Individuals as beneficiaries of the right to education, as defined in national legislation and as contained in international law, must be able to have legal recourse against its violations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Privatization and the right to education 2014, para. 100
- Paragraph text
- The Special Rapporteur considers that, driven by business interests, privatization by definition is detrimental to education as a public good and vitiates the humanistic mission of education. Abusive practices by private providers reflect the failure of States to adequately monitor and regulate privatized education. This calls for the strengthening of human rights mechanisms in order to effectively address and sanction violations of the right to education by private providers. In this, Governments can be inspired by numerous court decisions and emerging jurisprudence.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Privatization and the right to education 2014, para. 109
- Paragraph text
- Corruption by private providers remains unscathed owing to the lack of financial regulations, scrutiny of their operations and control mechanisms. Nationally designated authorities should undertake a full-scale investigation of fraudulent practices, including tax evasions by private providers, who reap profits in the name of education. States should ensure that the financial operations of all private providers are regularly scrutinized.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Normative action for quality education 2012, para. 88a
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] [Develop and strengthen national legal and policy frameworks for quality education:] • National human rights institutions, where they exist, as well as the judiciary, are vital to monitoring initiatives in this regard and to safeguarding the quality of education;
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Normative action for quality education 2012, para. 88i
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] Support research and reflection on quality in education: • Further research and reflections on the requirements for quality in education should be promoted by universities and education research centres. Civil society organizations should also contribute to this process by monitoring the situation of education and promoting initiatives that foster quality in education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 106
- Paragraph text
- The momentum and engagement produced by the post-2015 development agenda should be leveraged to bring an international framework to the broader realization of the right to education for all. This is highly important, as the right to education is an overarching right - it is essential for the exercise of all other human rights - and warrants that education should be considered as the foundation of the post-2015 development agenda, as endorsed in Human Rights Council resolution 23/4, which underlines "the need to ensure that the right to education is central in the context of the post-2015 agenda".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Public-private partnerships in education 2015, para. 125
- Paragraph text
- A differentiated approach to public-private partnerships is necessary to distinguish partners with for-profit business interests in education from those who are committed to a social interest in education, especially those with a genuine philanthropic spirit. When seeking partners, States should accord priority to those who act out of philanthropic interest and solicit partnerships with those who act in a public spirit. Governments should foster philanthropy, encouraging its contribution to education as a social cause. They should also encourage community participation in education. Governments should ensure that public-private partnerships in education do not lead to the private sector increasing its influence over education systems at the expense of the public interest. The norms and principles of the right to education should provide a framework for partnerships to be predicated upon convergence rather than divergence of interests.
- 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 type
- Conclusion / Recommendation
Paragraph
Public-private partnerships in education 2015, para. 127
- Paragraph text
- Regulating public-private partnerships in education is a complex and challenging task and requires strong public institutions and a sound regulatory framework. Regulations must ensure that public-private partnerships in education are harnessed to the broader public interest and reflect the humanistic mission of education. Regulatory frameworks governing public-private partnerships in education should be centred on the concept of education as a social good. They should seek to ensure responsible business practices, with effective enforcement in accordance with national education priorities.
- 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 type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Justiciability of the right to education 2013, para. 82o
- Paragraph text
- [Bearing in mind the key importance of the justiciability of the right to education and its enforcement, and with a view to fostering protective as well as promotional role of adjudication mechanisms, the Special Rapporteur would like to offer the following recommendations:] The research community, particularly universities, may usefully promote the right to education by publishing research on the application of national and international law on national educational practices.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protecting education against commercialization 2015, para. 126
- Paragraph text
- Governments should strengthen existing human rights mechanisms such as national human rights institutions and ombudspersons or create special mechanisms to regularly oversee operations of private providers. Such mechanisms should have suo motto investigatory power, with a mandate to look into alleged violations by private providers and any abusive practices. Recommendations made by such mechanisms should be implemented by Governments.
