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Lifelong learning and the right to education 2016, para. 45
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- In this evolution, the Special Rapporteur emphasizes the importance of giving consideration to the State obligations laid down in international normative instruments. States have the obligation to "develop comprehensive, inclusive and integrated policies for adult learning and education in its various forms" according to their specific conditions, governing structures and constitutional provisions.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 93
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- Existing jurisprudence enables us to better understand obligations that the right to education imposes upon private providers. For example, the Constitutional Court of Colombia ruled in 1997 that excluding pupils from schools on an economic basis only violates their enjoyment of the right to education. The Court also ruled that because of the fundamental character of the right to education, private schools are bound by specific obligations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Lifelong learning and the right to education 2016, para. 79
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- The Special Rapporteur also notes that recognition of prior learning is an important element in national qualifications frameworks. This has been recognized as a right in some countries. In France for example, the Social Modernization Act of 2002 makes access to validation of knowledge gained through experience a right for every person having at least three years of experience. In Norway, adults are entitled, by law, to primary and lower secondary education and to validation of their prior learning.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 130
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- Accordingly, effective enforcement mechanisms linked to Government accountability should be foreseen in the future agenda. The agenda should contain provisions enabling individuals and groups to claim their right to education as an entitlement in the case of violation or lack of its fulfilment. In this respect, the special role of ombudspersons and national human rights institutions and public human rights defenders should be recognized.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 34
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- The European Court of Human Rights, the Inter-American Court of Human Rights and the African Court on Human and Peoples’ Rights are examples of regional human rights courts, established for the enforcement of regional treaties, as mentioned above.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Lifelong learning and the right to education 2016, para. 57
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- The Special Rapporteur underlines the importance of the constitutional bases of lifelong learning. For example, in the Republic of Korea, it is the constitutional obligation of the State to promote "lifelong education" (art. 31 (5)). The Framework Act on Education of the Republic of Korea introduced the right of every citizen to learn throughout life. The country also adopted the Lifelong Education Act. In Argentina, the right to learn is enshrined in article 14 of the national Constitution of 22 August 1994. The 1987 Constitution of the Philippines encourages the development of non-formal, informal and indigenous learning systems, as well as the provision of adult education and vocational training.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Lifelong learning and the right to education 2016, para. 42
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- The Special Rapporteur considers it important to take full cognizance of UNESCO normative work in the early 1970s, which led to the emergence of the "right to lifelong learning". The Third International Conference on Adult Education, convened by UNESCO in Tokyo in 1972, provided a conceptual turning point when it declared its belief that "the right of individuals to education, their right to learn and to go on learning, is to be considered on the same basis as their other fundamental rights, such as the right to health and to hygiene, the right to security, the right to all forms of civil liberty, etc."
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Health
- Year
- 2016
- Date added
- Aug 19, 2019
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Protecting education against commercialization 2015, para. 73
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- Chile has embarked on a transformative, regulatory approach to undoing the devastating impact of 30 years of market-based policies in education, which have led to high levels of school segregation and stratification. The Special Rapporteur hopes the current reforms will dismantle the underlying neoliberal economic policies and restore education as a public service through new, socially just and equity-focused legislation. He also hopes that the negative consequences of privatization in Chile will dissuade countries such as Peru from following that path. Nearly 25 per cent of Peruvian schools are private and, rather than protecting the public interest in education, Peru has issued legislative decree No. 882, which leaves it to the national consumer protection agency to regulate private schools.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 93
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- The commercialization of education by all kinds of for-profit operators or with objectives contrary to international commitments by States and national values must be stopped and sanctioned. Corruption by private providers continues owing to a lack of regulations and monitoring, oversight and control mechanisms. As a result, the delivery of primary or basic education can be made a family business by running a school in a private house. Furthermore, few Governments have satisfactory regulations on tutoring by private tutorial companies. Regulations for such companies are also necessary.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 85
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- Singapore is an especially noteworthy example of how States can effectively regulate private education providers with sanctions in cases of abusive practices. According to the country's Private Education Act, private educational establishments must be registered and abide by very strict quality standards and norms. They can be refused permission to operate if the private education institution is not in the public interest. The Act establishes duties and management accountabilities. It provides that "any registered private education institution which contravenes any requirement or restriction imposed … shall be guilty of an offence" and makes acting "fraudulently or dishonestly" or "misleading" the public punishable by law. The Act contains comprehensive provisions on inspection, enforcement and offences, as well as a detailed section on offences by corporate bodies, including unincorporated associations that, when found guilty of an offence, shall be liable to be prosecuted and punished accordingly.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82d
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- [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:] National human rights institutions, tribunals, commissions and ombudspersons provide a crucial point of first instance for many complaints related to the right to education. As such, governments must make every effort to ensure such institutions fully comply with the Paris Principles, and in particular be made, and be seen to be made, independent from any government authority. They should also be empowered to initiate investigations into violations on their own initiative to allow them to pursue serious allegations raised in the media or elsewhere which are not being brought by the victims themselves. Appointments to courts and quasi-judicial mechanisms should be protected by legislation to protect against arbitrary government interference, or politically motivated dismissals.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82c
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- [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:] Domestic legislation should define the rights and responsibilities of all stakeholders for the right to education. At a minimum, such legislation should create the legal framework for primary, secondary, tertiary and vocational education systems. It should also create monitoring and reporting mechanisms, providing indicators and statistics necessary for the right to education to be evaluated and enforced. Reference should also be made to the legal recourse mechanisms and procedures, highlighting the administrative and legal mechanisms that will address alleged violations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 35
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- Finally, in case of inter-State conflict, recourse can be made to the International Court of Justice by one State against another State for protecting the right to education of its citizens, as provided for under UNESCO’s Convention against Discrimination in Education. In this respect, the advisory opinion rendered by the International Court of Justice in response to the United Nations General Assembly resolution on what legal consequences arose from Israel’s construction of a wall in the Occupied Palestinian Territory, considering the rules and principles of international law, is a historic example in showing how the right to education can be safeguarded by the world court. The International Court of Justice held that the construction of the wall in Occupied Palestinian Territory is a violation of international law and impedes the enjoyment of various human rights, including that to education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 20
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- State obligations regarding the right to education have been interpreted under international human rights law, establishing the right as justiciable. Available literature sheds light on the importance of identifying “justiciable components” of economic, social and cultural rights, including the right to education, and their enforcement at the international level, along with the obligations of States to protect, respect and fulfil them. Indeed, the courts have dealt with educational issues brought before them, and a number of key dimensions of the right to education have been subject to judicial or quasi-judicial review. The right to education has been considered to be fully justiciable in many jurisdictions.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Equality of opportunity in education 2011, para. 42
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- The need to “identify steps to strengthen and harmonize, where necessary, the legislative framework within which the right to education is guaranteed” was recognized at various stages of the EFA process. As a consequence, a large number of countries have also developed or modernized their national legislation. Such laws establish the right to basic education, and include provisions on non-discrimination and equality of opportunity in education. This further demonstrates the importance accorded to the equality of opportunity in education in national legal systems. Moreover, in some countries, the regulatory frameworks for private educational institutions have also been developed as part of national legal frameworks protecting equal opportunities in education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2011
- Date added
- Aug 19, 2019
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