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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Assessment of the educational attainment of students 2014, para. 24 | Aug 19, 2019 | Paragraph | States have the primary responsibility for ensuring that their national education systems meet the objectives assigned to education in international human rights treaties. Beginning with the Universal Declaration of Human Rights, schools must provide education which is respectful of human rights values, democratic citizenship and cultural diversity. According to the principles contained in article 29 (1) of the Convention on the Rights of the Child, the education of the child shall be directed to "the development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own." The education to which every child has a right is one which is "designed to provide the child with life skills, to strengthen the child's capacity to enjoy the full range of human rights and to promote a culture which is infused by appropriate human rights values." Yet, as the Committee on the Rights of the Child has stated, national and international programmes and policies on education that really count the elements embodied in article 29 (1) seem all too often to be either largely missing or present only as a cosmetic afterthought. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2014 | ||
Assessment of the educational attainment of students 2014, para. 74 | Aug 19, 2019 | Paragraph | The aptitude of students should be given serious consideration in assessing their attainments. The evaluation of the abilities and aptitudes of children in consultation with parents and teachers can be useful in enabling them to realize their potential, leading to better attainments. In Lithuania, for example, evaluation in primary and basic education is driven by the concept of the assessment of pupils' achievement and progress, encouraging positive personal features and creativity and improving personal achievements. The main idea is assessment for learning, not assessment of learning. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2014 | ||
Assessment of the educational attainment of students 2014, para. 78 | Aug 19, 2019 | Paragraph | In this context, it is important to note that, whereas parents and guardians are at liberty to choose private schools for their children, pursuant to article 13 (3) and (4) of the International Covenant on Economic, Social and Cultural Rights, education in such schools must conform to the educational objectives set out in article 13 (1) of the Covenant and "such minimum educational standards as may be laid down or approved by the State". Those minimum standards may relate to issues such as admission, curricula and the recognition of certificates. In their turn, those standards must be consistent with the educational objectives set out in article 13 (1). | Special Rapporteur on the right to education | Special Procedures' report |
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| 2014 | ||
Equality of opportunity in education 2011, para. 31 | Aug 19, 2019 | Paragraph | The International Convention on the Rights of All Migrant Workers and Members of Their Families also protects the right to education on a basis of equality. Specifically, article 30 states that “each child of a migrant worker shall have the basic right of access to education on the basis of equality of treatment with nationals of the State concerned.” Articles 43 and 45 further emphasize equality of treatment for migrant workers and members of their families in relation to access to educational institutions, as well as vocational training. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2011 | ||
Equality of opportunity in education 2011, para. 54 | Aug 19, 2019 | Paragraph | Threat of violence against girls on the way to and from schools limits their education opportunities: household surveys in many countries identify distance as a major factor in parents’ decisions to keep daughters out of school, and concerns over security figure prominently. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2011 | ||
Equality of opportunity in education 2011, para. 59 | Aug 19, 2019 | Paragraph | A number of in-kind incentives, such as school meal programmes, especially in poverty-stricken areas, are implemented in order to ensure that income deprivation or poverty in general does not result in exclusion from schools. In broad terms, State investment in social-protection policies and its contribution to alleviating the burden on families and child poverty plays an important role in the promotion of education. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2011 | ||
Financing education and update on education in emergencies 2011, para. 62 | Aug 19, 2019 | Paragraph | Increased and more coordinated attention to education among the stakeholders providing humanitarian assistance remains a key concern. The recent partnership between The Sphere Project and the Inter-Agency Network for Education in Emergencies (INEE) in preparing the companionship agreement guiding the integration of quality education in humanitarian response represents an important step in the promotion of more coherent and dedicated attention to education within the humanitarian community. Traditionally excluded from humanitarian priorities, the restoration of access to education continues to be cited as a priority by families and young people affected by emergencies. Responding to the needs identified by communities affected is an essential component of humanitarian responses, and central to the implementation of the right to education. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2011 | ||
Issues and challenges to the right to education in the digital age 2016, para. 131 | Aug 19, 2019 | Paragraph | Civil society organizations and the intellectual community, as well as students, parents and community associations, should expose the negative effects of digital technologies on the right to education, underlining, in particular, the essential objectives laid down in the Universal Declaration of Human Rights and international human rights conventions. They should voice their concerns about the need to safeguard human values in respect of the right to education in the face of digital modes of education. Their advocacy work to foster social justice and equity is valuable in countering market-based approaches promoting the use of technology in education. Research, events and expert consultations on the right to education in the digital age should be encouraged and supported. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2016 | ||
Justiciability of the right to education 2013, para. 36 | Aug 19, 2019 | Paragraph | Quasi-judicial mechanisms, such as ombudspersons, and national human rights institutions play an important role in protecting the right to education by monitoring its implementation at the national level. Such mechanisms exist in many countries. Even though their findings are not legally binding, decisions and recommendations by such quasi-judicial bodies at national level are important as they wield political and legal pressure upon the authorities and institutions. Such mechanisms can also approach judiciary for providing relief in cases where the right to education is not respected. For example, Defensoria Pública in São Paulo (Brazil) provides legal support to poor citizens whose right to education has been violated, even as the Public Prosecutors in São Paulo (Brazil) take up such violations with public authorities, as well as in courts for the enforcement. The National Commission for Protection of Child Rights in India has the mandate to protect the enjoyment of the right to education, and has moved away from a welfare-based approach to a rights-based perspective. After examining a large number of complaints regarding imposition of fee for primary education when the education should be free of cost, the findings of the Commission led to parents having fee payments reimbursed through subsequent court actions. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2013 | ||
Justiciability of the right to education 2013, para. 54 | Aug 19, 2019 | Paragraph | A large number of cases address the rights of minorities and their language rights. The European Court of Human Rights, for instance, has held that the right to education did not guarantee the right to education in a particular language, or for the State to subsidize education of a particular type. However, article 14 read in conjunction with article 2 of Protocol No. 1 was violated because the legislation prevented children from having access to French-language schools in certain areas solely on the basis of their parents’ residence. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2013 | ||
Justiciability of the right to education 2013, para. 64 | Aug 19, 2019 | Paragraph | Excluding pupils from schools on only an economic basis violates their enjoyment of the right to education, as the Constitutional Court of Colombia ruled in 1997. The Court also ruled that, because of the fundamental character of the right to education, private schools are bound by specific obligations. These concern their disciplinary powers and their capacity to terminate contractual relations with students or their parents. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2013 | ||
Justiciability of the right to education 2013, para. 78 | Aug 19, 2019 | Paragraph | Courts and even adjudicative bodies may at times insist on the formality of their procedures, severely disadvantaging anyone without legal representation. Procedures to bring claims must be simplified for unrepresented claimants, and kept as informal as possible for quasi-judicial institutions. Rules with respect to legal standing to bring a claim should allow not just a child and their parents, but also third parties to bring a claim based on the alleged violation, in order to ensure that cultural constraints, or threats against the victims, do not prevent cases from emerging. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2013 | ||
Justiciability of the right to education 2013, para. 82h | Aug 19, 2019 | Paragraph | [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:] Children and adults who are primary beneficiaries of the right to education are often unaware of their rights. In many cases, parents, while motivated, may lack information or the financial resources to protect their right to education in courts. Civil society and media can play an important role in disseminating information regarding the right to education to parents, teachers and school administrators, and also in identifying and publicizing violations of the right to education. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2013 | ||
Justiciability of the right to education 2013, para. 82j | Aug 19, 2019 | Paragraph | [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:] Litigation promoting the right to education is in the public interest. Violations of the right to education may be voiced in the media, but they must also be subject to effective adjudication. For this reason, legal standing should be given the broadest possible interpretation, to allow not just affected children, but also their parents and other education stakeholders to bring complaints before judicial and quasi-judicial bodies. Poor and disadvantaged persons may be unwilling to pursue their rights, out of fear of reprisals, lack of financial resources, or unwillingness to challenge State authorities. Quasi-judicial institutions should be empowered to initiate investigations suo moto, and third parties, including non-governmental actors, should be able to initiate cases before courts and human rights institutions where the available evidence supports them. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2013 | ||
Justiciability of the right to education 2013, para. 82n | Aug 19, 2019 | Paragraph | [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. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2013 | ||
Normative action for quality education 2012, para. 20 | Aug 19, 2019 | Paragraph | The concept of the “four pillars of education” (learning to know, learning to do, learning to live together and learning to be) provides the basis for a broader conceptual understanding of quality education. A well-qualified, motivated and well-looked-after teaching force is another central aspect of this holistic conceptual framework. Quality hinges upon giving teachers the necessary ability to impart knowledge, values and skills, and upon valorizing their status. Moreover, quality education cannot be successfully imparted without adequate infrastructure and facilities and a school environment in which teachers, parents and communities are all active participants in school life. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2012 | ||
Normative action for quality education 2012, para. 21 | Aug 19, 2019 | Paragraph | Thus, a holistic conceptual framework of quality education comprises: (i) a minimum level of student acquisition of knowledge, values, skills and competencies; (ii) adequate school infrastructure, facilities and environment; (iii) a well-qualified teaching force; (iv) a school that is open to the participation of all, particularly students, their parents and the community. It is relevant to underline that quality in education cannot be achieved without provision of adequate resources to respond to quality imperatives. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2012 | ||
Normative action for quality education 2012, para. 23 | Aug 19, 2019 | Paragraph | The Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child establish that education should be aimed at the full development of the human personality and the sense of its dignity. Article 26 of the Declaration clearly states that education must be “directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.” Article 13 of the Covenant specifies that education “shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.” Article 29 of the Convention on the Rights of the Child goes further in stipulating that education must develop respect for human rights, the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own. Education must prepare the child for responsible life in a free society. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2012 | ||
Normative action for quality education 2012, para. 77 | Aug 19, 2019 | Paragraph | Management plays a central role in ensuring schools remain inclusive and safe environments, free from violence and sexual harassment, and work in tandem with the community. Rules and regulations governing school management should ensure that the community, parents, teachers and pupils have a voice and role in the management of schools, and in finding ways and means to improve the quality of the school environment. This is acknowledged in the UNESCO-ILO Recommendation concerning the Status of Teachers (1966), which specifies that there should be close cooperation between the competent authorities, organizations of teachers, employers and workers, and parents, as well as cultural organizations and institutions of learning and research, for the purpose of defining educational policy and its objectives (para. 10 (k)). | Special Rapporteur on the right to education | Special Procedures' report |
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| 2012 | ||
Normative action for quality education 2012, para. 80 | Aug 19, 2019 | Paragraph | Public authorities should ensure monitoring and accountability in all situations where standards are not met. If standards are to be effectively implemented, the concerned stakeholders, including teaching personnel, parents and pupils, must be aware of them and actively involved in compliance. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2012 | ||
Normative action for quality education 2012, para. 81 | Aug 19, 2019 | Paragraph | Prevalent teacher absenteeism bears evidence to the slackness regarding the inspection of schools. Public authorities should tighten monitoring and inspection in order to control this lacuna with disciplinary measures. Some additional aspects deserve special consideration in quality inspections, such as: (i) the way human rights values are promoted in schools; (ii) the overall interaction with parents and the community; (iii) the promotion of dialogue with teachers on child-friendly teaching and learning. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2012 | ||
Privatization and the right to education 2014, para. 35 | Aug 19, 2019 | Paragraph | Private providers find it lucrative to provide early childhood care and education, which has remained scantly covered by the public education system. In most developing countries, the public education system is rudimentary in this respect and private providers have an open market for catering to working families and the middle class. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2014 | ||
Privatization and the right to education 2014, para. 40 | Aug 19, 2019 | Paragraph | Another document prepared by the UNESCO International Institute for Educational Planning and the International Organization of la Francophonie also highlights similar developments, expressing similar concerns about sweeping privatization in education reducing education to a commodity: "With diversification in the field of education, private providers - international or local - are more and more numerous. International consortiums have [become] specialized in 'selling' education. A number of local figures, including many teachers and even educational authorities, are creating schools for profit, turning to rather wealthy families with slogans extolling the quality [of the school] or are turning towards the disadvantaged public with altruistic slogans, which often hide the profit or political character of their endeavours. One can observe, above all, the emergence of a quasi-market phenomenon. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2014 | ||
Privatization and the right to education 2014, para. 47 | Aug 19, 2019 | Paragraph | Privatization in education also exacerbates discrimination against girls in gaining access to education. It is well known that families prioritize the education of boys over girls and that girls are less likely to be enrolled in private education owing to parents' perceived return on the costs of educating girls compared to that of boys. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2014 | ||
Privatization and the right to education 2014, para. 87 | Aug 19, 2019 | Paragraph | Since education is a social responsibility involving parents, the community, teachers, students and other stakeholders, they can have recourse to complaints procedures and human rights protection mechanisms in cases of violation of the right to education, abusive practices and corruption by private providers. The Special Rapporteur would like to encourage a system that provides the possibility for any entity or individual to initiate legal action in the case of abusive practices by private providers as public-interest litigation. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2014 | ||
Privatization and the right to education 2014, para. 105 | Aug 19, 2019 | Paragraph | The regulatory framework should expound the grounds on which discrimination in education is prohibited in international human rights conventions, as highlighted in the present report. It should also specify the duties and responsibilities of private providers vis-à-vis parents, the community and society at large. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2014 | ||
Protecting education against commercialization 2015, para. 41 | Aug 19, 2019 | Paragraph | UNESCO and the International Organization of la Francophonie have expressed concern with sweeping privatization in education reducing education to a commodity: "With diversification in the field of education, the private providers - international or local - are more and more numerous. International consortiums have [become] specialized in 'selling' education. A number of local figures, including many teachers and even educational authorities, are creating schools for profit, turning to rather wealthy families with slogans extolling the quality [of the school] or are turning towards the disadvantaged public with altruistic slogans, which often hide the profit or political character of their endeavours. One can observe, above all, the emergence of a quasi-market phenomenon". | Special Rapporteur on the right to education | Special Procedures' report |
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| 2015 | ||
Protecting education against commercialization 2015, para. 43 | Aug 19, 2019 | Paragraph | Entitlement to education in terms of universal access is an essential prerequisite for the exercise of the right to education. However, privatization breeds exclusion, as those who are disadvantaged are unable to access private schools. This aggravates existing disparities in access to education, further marginalizing the poor. Furthermore, voucher schemes purported to provide economically disadvantaged parents with the means to select a private school in fact promote group differentiation. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2015 | ||
Protecting education against commercialization 2015, para. 47 | Aug 19, 2019 | Paragraph | The State is primarily responsible for respecting, fulfilling and protecting the right to education. The liberty of parents and guardians to ensure the religious and moral education of their children in conformity with their own convictions and the liberty of individuals and bodies to establish and direct educational institutions provided for in article 13 (3) and (4) of the International Covenant on Economic, Social and Cultural Rights is not unfettered. Such freedom in education is subject to compliance with minimum standards in education, to which all private educational institutions are required to conform. The failure to ensure that private educational institutions conform to the minimum educational standards required in articles 13 (3) and (4) constitutes a violation of the right to education. | Special Rapporteur on the right to education | Special Procedures' report |
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| 2015 | ||
Protecting education against commercialization 2015, para. 57 | Aug 19, 2019 | Paragraph | Discrimination based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status is prohibited in international human rights conventions, including the International Covenant on Economic, Social and Cultural Rights (art. 2 (2)). Private providers do not respect the prohibited grounds of discrimination and violate fundamental principles of non-discrimination in human rights law: social origin, economic condition, birth or property are the preponderant factors in allowing access to private schools. It is the obligation of States to ensure the right to education without discrimination or exclusion. Privatization in education also has repercussions on girls' right to education, as families prioritize the education of boys over girls. Any scheme of "vouchers purported to provide economically disadvantaged parents the means to select a private school in fact promotes group differentiation". | Special Rapporteur on the right to education | Special Procedures' report |
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| 2015 |