- 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 type
- Conclusion / Recommendation
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 135
- Paragraph text
- Finally, the post-2015 development agenda should be founded upon certain key principles. The principle of social justice is at the core of the global mission of the United Nations to promote development and human dignity, and the principles of social justice and equity are reflected in the United Nations Millennium Declaration. These are of abiding importance in guiding State actions and should receive renewed emphasis in the post-2015 development agenda, with a view to creating a better world for present and future generations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Public-private partnerships in education 2015, para. 121
- Paragraph text
- The Special Rapporteur stresses that the State is responsible for providing the right to education as the apex of its public service functions. Even when Governments collaborate with non-State providers in education through public-private partnerships, the State remains both the guarantor and regulator of the right to education, on account of its obligation to respect, protect, promote and realize the right to education. That education is provided through public-private partnerships does not change the nature of the right to education and the related 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
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 132
- Paragraph text
- Measures at the national level for the implementation of education goal in the post-2015 agenda can be boosted by its integration with the work of the United Nations human rights treaty bodies as well as of the Human Rights Council, which periodically assess and make recommendations regarding the fulfilment, inter alia, of the right to education. While submitting their reports to the United Nations human rights treaty bodies or to the Human Rights
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Financing education and update on education in emergencies 2011, para. 51
- Paragraph text
- [In that spirit, the Special Rapporteur provides the following recommendations:] A national law whereby at least a minimum level of investment is indispensably assured for quality education is highly necessary. Following up on the recommendations made consistently by the High-level Group on Education for All, the establishment of an internationally accepted norm, whereby a certain minimum percentage of GNP (4-6 per cent) or of the national budget (15-20 per cent) is allocated to education may be valuable in providing the basis for developing a national 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
- All
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 99
- Paragraph text
- International cooperation, well established by human rights law and often reiterated in international political commitments for technical and vocational education and training, is particularly important for support to countries with feeble capacities in such education and training. International bodies such as UNESCO, ILO, UNICEF and the World Bank should be encouraged to continue their work in providing policy advice and support services. Along with development partners, they should provide technical assistance to governments in their efforts to develop technical and vocational education and training systems.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Normative action for quality education 2012, para. 88a
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] [Develop and strengthen national legal and policy frameworks for quality education:] • Parliamentarians also play an important role in promoting national debates on quality in education, developing legal frameworks and monitoring State 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
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Justiciability of the right to education 2013, para. 82g
- Paragraph text
- [Bearing in mind the key importance of the justiciability of the right to education and its enforcement, and with a view to fostering protective as well as promotional role of adjudication mechanisms, the Special Rapporteur would like to offer the following recommendations:] States must ensure that adequate training is provided on the application and interpretation of the right to education-based laws, including international human rights law, for lawyers, courts and particularly quasi-judicial mechanisms. Law societies, civil society organizations and academic institutions can be invaluable partners in this regard.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Justiciability of the right to education 2013, para. 82i
- 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:] Legal recourse to enforce the enjoyment of the right to education involves individual or group claims for remedial measure against government and education authorities. But it also involves claims for remedies against private providers of education, and schools managed by the private sector, as case law in several countries shows. Private providers of education are more resourceful in seeking defence of their position. In litigation against them, governments should intervene as appropriate to defend the right to education and social interest in education, so that education is preserved as a public good and not allowed to become a mere commercial venture.
- 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
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Privatization and the right to education 2014, para. 112
- 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 privatization in education, countries must recognize the paramount importance of public investment in education as an essential obligation of the State and as a foundation for development. Instead of giving subsidies to private providers, Governments should provide the maximum possible resources to public education, with equity-driven initiatives to expand educational opportunities for the marginalized and the poor. A paradigm shift is required so that instead of providing financial support to private providers, States must regulate them. Under no circumstances should a State provide financial support to a private provider of education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Privatization and the right to education 2014, para. 120
- Paragraph text
- It should be obligatory for all private providers to report regularly to designated public authorities on their financial operations, including the proceeds of profit and dividends. Such authorities should scrutinize their financial accounts, guided by the principle of the human right to education and of social responsibility in education. Information on the operations of private providers of education so scrutinized should be disseminated at large in the interest of the public.
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Privatization and the right to education 2014, para. 99
- Paragraph text
- Privatization thus negatively affects the right to education both as an entitlement and as empowerment. Moreover, it depletes public investment in education as an essential public service. There is widespread concern about the negative effects of privatization in education in scholarly writings, by the intellectual community and civil society organizations, and by international organizations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Financing education and update on education in emergencies 2011, para. 54
- Paragraph text
- [In that spirit, the Special Rapporteur provides the following recommendations:] Pursuant to Human Rights Council resolution 17/3, UNESCO and UNICEF should be encouraged to continue to provide technical assistance to Member States for modernizing/developing national legislation. In this process, the importance of provisions for the financing of basic education should be emphasized.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph