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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
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
Paragraph
Justiciability of the right to education 2013, para. 53
- Paragraph text
- The right to a quality education carries the obligation for States to ensure that curriculum meets essential objectives of education. In litigation by private colleges and universities in the Philippines, involving a statutorily assigned power to the Secretary of Education, the Supreme Court of the Philippines ruled that the Government has good reason (public welfare) to regulate private education, and there was no undue exercise of power by the Secretary of Education in setting of school curricula, calendars, and examination procedures.
- 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
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
Privatization and the right to education 2014, para. 71
- Paragraph text
- Such practices are in direct contravention of the UNESCO-International Labour Organization (ILO) recommendation on the status of teachers, which lays down a normative framework for the teaching profession and applies to both public and private teachers. These practices also reflect non-compliance by States with their obligation to establish and maintain "minimum educational standards" to which all private educational institutions established in accordance with article 13 (3) and (4) of the International Covenant are required to conform. Such minimum standards are important, since privatization is propelled by business interests and vitiates the humanistic mission of education. The "cultural-valuational currency" it breeds is derogatory to the "moral worth" of the very poor, which further limits (if not excludes) their equal participation in 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
- All
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 72
- Paragraph text
- The State remains primarily responsible for education on account of international legal obligations and cannot divest itself of such responsibility. This is its core public service function. As the Supreme Court of the United States of America stated in the historic judgement in Brown v. Board of Education (1954), "Providing public schools ranks at the very apex of the function of a State" and "Education is perhaps the most important function of State and local governments". State obligations remain in the case of privatization of education. The State cannot abandon its primary responsibility, above all in respect of free basic education of quality, to the advantage of private providers, who find the inadequacies of the public education system fertile ground for making money from the provision of education, reaping uncontrolled profits.
- 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
Privatization and the right to education 2014, para. 98
- Paragraph text
- Education is a fundamental human right and a core obligation of States. The principal responsibility for the direct provision of education lies with Governments. However, there has been tremendous growth in private providers of education. Taking advantage of explosive demands on education and of insufficient public schools, privatization is making inroads in education at all levels. It often flourishes, with scant control by public authorities. This can have a crippling effect on the fundamental principle of equality of opportunity in education. Privatization often excludes marginalized groups, who are unable to pay, undermining the right of universal access to education. Some private providers inadequately respect the quality of education and undermine the status of teachers.
- 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
- 2014
Paragraph
Privatization and the right to education 2014, para. 84
- Paragraph text
- One of the most significant failures of States in the face of the privatization of education is lack of oversight and regulating mechanisms. A potential consequence of the lack of monitoring is that it can create or contribute to a culture that lacks accountability and encourages illegal or exploitative practices. In the absence of a regulatory framework, ill-informed and naive students can be duped by new private institutions that are universities only in name, having been established without credentials and recognition. If a school is not registered with the State, the State has no way to enforce minimum standards, which are set nationally and constitute conditions under which private providers must operate.
- 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
- 2014
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
Lifelong learning and the right to education 2016, para. 56
- Paragraph text
- The right to education must be incorporated into national Constitutions and legal systems so that its normative framework can be operationalized.
- 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
- 2016
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
Protecting education against commercialization 2015, para. 112
- Paragraph text
- Education benefits both the individual and the society and must be preserved as a public good; social interest in education must be protected against its commercialization. The corrosive impact of privatization on the right to education must receive foremost consideration in education laws and public policies. The commercialization of education should have no place in a country's 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
- All
- Year
- 2015
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 118
- Paragraph text
- Exploding demands for education have led to an exponential growth of private providers of education. A comprehensive and sound regulatory framework for controlling private educational institutions and ensuring their conformity with norms and standards is required. While preserving public interest in education, a system of effective sanctions in the case of abusive practices by private providers of education must exist.
- 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
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
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
Paragraph
Privatization and the right to education 2014, para. 55
- Paragraph text
- The State is primarily responsible for providing education. Article 13 of the International Covenant clearly regards "States as having principal responsibility for the direct provision of education in most circumstances; States parties recognize, for example, that the development of a system of schools at all levels shall be actively pursued" (art. 13 (2) (e)). The State also has the obligation to safeguard the right to education in the case of its violation. "Violations of article 13 include the failure to take 'deliberate, concrete and targeted' measures towards the progressive realization of secondary, higher and fundamental education." Regulating private providers is one of the key challenges for public policy. Privatization flourishes when the State does not assume its role as the regulator of the education system, as the 2011 universal periodic review of Haiti showed. With limited Government capacity and a lack of availability of public school facilities, 92 per cent of education in Haiti had been taken over by the private sector (see A/HRC/WG.6/12/HTI/3, para. 61).
- 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
- 2014
Paragraph
Justiciability of the right to education 2013, para. 82k
- 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 United Nations Declaration on the Rule of Law, adopted by the General Assembly on 24 September 2012, emphasized that States should “promote access to justice for all, including legal aid”. To facilitate this, individuals or groups who have been denied the right to education and cannot afford to bring litigation should have access to free legal aid to support their claims. While reducing fees for all rights-based claims in courts to a minimum, States should ensure that applications before quasi-judicial mechanisms are free for complainants. Protection of the right to education of the poor should be central to poverty reduction strategies.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 82m
- 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:] Knowledge regarding the means by which violations of the right to education can be adjudicated is often possessed least by those who need it most. Disadvantaged and marginalized groups in society lack resources to engage legal assistance, and are often unaware of quasi-legal mechanisms, such as the individual complaint procedure of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
- 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
Paragraph
Privatization and the right to education 2014, para. 54
- Paragraph text
- The Special Rapporteur has been underlining the importance of preserving the social interest in education, while promoting the concept of education as a public good. This is invaluable in fostering the humanistic mission of education. It is also crucial for enhancing public investment in education. It provides a conceptual frame for regulating private providers of education so that the social interest in education is not sacrificed for the sake of private profit. "The State is the custodian of quality education as a public good" and this must become a guiding factor in public policies vis-à-vis private providers. The State is both the guarantor and the regulator of education, which is a fundamental human right and a noble cause. Understanding the multifaceted role of the State in education is a precondition for critically analysing educational institutions and their responsibility for preserving education as a public good.
- 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
- 2014
Paragraph
Privatization and the right to education 2014, para. 90
- Paragraph text
- As regulators, States must sanction abusive practices by private education establishments. For instance, in 2008, the National Universities Commission in Nigeria ordered the closure of all local and foreign satellite campuses, which had mushroomed, making arrests or detaining the owners of unauthorized operations. The Special Rapporteur has commended the decision of the President of Ecuador to close, after investigation and evaluation in 2012, in conformity with constitutional law and the Higher Education Act, 14 universities that were devoid of quality and were engaging in education as business.
- 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
- 2014
Paragraph
Protecting education against commercialization 2015, para. 109
- Paragraph text
- In this respect, the Special Rapporteur refers with concern to the 2014 report on assessing progress in Africa towards the Millennium Development Goals, which contains a recommendation to speed up private sector investment in education. This disrespects the proposal by the Open Working Group and undermines the right to education. The conclusions in the report that "Africa must build a vibrant private sector that supports the development of a dynamic primary education system ... establishing a liberal and attractive regulatory framework that is conducive to profitable returns on investment" overthrows States' responsibility for education as an essential public function. Ensuring free education of good quality for all is a core obligation of States, as established in, among others, the African Charter on Human and Peoples' Rights, which provides that every individual shall have the right to education. The Special Rapporteur therefore commends a joint statement by civil society organizations calling for the withdrawal of that report.
- 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
- 2015
Paragraph
Lifelong learning and the right to education 2016, para. 103
- Paragraph text
- States should recognize the importance of developing and strengthening the normative framework for lifelong learning, taking into consideration the right to learning as well as the right to education and training. They should also recognize the right to education and learning as a social right and a social responsibility. They should develop a normative framework that reflects the right to education, learning and training. In this respect, consideration should be given to available examples. Moreover, the right to education, learning and training should be developed in its nexus with other rights. Governments should review labour laws so as to make them conducive to operationalizing the right to learning as well as the right to training.
- 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
- 2016
Paragraph
Justiciability of the right to education 2013, para. 73
- Paragraph text
- A recent publication by the Office of the High Commissioner for Human Rights has pointed out that courts do use statistical information in adjudicating cases of rights violations. Structural, process as well as outcome indicators are useful to determine what type of violation has occurred, and can enhance the justiciability of the right to education by providing evidence to judicial and quasi-judicial bodies of instances where States have violated their obligations in respect of education rights.
- 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
Paragraph
Justiciability of the right to education 2013, para. 81
- Paragraph text
- International, regional and national jurisprudence has demonstrated that the right to education is a legally enforceable right. In case of its violation, it can be protected and enforced through adjudicative mechanisms. These are invaluable for allowing citizens to address violations of their rights in a fair and impartial manner. Its justiciability should be publicly acknowledged, and reaffirmed by governments in the constitution and domestic legislation.
- 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
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
Privatization and the right to education 2014, para. 107
- Paragraph text
- States have the obligation under human rights law to establish conditions and standards for private education providers and to maintain a transparent and effective system to monitor those standards, with sanctions in case of non adherence. Such monitoring should also include the teaching profession, in accordance with the norms laid down by the UNESCO-ILO recommendation on the status of teachers, which applies to all teachers in private and in public schools.
- 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
- 2014
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
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
Paragraph
Privatization and the right to education 2014, para. 57
- Paragraph text
- States must establish and maintain a transparent and effective system that monitors the right to education and regulates private providers. As the countries of the International Organization of the Francophonie have stated, the State is the legitimate authority that enjoys full prerogatives in respect of exercising a regulation covering all levels of the education system. Notably, the State must prescribe rules; define all levels and modalities of certification of students' learning by legitimizing academic titles and diplomas; control and evaluate the activities of private providers; and sanction the private providers who do not respect the rules.
- 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
- 2014
Paragraph
Privatization and the right to education 2014, para. 43
- Paragraph text
- Non-discrimination is a general principle of universal importance in human rights law. The UNESCO Convention against Discrimination in Education, which establishes the right to education comprehensively, provides that the State can permit the establishment or maintenance of private educational institutions, "if the object of the institutions is not to secure the exclusion of any group but to provide educational facilities in addition to those provided by the public authorities, if the institutions are conducted in accordance with that object, and if the education provided conforms with such standards as may be laid down or approved by the competent authorities, in particular for education of the same level" (see article 2 (c)). Article 13 of the International Covenant on Economic, Social and Cultural Rights, which also lays down a comprehensive framework for the right to education, provides for "the liberty of individuals and bodies to establish and direct educational institutions", provided the institutions conform to the educational objectives set out in article 13 (1) and to certain minimum standards (see article 13 (4)).
- 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
- 2014
Paragraph