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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
Protecting education against commercialization 2015, para. 103
- Paragraph text
- It is important that States carefully enforce laws, rules and regulations through monitoring and enforcement. Governments should strengthen national human rights mechanisms or ombudspersons to provide parents with a place to report suspected violations, and empower such bodies to investigate allegations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Families
- 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. 64
- Paragraph text
- 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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- 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
Privatization and the right to education 2014, para. 87
- Paragraph text
- 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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 76
- Paragraph text
- Education systems of tomorrow need to be designed so that they clearly delineate the roles and responsibility of various stakeholders, which include communities, local bodies, teachers and parents. To that end, a legal framework should be put in place that applies to all providers of education, public and private, and is fully respectful of the right to education as a fundamental human right, with Governments having primary responsibility, in keeping with human rights obligations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 41
- Paragraph text
- 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".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 92
- Paragraph text
- Independent judicial systems and independent human rights mechanisms are necessary for ensuring that laws and regulations are enforced. It is also important that judges be well-versed in the international obligations of States on the right to education. Regulations on private providers should be widely publicized so as to make them better known, especially among parents, teachers and community members and organizations, and should allow for any entity or individual to initiate legal action in cases of abusive or illegal practices by private providers. Supporting public interest litigation safeguarding the right to education against forces of privatization is also important.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 142
- Paragraph text
- The Special Rapporteur calls upon civil society organizations and the intellectual community, as well as students, parents and community associations, to expose the negative effects of public-private partnerships in education. He encourages them to voice their concerns more strongly and widely, as an essential function of the social compact for education, in an endeavour to forge a global movement against the negative impact and abusive practices of privatization and public-private partnerships in education, reducing it to a business. Their advocacy work for fostering social justice and equity is valuable to counter market-based approaches in education. Research, events and expert consultations on the effects of public-private partnerships in education and on the exercise and enjoyment of the right to education should be encouraged and supported.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 50
- Paragraph text
- Voucher systems, which support parents to send students to public or private schools, amount to public-private partnership arrangements, which promote privatization. The experience of Chile demonstrates the negative consequences of a voucher system in creating social stratification. Education service contracting in the Philippines, providing a public subsidy for each student opting to enrol in eligible private schools, is fraught with similar consequences, exacerbating inequities and social segregation. The Punjab Education Foundation in Pakistan, which sources funds from donors and financial institutions (in mixed loans and grants) and allocates vouchers to selected private schools, allows private individuals to manage government-created foundations as public-private partnerships, which is detrimental to public investment in education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 44
- Paragraph text
- Public-private partnerships in education may take many forms and arrangements, such as contractual arrangements with the private sector for public school infrastructure or school management, to operate public schools or manage certain aspects of public school operations. Public-private partnerships can also involve government purchases of education services delivered by private schools or private entities. Capacity-building initiatives, the training of public school teachers and curriculum enhancement programmes delivered by the private sector are other forms of public-private partnerships. Voucher systems, which provide government grants for students from low-income families to enrol in private schools, also amount to public-private partnerships. Another modality of public-private partnerships is the provision of cash and in-kind resources by private sector partners to complement government funding of public schools or "adopt a school" programmes.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 34
- Paragraph text
- The World Bank and the International Finance Corporation have been key proponents of public-private partnerships and have been particularly instrumental in facilitating the replication of what they consider to be successful pilots or experiments in partnerships between Governments and the private sector. A small cluster of large, powerful, global management firms have taken large interests in such public-private partnerships. Outsourcing education activities to profit-making corporations opens the space for them not only to make a profit, but also to steer education agendas in ways that may not be in the best interest of students, parents and teachers and thus societies as a whole.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 40
- Paragraph text
- 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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82n
- Paragraph text
- [Bearing in mind the key importance of the justiciability of the right to education and its enforcement, and with a view to fostering protective as well as promotional role of adjudication mechanisms, the Special Rapporteur would like to offer the following recommendations:] Governments have the primary responsibility to disseminate such information. However, the media and civil society can play an important role in sharing information with disadvantaged groups, and should be engaged and supported where possible. The national education system should also inform students, teachers and parents of their respective rights and obligations, and how violations, when they arise, should be addressed, ranging from parent-teacher interviews and school administrative complaint procedures, to national human rights mechanisms and even international mechanisms where applicable. In particular, low-cost or free mechanisms, including those available through national or regional human rights bodies, UNESCO’s complaints and communication procedure, and the Optional Protocol should be made widely known.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- 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
Report on the Post-2015 Education Agenda 2013, para. 117
- Paragraph text
- Education is a core responsibility of the Government; it is also a social responsibility, involving the participation and engagement of civil society organizations and various stakeholders. Education systems of tomorrow need to be designed so that they clearly delineate the roles and responsibilities of all partners and of various stakeholders, including communities, local bodies, teachers and parents. A comprehensive legal framework, which is applicable to all providers of education, public and private, and is fully respectful of the right to education as a fundamental human right, must inform the implementation strategy.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 21
- Paragraph text
- The right to education has subsequently been enshrined in a range of international conventions, including the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Rights of the Child (1989) and, more recently, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990). Specific to refugee concerns are the Convention relating to the Status of Refugees (Refugee Convention, 1951) and its 1967 Protocol (arts. 4 and 22), and the Convention against Discrimination in Education (1960, art. 4).
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
20 shown of 20 entities