Search Tips
sorted by
30 shown of 102 entities
Equality of opportunity in education 2011, para. (c)
- Paragraph text
- Justiciability of the right to education: The protection of the right to education requires judicial and quasi-judicial mechanisms that ensure rights holders’ capacity to claim their rights at national, regional and global levels. The Special Rapporteur intends to examine the jurisprudence and enforcement mechanisms for protecting 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
- 2011
Paragraph
Equality of opportunity in education 2011, para. 9
- Paragraph text
- The right to education is set out in article 26 of the Universal Declaration of Human Rights, and is comprehensively elaborated in article 13 of the International Covenant on Economic, Social and Cultural Rights and in articles 28 and 29 of the Convention on the Rights of the Child. As highlighted below, a number of other human rights treaties also expand on 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
- 2011
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
Paragraph
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
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
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
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
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
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
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
Paragraph
Financing education and update on education in emergencies 2011, para. 18
- Paragraph text
- In 2006, States and international organizations involved in development aid established the Leading Group on Innovative Financing for Development to devise additional international financing mechanisms to promote global development. The International Task Force on Innovative Financing for Education, established as part of that initiative, is currently discussing a number of alternatives to enhance funding for education, including the mobilization of domestic resources as well as international aid.
- 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
Financing education and update on education in emergencies 2011, para. 25
- Paragraph text
- Other constitutions establish a minimal share for education in the overall national budget. The Constitution of Indonesia, as revised in 2002, establishes in article 31 (4) that the State shall prioritize the budget for education to a minimum of 20 per cent of the State budget and of the regional budgets to fulfil the needs of implementation of national 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
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 31
- Paragraph text
- In Argentina, the National Education Law No. 26.206 of 2007 provides that the resources for education shall be increased to 6 per cent of GDP in 2010. The Law lays down a right to compulsory schooling from the age of 5 until the completion of secondary education (art. 16).
- 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
Paragraph
Financing education and update on education in emergencies 2011, para. 44
- Paragraph text
- While allocating the maximum amount of domestic resources to education is crucial, it is of equally critical importance to ensure their effective and optimal utilization. Beyond securing funds for education, legal instruments protecting the right to education can further guide State action for the utilization of resources assigned to education in accordance with human rights obligations.
- 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
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
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
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. 116
- Paragraph text
- In the face of the transformation of education systems, especially higher education, through digital technologies, the State remains primarily responsible for respecting and protecting the right to education on account of its international legal obligations. The State is the custodian of norms and principles and must ensure that the right to education is respected in all systems and modes of education. Governments should not abdicate their responsibility for ensuring that educational institutions retain their essential public service function. In all circumstances, the State must discharge its responsibility as guarantor and regulator of education as a fundamental human right.
- 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. 22
- Paragraph text
- Domestic law should set out “entitlements” in sufficient detail to enable remedies for non-compliance to be effective. National laws on the right to education should create a “right of action” for individuals or groups who consider that their right to education is not being fully realized, and provide for “judicial remedies”.
- 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. 23
- Paragraph text
- The right to education as provided for in article 13(2)(a), 13(3) and 13(4) of the International Covenant on Economic, Social and Cultural Rights, along with a number of other provisions, would seem to be capable of immediate application by judicial and other organs in many national legal systems. Any suggestion that the provisions indicated are inherently non-self-executing would seem to be difficult to sustain.
- 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. 24
- Paragraph text
- “For rights to have meaning, effective remedies must be available to redress violations.” These should include “access to independent complaints procedures and to the courts with necessary legal and other assistance.” Where rights are found to have been breached, there should be appropriate reparation, including compensation.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- 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
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
Paragraph
Justiciability of the right to education 2013, para. 32
- Paragraph text
- As a precondition, it must be noted that an independent judicial system is an “essential prerequisite” for justiciability. It is of paramount importance that the judiciary upholds “the rule of law” and ensuring that there is no discrimination in the administration of justice.”
- 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. 40
- Paragraph text
- Human rights treaty bodies play a very important role regarding enforcement of the right to education and its justiciability. The dialogue they maintain with the States parties with respect to the progress realized in its implementation includes the constitutional and national laws and situations where the right is not protected in national legal system. For instance, the Committee on Economic, Social and Cultural Rights (CESCR) requires States to provide information as to the extent to which these rights are considered to be justiciable.
- 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. 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. 62
- Paragraph text
- As a result of a series of decisions by the Supreme Court of Indonesia, the Government had to progressively increase the national budget for education in line with the constitutional provisions and the Law on National Education System (2003), which stipulates that the State shall provide 20 per cent of national and regional budgets 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
- All
- N.A.
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 67
- Paragraph text
- Protection and promotion are two pillars of the human rights system on which national legal systems should be grounded. The judicial and the quasi-judicial mechanisms are protective as well as promotional in safeguarding and enforcing the right to education. The obligation to promote the right to education means progressive introduction of free education and States must prioritize the provision of free primary education. Steps to be taken by States must be “deliberate, concrete and targeted” towards the full realization of the right to education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
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