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Article 18: The right to freedom of thought, conscience and religion 1993, para. 5
- Paragraph text
- The Committee observes that the freedom to "have or to adopt" a religion or belief necessarily entails the freedom to choose a religion or belief, including, inter alia, the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief. Article 18 (2) bars coercions that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief or to convert. Policies or practices having the same intention or effect, such as for example those restricting access to education, medical care, employment or the rights guaranteed by article 25 and other provisions of the Covenant are similarly inconsistent with article 18 (2). The same protection is enjoyed by holders of all beliefs of a non-religious nature.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1993
Paragraph
The right to education (Art. 13) 1999, para. 41
- Paragraph text
- In the Committee's view, corporal punishment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration of Human Rights and both Covenants: the dignity of the individual. Other aspects of school discipline may also be inconsistent with human dignity, such as public humiliation. Nor should any form of discipline breach other rights under the Covenant, such as the right to food. A State party is required to take measures to ensure that discipline which is inconsistent with the Covenant does not occur in any public or private educational institution within its jurisdiction. The Committee welcomes initiatives taken by some States parties which actively encourage schools to introduce "positive", non violent approaches to school discipline.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1999
Paragraph
Plans of action for primary education (Art. 14) 1999, para. 1
- Paragraph text
- Article 14 of the International Covenant on Economic, Social and Cultural Rights requires each State party which has not been able to secure compulsory primary education, free of charge, to undertake, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory primary education free of charge for all. In spite of the obligations undertaken in accordance with article 14, a number of States parties have neither drafted nor implemented a plan of action for free and compulsory primary education.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 1999
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 54c
- Paragraph text
- [The obligation to fulfil requires that States parties must provide all that is necessary for fulfilment of the right to take part in cultural life when individuals or communities are unable, for reasons outside their control, to realize this right for themselves with the means at their disposal. This level of obligation includes, for example:] The inclusion of cultural education at every level in school curricula, including history, literature, music and the history of other cultures, in consultation with all concerned;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
The right to inclusive education 2016, para. 61b
- Paragraph text
- [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] A clear definition of inclusion and the specific objectives it seeks to achieve at all educational levels. Inclusion principles and practices must be considered as integral to reform, and not simply an add-on programme.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
The aims of education 2001, para. 21
- Paragraph text
- The media, broadly defined, also have a central role to play, both in promoting the values and aims reflected in article 29 (1) and in ensuring that their activities do not undermine the efforts of others to promote those objectives. Governments are obligated by the Convention, pursuant to article 17 (a), to take all appropriate steps to "encourage the mass media to disseminate information and material of social and cultural benefit to the child".
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Children
- Year
- 2001
Paragraph
Equality of opportunity in education 2011, para. 6
- Paragraph text
- The centrality of education in human development is clear. The right to education as an internationally recognized right is all the more important as it is not only a human right in itself, but also essential for the exercise of other rights. While the international community is committed to achieving the right to basic education for all, the gap between commitment and reality remains significant and, if concrete and sustainable steps are not taken, this can easily widen. Understanding and removing obstacles that impede the enjoyment of all to the right to education are urgent challenges for the entire international community.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 8
- Paragraph text
- Despite the almost universal recognition of State obligations to provide universal primary education and fair access to secondary and higher education through all appropriate means, education is not fully accessible for many people around the world. The Special Rapporteur decided to dedicate his first thematic report to the promotion of equality of opportunity in education, considering its universal importance for the realization of the right to education. Developing countries face particularly acute challenges with regard to great social and economic inequalities, but developed countries also encounter challenges when attempting to ensure equal educational opportunities for all. Concerns relating to equality of opportunity in education are understood as relating both to guaranteeing equal opportunities in access to different levels of education as established by human rights norms, as well as equal opportunities to evolve within education systems.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- 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
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 13
- Paragraph text
- The experience of human rights monitoring mechanisms has identified many forms of discrimination and inequality that affect the enjoyment of the right to education. These range from clear legal inequalities in status and entitlements to policies that neglect the specific conditions of certain groups. The work of human rights treaty bodies over the last years has indicated areas of action at national and international levels to ensure equality of opportunity in education. Similarly, recommendations to States undergoing the universal periodic review process also address aspects such as guaranteeing the right to education to marginalized and under privileged groups, combating poverty, ensuring the right to education for all, removing gender-based imbalances in education, strengthening efforts to expand opportunities for (basic) education, etc.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 72h
- Paragraph text
- [The Special Rapporteur puts forward the following recommendations for the promotion of equal opportunities in education on the basis of a human rights framework:] Strengthen collaboration with academic institutions and civil society organizations: Fostering inclusive education implies active engagement of civil society. The intellectual community and the civil society play a central role in promoting better understanding of inequalities in education. The advocacy work of these stakeholders is vital to ensuring widespread attention to issues for ensuring equality of opportunity in education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 65
- Paragraph text
- Information and communication technologies have opened new paths to distance learning. As a result, technical and vocational education and training is also provided in a "virtual learning environment" by way of Internet-based education and training and e-learning and e-training initiatives. A multiplicity of learning sites and modes exist for delivering technical and vocational education and training. While such modes of delivery can provide for greater access to it, "online learning can also lead to deskilling of teachers through the fragmentation and segmentation of tasks. Moreover, providers of dubious quality are using Internet-based education and training simply to cut costs by undermining teachers' working conditions, particularly in off-shore provision". This is an emerging issue which requires serious attention in the context of developments and policy reforms in technical and vocational education and training.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 66
- Paragraph text
- An essential prerequisite of quality technical and vocational education and training is to ensure the deployment and retention of qualified teachers. The provisions in the ILO/UNESCO Recommendation concerning the Status of Teachers (1966) are applicable to technical and vocational education and training, especially the provisions concerning preparation for the profession; continuing education, employment and career; the rights and responsibilities of teachers; conditions for effective teaching and learning; teacher salaries and social security; and emoluments and conditions of service. Instructors and teachers should possess the necessary qualifications, including advanced degrees and professional experience in related occupational fields. They should also have pedagogical skills and be motivated and committed to the profession. In this regard, mechanisms to ensure in-service training for teachers/educators in industry or enterprise, and continuing training in the use of information and communication technology, are especially necessary.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 14
- Paragraph text
- The central role of education in accelerating progress towards all Millennium Development Goals was recognized by the General Assembly in the context of the High-level Plenary Meeting on the Millennium Development Goals in 2010 (resolution 65/1, para. 71 (c)). Technical and vocational education and training is often regarded as a powerful tool in poverty reduction and development strategies, as it provides individuals with the requisite qualifications and skills to enable them to contribute to various sectors of the economy. "TVET is extremely suitable for contributing to national socioeconomic development and meeting the Millennium Development Goals through human resources development. When TVET curricula are focused on creating 'job-creators' (self-employed workers) rather than 'job-seekers', unemployment in developing countries can be reduced, thereby allowing developing countries to get closer to meeting the MDGs".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 16
- Paragraph text
- New directions on the changing landscape of technical and vocational education and training were provided recently at the Third International Congress on Technical and Vocational Education and Training, "Transforming TVET: Building Skills for Work and Life", organized by UNESCO and hosted by the Government of China in Shanghai from 14 to 16 May 2012. The outcome document of that Congress provides new guidance to States on transforming technical and vocational education and training for green economies and societies in the light of climate change, and rising global unemployment and inequalities. It also recognizes the importance of adapting technical and vocational education and training programmes to rapidly changing labour market demands, economies and societies; of integrating technical and vocational education and training with information and communication technologies; and of developing mechanisms to promote the involvement of relevant stakeholders in the planning and implementation of these programmes.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Education
- Person(s) affected
- All
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 22
- Paragraph text
- Quality basic education which is crucial to “nation-building” constitutes a hallmark of the fulfilment of the right to education in the true sense of the term.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 88c
- 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:] Implement quality assessments with a promotional spirit: • Quality assessments should be driven by a promotional spirit, with emphasis on creating equitable educational and learning opportunities for all, rather than further marginalizing poorly endowed schools in remote areas. Based on the findings of national-level assessments of students’ performance, States should support those regions and schools which perform poorly and are falling behind, in an endeavor to promote more equitable education systems. Affirmative action and positive measures should be stepped up to enable all those who are victims of social exclusion and poverty to enjoy their right to quality education;
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 88
- Paragraph text
- A United Nations system-wide coordinated approach is important for protecting and promoting the right to education. That must be taken into account in the post-2015 development agenda.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2013
Paragraph
Normative action for quality education 2012, para. 78
- Paragraph text
- “Education systems that lack a strong, clear respect for human rights cannot be said to be of high quality.” In order to nurture quality education, school environments must respect and promote human rights and mutual understanding. Schools can play a central role in the prevention of violence and the promotion of a culture of peace as long as internal practices are guided by strict adherence to human rights principles. Quality education can never be ensured if school systems ignore situations of gender inequality or discrimination against particular groups on ethnic or cultural grounds.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
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
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 14
- Paragraph text
- The right to education is provided for in international, regional and national legal frameworks.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 17
- Paragraph text
- “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”. The right to education creates complex, intertwined obligations and responsibilities for multiple stakeholders. States have the primary responsibility to realize the right to education for all individuals in their territories and subject to their jurisdiction. They must establish an educational system respectful of the right to education, and refrain from any action which may prevent or limit access to education. The State’s obligations remain in case of privatization of education. States must ensure that the right to education is provided and promoted; they must also ensure that it is respected and fulfilled, both as entitlement in terms of universal access to basic education as well as empowerment in terms of acquisition of knowledge, skills and competencies and their quality and standard.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- 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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Privatization and the right to education 2014, para. 68
- Paragraph text
- Privatization in education also negatively affects the right to education as empowerment in terms of knowledge, values and skills acquired and their quality.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2014
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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 73
- Paragraph text
- In a world where more than 1.2 billion people are victims of poverty and where the richest 1 per cent of the world's population owns 40 per cent of global assets whereas the bottom half of the world's population owns just 1 per cent of global wealth, prioritizing education as an essential public service is imperative to stop society from being tipped irrevocably into a world that caters only to the needs of the privileged few. A universal approach to the provision of social services is essential to realizing their full potential as a component of transformative social policy.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Person(s) affected
- All
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 97
- Paragraph text
- The existing disparities in education should not be aggravated by private providers catering to persons with means, to the detriment of the poor. Universal access to free, basic education for those excluded owing to poverty must be an overriding development concern. This access should be recognized as a key instrument for putting an end to the intergenerational transmission of poverty. It is imperative to create a global movement that urges all the Governments of the world to abide by the pledges made in the Millennium Declaration (2000) to ensure social justice and equity and to take seriously the task of regulating privatization in education in view of future pledges regarding the total eradication of poverty before 2030 and for the common well-being.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- 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
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph