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Normative action for quality education 2012, para. 23
- Paragraph text
- 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.
- 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
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 139
- Paragraph text
- The State remains primarily responsible for fulfilling the right to education on account of its international legal obligations. It must discharge its responsibility as the guarantor and regulator of education as a fundamental human right of every child.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Assessment of the educational attainment of students 2014, para. 24
- Paragraph text
- 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.
- 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
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 48
- Paragraph text
- In a “collective complaint” by Autism-Europe to defend the rights of people with disabilities in Europe, the European Committee on Social Rights ruled that the French Government's overall lack of progress in this area constituted a violation of the European Social Charter. The French National Consultative Commission for Human Rights has also defended the right to education for children with disabilities by a number of its advisory opinions.
- 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
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 36
- Paragraph text
- 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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 34
- Paragraph text
- In Senegal, Law 91-22 of 1991 on the orientation of national education, modified in 2004 by Law 2004-37, institutes compulsory schooling for all children aged between 6 and 16, which is free in all public schools. The recognition of the duty to provide education was reportedly followed by an increase in national investment to nearly 40 per cent of the national budget.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82j
- 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:] 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.
- 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
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82h
- 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:] 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.
- 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
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 78
- Paragraph text
- 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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 26
- Paragraph text
- Thus, justiciability of right to education also has its bases in national legal systems which provide “grounds” for the “right of action”, mentioned above. An example is the Constitution of South Africa, which provides in section 38 (Enforcement of rights) that “Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights.” Fundamental rights in India constitute “basic and essential feature” of the Constitution, and any citizen can directly approach the Supreme Court of India in cases of breach or violation. The Brazilian Association of Judges, Prosecutors and Public Defenders for Children and Youth also has a strong commitment to human rights, in particular the right to quality education and its enforcement.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 16
- Paragraph text
- Regional human rights treaties also include provisions on the right to education. In Europe, the First Protocol (1952) to the European Convention for the Protection of Human Rights and Fundamental Freedoms states that “no person shall be denied the right to education”. The Revised European Social Charter (1996) has provisions for free primary and secondary education. The Charter of the Organization of American States (1948) provides numerous rights related to education. The Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (San Salvador Protocol, 1999) defines the right to education in detail in articles 13 and 16. Finally, the African Charter on Human and Peoples' Rights (1981) provides that every individual shall have the right to education, and the African Charter on Rights and Welfare of the Child provides in article 11 that every child should have the right to education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 93
- Paragraph text
- Almost no agency of the United Nations system is without some interest in education. The right to education is an integral part of the institutional mission of UNESCO, and is a high priority. Both UNESCO and UNICEF have been tasked with the mission to prepare children for the responsibilities of the future. Education is also important in the work of UNDP as an indispensable tool for poverty reduction strategies. Technical and vocational education and training and skills development have importance in the work of several agencies, such as the International Labour Organization, the United Nations Industrial Development Organization and the World Bank, as well.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Equality of opportunity in education 2011, para. 70
- Paragraph text
- Administrative tribunals and national human rights institutions also reinforce judicial and quasi-judicial mechanisms to safeguard the equality of opportunities in education and right to education. In another case relating to schools dedicated to Roma children, the Equal Treatment Authority of Hungary concluded that not only were authorities responsible for the local system that segregated students, in violation of the principle of equal treatment, but those who tolerated or assisted the maintenance of existing segregation schemes also violated the law. National human rights institutions also have an important role to play. In Mauritius, for example, the ombudsperson has the authority to investigate any type of educational discrimination. The Equality and Anti-Discrimination Ombudsman, in Norway, and the Equal Opportunities Ombudsman, in Sweden, also have such competence.
- 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
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 52
- Paragraph text
- [In that spirit, the Special Rapporteur provides the following recommendations:] It is of crucial importance for countries to devise new approaches to resource allocation and its utilization. To enhance investment in education as a national priority, budget lines for education can be provided for in various ministries concerned with social development (ministries of social welfare, child and women's development, labour, health, etc.). At the same time, broadening the tax base is important for creating more budgetary resources.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 63
- Paragraph text
- The Special Rapporteur consequently prompts States that have not included the unconditional right to education in their Constitution to take steps to do so. Two examples are indicative of best practice in this regard. The Bolivarian Republic of Venezuela, defined by its Government as traditionally a migrant-receiving country, guarantees the unrestricted right to education at all levels through its Constitution and migrants are entitled to free education from early childhood care to higher education. Furthermore, its schools are explicitly obliged to permit the registration of undocumented children. The Government of Portugal emphasizes that national legislation also explicitly includes irregular and undocumented migrant and refugee children in the right to education with the concomitant creation of a special registry for irregular minors.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 29
- Paragraph text
- The Special Rapporteur is also concerned by the incomplete realization of the right to education of migrants, refugees and asylum-seekers (or children thereof) of irregular status. The Special Rapporteur thus welcomes the increasing recognition of equality of treatment irrespective of legal status, as expressed in the International Labour Organization (ILO) Migrant Workers Convention No. 143 (Supplementary Provisions) (arts. 1 and 9), the United Nations Migrant Workers Convention, the final report of the 1994 International Conference on Population and Development (principle 12) and the 2000 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (para. 12). The Special Rapporteur, however, views the lack of ratification of, in particular, the United Nations Migrant Workers Convention (which by February 2010 had been signed by only 31 of the 192 United Nations Members, of which virtually all are countries of emigration) as indicative of State apathy in this area.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
18 shown of 18 entities