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Financing education and update on education in emergencies 2011, para. 4
- Paragraph text
- The right to education is an internationally recognized right and the provision of adequate financial resources is essential to its realization. Article 26 of the Universal Declaration of Human Rights recognizes the right of everyone to education, which shall be free, at least in the elementary and fundamental stages. Since the adoption of the Universal Declaration of Human Rights, States have undertaken international legal obligations for the fulfilment of the right to education through various human rights instruments and assumed the responsibility of providing the resources required for its realization.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 9
- Paragraph text
- Commitments to finance education are also present in the International Labour Organization (ILO)/United Nations Educational, Scientific and Cultural Organization (UNESCO) Recommendation concerning the Status of Teachers (1966), which recognizes the need for high priority to be given in all countries to setting aside, within the national budget, an adequate proportion of national income for the development of education. In fact, the right to education is an integral part of the institutional mission of UNESCO, and Member States have the obligation of providing the necessary resources for its realization.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 10
- Paragraph text
- The concept of the progressive realization of economic, social and cultural rights, including the right to education, recognizes that their realization often extends over time. It also implies that measures to promote the fulfilment of a right must be adopted with a view to ensuring a sustainable expansion of its enjoyment across the country. When referring to the progressive realization of the right to education, the Committee on Economic, Social and Cultural Rights emphasized that States parties to the International Covenant on Economic, Social and Cultural Rights have a specific and continuing obligation "to move as expeditiously and effectively as possible" towards the full realization of that right. It also underlined: "there is a strong presumption of impermissibility of any retrogressive measures". In that sense, support to education must be driven by consideration of the need to ensure the gradual expansion of the education sector.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 11
- Paragraph text
- Various United Nations human rights treaty bodies have expressed concern regarding the possible impact of economic crises on the enjoyment of human rights. The Committee on Economic and Social Rights specified that "even in times of severe resources constraints, whether caused by a process of adjustment, of economic recession or by other factors, the vulnerable members of society can and indeed must be protected by the adoption of relatively low-cost targeted programmes". More recently, the Human Rights Council adopted a resolution in which it called upon States to note that the global economic and financial crises did not diminish the responsibility of national authorities in the realization of human rights.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 12
- Paragraph text
- States' obligations to satisfy, as a matter of priority, "minimum essential levels of each of the rights" recognized in the International Covenant on Economic, Social and Cultural Rights, also referred to as "minimum core obligations", have immediate effect. Core obligations relating to the right to education include the obligation to provide primary education free of charge for all in accordance with article 13.2 (a) and the obligation to adopt and implement a national educational strategy that includes the provision of secondary, higher and fundamental education. Article 14 of the Covenant further underlines the core obligation to adopt a plan of action aimed at securing the progressive implementation of the right to compulsory primary education, free of charge, within a reasonable time frame.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 14
- Paragraph text
- In its general comment on the nature of States parties' obligations, the Committee on Economic, Social and Cultural Rights underlined that even where the available resources are inadequate for the realization of economic and social rights, the obligation remains for a State party to strive to ensure the widest possible enjoyment of those rights under the prevailing circumstances, to monitor the extent of their realization, and to devise strategies and programmes for their promotion. Mentions of resources refer to financing, but not exclusively.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 15
- Paragraph text
- Under the International Covenant on Economic, Social and Cultural Rights, States have an obligation to take steps individually and through international assistance and cooperation, to the maximum extent of their available resources, with a view to achieving the progressive realization of rights. The specific obligations of the international community towards financing the right to education have been underlined by the Committee on Economic, Social and Cultural Rights. At the same time, States requiring international assistance must seek and manage aid in accordance with human rights norms and standards.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 49
- Paragraph text
- States cannot fulfil their international obligations concerning the realization of the right to education unless they provide the necessary resources for education and make them available on a consistent and predictable basis. For this purpose, national legal and policy frameworks ensuring investment in education play a crucial role. They are also essential in accelerating sustainable progress towards achieving the Millennium Development Goals and moving the Education for All agenda forward. Education is indeed the best investment a country can make and deserves the highest priority in resource allocation. As a global public good of paramount importance, education should receive strong commitments from global leaders for its funding.
- 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
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Equality of opportunity in education 2011, para. 65
- Paragraph text
- Judicial systems play an essential role in protecting and enforcing the right to education as an entitlement. The enforcement of legal mechanisms guaranteeing equality of opportunity in education is crucial in safeguarding such entitlement. In the case of violation of the right to education and denial of equality of opportunity, everyone must be able to have recourse before courts or administrative tribunals on the basis of international legal obligations as well as to existing constitutional provisions on the right to education. Decisions by courts across regions demonstrate how courts have upheld the right to education and equality of opportunities in education. Case law from several countries shows that individuals can claim their entitlement to equality of opportunity 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 29
- Paragraph text
- Other international instruments offer a more detailed framework for the provision of technical and vocational education and training and the responsibility of States in this context. As already mentioned, a normative framework for technical and vocational education and training is laid down by the UNESCO Convention on Technical and Vocational Education. Technical and vocational education and training is also recognized as a right in a number of instruments adopted by the International Labour Organization. The most relevant in this regard is Recommendation No. 195 concerning Human Resources Development: Education, Training and Lifelong Learning (2004). Through various ILO instruments, the realization of the right to education for all is directly linked with employment and decent work, and social development.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 35
- Paragraph text
- While recognizing the diversity of education systems and the need to promote the participation of multiple stakeholders in technical and vocational education and training, international instruments foresee the need to further develop normative frameworks to guide action in this regard. The UNESCO Convention on Technical and Vocational Education, in its preamble, deems it desirable "to develop common guidelines in technical and vocational education" considering that, in many countries, similar objectives are pursued and similar problems arise. Similarly, ILO Recommendation No. 195, in paragraph 5 (a), encourages States to "define, with the involvement of the social partners, a national strategy for education and training, as well as establish a guiding framework for training policies at national, regional, local, and sectoral and enterprise levels". These guiding frameworks, with national laws and policies as a bulwark, can enrich national normative frameworks.
- 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
- Date added
- Aug 19, 2019
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 81
- Paragraph text
- In this context, industry and the private sector are emerging as an important stakeholder in the provision of technical and vocational education and training. It is, however, clear that, from a right to education perspective, key responsibility devolves upon States. They remain not only providers of such education and training but also have a promotional as well as protective and facilitating role. Their responsibility is crucial for devising a comprehensive and high-quality technical and vocational education and training system that is respectful of human rights, in particular, the right to 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 93
- Paragraph text
- States should ensure that adequate and sustained financial support is available to technical and vocational education and training, recognizing the importance of national investment in this sector. In order to maximize resources available for technical and vocational education and training from diversified sources, States should devise mechanisms with necessary incentives for investments by industry, enterprises, and regional and local bodies. Resources for technical and vocational education and training should also be utilized optimally.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 97
- Paragraph text
- States should put in place monitoring and evaluation mechanisms for assessing the performance and quality of technical and vocational education and training, provided both by public and private entities. As recommended in the Shanghai Consensus, UNESCO, in consultation with Member States and other concerned organizations, should "explore the possibility of setting up an international task force to develop international guidelines on quality assurance for the recognition of qualifications, based on learning outcomes, and identify a set of world reference levels, to facilitate the international comparison and recognition of technical and vocational education and training qualifications".
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Normative action for quality education 2012, para. 29
- Paragraph text
- The international legal framework concerning the right to quality education is complemented by international political commitments. The World Declaration on Education for All (Jomtien, Thailand, 1990) and the follow-up Dakar Framework for Action, adopted at the World Education Forum in Dakar, in April 2000, both recognize quality of education as a crucial component in the global movement to achieve Education for All. The Dakar Framework explicitly affirms that quality is at the heart of education. Goal 2 of the Framework commits States to provide primary education of good quality, while Goal 6 states that all aspects of education quality should be improved “so that recognized and measurable learning outcomes are achieved by all, especially in literacy, numeracy and essential life skills.” The Committee on Economic, Social and Cultural Rights has underlined the legal implications of the Framework for Action and its linkage with articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights regarding 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Normative action for quality education 2012, para. 86
- Paragraph text
- Exploding demands for education have led to an exponential growth in the number of private schools, which need to be regulated. Quality norms and standards should be uniformly applicable to all schools – public and private alike – throughout a country. A comprehensive and sound regulatory framework for controlling private schools and ensuring their conformity with norms and standards is required. Effective sanctions in case of abusive practices by private schools are necessary. As the International Commission on Education for the Twenty-first Century stated, policy-makers must “face up squarely to their responsibilities” and not leave it to market forces or some kind of self-regulation to put things right when they go wrong. In this respect, it is pertinent to bear in mind that as regards parental choice in education in schools other than those established by the public authorities, this must “conform to such minimum educational standards as may be laid down or approved by the State.”
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 99
- Paragraph text
- Education should be central to the notion and concepts of global public goods and intellectual commons which are increasingly being discussed in international forums. Education benefits both the individual and the society, and it should be safeguarded by avoiding its mercantilization, geared towards commercial gains only. Providing public services that contribute to a healthy, educated labour force helps build national stability and strengthens the legitimacy of government. Education should be preserved as a public good so that it does not become devoid of social interest.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 39
- Paragraph text
- A rights-based approach recognizes that all human rights are universal and indivisible, and provide for equality, participation, transparency and accountability. The education goals and targets should apply to all nations. National targets should be developed in full consultation with citizens and civil society. Each goal must ensure that education is available to all, and when limited by the lack of resources it is made progressively available without discrimination. Education goals, implementation efforts and financing by Governments must be transparent. Finally, through national legislation, the right to education shall be given to all people, who shall have national recourse to ensure those commitments are honoured.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 40
- Paragraph text
- A focus on an effective implementation strategy, as well as monitoring mechanisms and accountability measures, is vital in addressing the gap between commitments and reality in achieving Education for All and education-related Millennium Development Goals. Thus, in a development agenda, such strategy should be formulated for the benefit of Governments. The recognition of the right to education and the fulfilment of connected State obligations should be crucial to the implementation of such an agenda, bearing in mind the concepts of "rights-holders" and "duty-bearers". People have the equal right to receive an education, and can hold their Government to account to address discriminatory practices or the failure to provide for their education. Governments in turn have the duty to provide education, and their obligations are based in national and international law.
- 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
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 42
- Paragraph text
- A rights-based approach is grounded in legal rather than political obligations. Governments should be encouraged to develop a national legal framework, including constitutional provisions on the right to education as well as education laws and related regulations and decrees. Any implementation strategies must underline the need to modernize national legislation to meet the objectives contained in the education goals and targets. Key areas that should be addressed include defining quality education, the financing of education, the inclusion of skill development and technical education and vocational training, regulating the private providers of education and providing for adult literacy and lifelong learning programmes.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 51
- Paragraph text
- In order to ensure that technical and vocational education and training programmes are relevant to local economic opportunities, the strategy should aim at fostering action at the national level aimed at developing public-private partnerships under the overall reasonability of States, within the framework of an institutionalized collaboration between technical and vocational education and training institutions and enterprises, and anchored by human rights. Such partnerships are necessary to mitigate prevalent weaknesses in that area, especially in the developing world, where much more strong linkages between technical and vocational education and training institutions and enterprises are essential for making the system of technical and vocational education and training more responsive to growing skill demands and giving it greater capacity for contributing to industrial and socioeconomic development.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 71
- Paragraph text
- Norms and principles expressed in the Declaration on the Right to Development, adopted by the General Assembly in 1986, are of abiding significance, and also provide a basis for the formulation and implementation of the development agenda. The Declaration recognizes that the human person is the central subject of development and should be the active participant and beneficiary of the right to development. In several respects, the right to education and the right to development are mutually reinforcing, and that should be taken into consideration in the post-2015 development agenda.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 72
- Paragraph text
- The proposed post-2015 development agenda should also advance a framework of international development cooperation, founded upon the principle of international solidarity. International support is critically important in assisting the developing world in achieving the right to education, especially the poorest and most fragile States. Financial and technical support must be provided to least developed countries by development partners to implement their national education plans and programmes, while recognizing the need for strengthening national education systems. The emerging concept of "responsible sovereignty", whereby countries would engage in "fair, rule-based and accountable international cooperation, joining in collective endeavours that enhance global welfare",5 must also be taken into consideration in the post-2015 development agenda.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 119
- Paragraph text
- The central role of education in accelerating progress towards all Millennium Development Goals is recognized in the context of the High-level Plenary Meeting of the General Assembly on the Millennium Development Goals, held in 2010. It deserves continued and enhanced attention, since all development goals are underpinned by educational dimensions. The right to education, with its pivotal role in development, should be embedded in all such goals. The post-2015 development agenda must build upon the Global Initiative on Education of the Secretary-General, Education First, which sets out a vision to make education a top priority of the global political agenda. High priority should be given to education in national development and the right to education as an integral part of development planning and the implementation of policies and programmes. The right to education deserves strategic consideration in public policies and in global partnerships.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 129
- Paragraph text
- The rights-holders should have the ability to challenge Governments to meet their international obligations when they are not being respected and fulfilled. Access to justice is of foremost importance for getting the rights enforced. The right to education is a justiciable right, and that should be recognized in the future agenda. Governments should, therefore, work towards making their commitments justiciable in their national legal systems, recognizing that they are all founded in international law.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 25
- Paragraph text
- The right to education is enshrined in the constitutions of a large number of countries – it is one of the most universally recognized rights in national constitutions in the world today. A study of national constitutions found that 90 per cent of constitutions in the world contain a provision on the right to education. Of those constitutions that contain education provisions, 56 per cent require that education be compulsory up to a certain level. Additionally, 65 per cent of these constitutions stipulate that education should be free up to a certain level. Moreover, national legislation on education exists in most States.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 27
- Paragraph text
- “The essential element [of a right] is the legal power bestowed upon the [individual] by the legal order to bring about, by a law suit, the execution of a sanction as a reaction against the non-fulfilment of the obligation.” Since the right to education is an internationally recognized right, any or all of its dimensions are justiciable. “A matter is considered to be justiciable if it can be properly brought before a court and is capable of being disposed judicially.” In case of its denial or violation, a citizen must be able to have legal recourse before the law courts on the basis of international legal obligations as well as existing constitutional or legislative provisions on the right to education. Decisions by courts across regions demonstrate how they have upheld the right to education in its various dimensions.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph