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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. 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 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
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 type
- Conclusion / Recommendation
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 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
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 type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Justiciability of the right to education 2013, para. 82n
- 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:] Governments have the primary responsibility to disseminate such information. However, the media and civil society can play an important role in sharing information with disadvantaged groups, and should be engaged and supported where possible. The national education system should also inform students, teachers and parents of their respective rights and obligations, and how violations, when they arise, should be addressed, ranging from parent-teacher interviews and school administrative complaint procedures, to national human rights mechanisms and even international mechanisms where applicable. In particular, low-cost or free mechanisms, including those available through national or regional human rights bodies, UNESCO’s complaints and communication procedure, and the Optional Protocol should be made widely known.
- 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
- Families
- 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
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 type
- Conclusion / Recommendation
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 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
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 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
Financing education and update on education in emergencies 2011, para. 96
- Paragraph text
- States must ensure systematic monitoring, documenting and reporting of violations of international human rights and humanitarian law committed against members of education communities and education institutions and settings. The recent adoption by the Security Council of resolution 1998 (2011) must be followed by enhanced attention to the situation of education in future efforts for monitoring violations of child rights during armed conflict. Domestic, regional and international accountability mechanisms, including those of the military, should be fully cognizant of, as well as systematically address, the obligations of State and non-State actors with respect to the right to education and other legal protections guaranteed to members of education communities and institutions. Specific efforts are required to strengthen the capacity of education providers to prevent and respond to attacks.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 109
- Paragraph text
- Guided by a rights-based approach, education goals should be formulated as entitlements, with the corresponding responsibility of Governments to their citizens to deliver on the goals and targets. Thus, the education agenda should be devised along the lines of rights-holders and duty-bearers: rights-holders include children, youth and adults who are entitled to receive or equitably access available education programmes; duty-bearers include Governments, or partners that assist Governments in their obligation to provide the policies, programmes and institutions that implement the right to education. As primary duty-bearers for the realization of the right to education, Governments are first and foremost responsible for providing a national education system that lives up to their commitments.
- 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
- Children
- Youth
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
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 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
Justiciability of the right to education 2013, para. 83
- Paragraph text
- The application of the above recommendations is aimed at strengthening the laws, institutions and procedures surrounding the justiciability of the right to education. However, it must be recognized that all such measures are for naught if the State refuses to implement the findings and recommendations of courts or quasi-judicial mechanisms. A nation’s development flows from the initial investment not just in a comprehensive education system, but also in the mechanisms and procedures necessary to monitor and safeguard the right to education which is not only a human right in itself but also essential for the exercise of all other 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
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph