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Privatization and the right to education 2014, para. 123
- Paragraph text
- Governments should also establish a mechanism to register and process any complaints received with respect to abusive practices by private providers of education and investigate all 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
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 118
- Paragraph text
- At the 2015 Global Education for All Meeting, it would be propitious to build upon the final statement of the 2014 Meeting, which recognized that "the State is the custodian of quality education as a public good" and to develop that concept in its various dimensions, including the social responsibility of private providers of 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
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 117
- Paragraph text
- Education benefits both the individual and society and must be preserved as public good so that the social interest is protected against the commercial interests in privatized education. Public authorities should not allow private providers to vitiate the humanistic objectives of 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
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82l
- 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:] Parliamentarians have an important role to play in fostering democratic perception of the justiciability of the right to education. Their primary role is to promote legislation which implements the right to education into the domestic legal framework. However, they may also encourage governments to refer alleged legislative deficiencies to courts for advice, they can support and promote national human rights institutions and civil society actors, and they can promote public legal aid for rights-based claims. Perhaps most importantly, they can lend their democratic legitimacy to legal and quasi-legal decisions on the right by promoting government action on recommendations and legal findings. In many cases, a legal decision places a requirement on governments to enact policy and legal changes to protect the rights of citizens. Support of the legislative branch provides democratic strength for these decisions, and publicizes the importance of the right to education among the population.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 91
- Paragraph text
- Such a legal framework could consider promoting public-private partnership, with policies and incentives encouraging the private sector to collaborate with public authorities. Moreover, institutionalized collaboration between technical and vocational education and training schools and industry and enterprises should be established.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 112
- Paragraph text
- Education benefits both the individual and the society and must be preserved as a public good; social interest in education must be protected against its commercialization. The corrosive impact of privatization on the right to education must receive foremost consideration in education laws and public policies. The commercialization of education should have no place in a country's education system.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 122
- Paragraph text
- National legislation establishing the right to basic education has been developed in many countries as part of the Education for All process. Governments must be encouraged to carry that process further so that education laws are modernized to address education quality, financing, the provision of technical and vocational education and training, the regulation of private providers of education and lifelong learning.
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 118
- Paragraph text
- Exploding demands for education have led to an exponential growth of private providers of education. A comprehensive and sound regulatory framework for controlling private educational institutions and ensuring their conformity with norms and standards is required. While preserving public interest in education, a system of effective sanctions in the case of abusive practices by private providers of education must exist.
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 90
- Paragraph text
- States should adopt comprehensive legal frameworks in line with international norms and standards. Such frameworks should establish the roles and responsibility of various State and non-State actors involved in the provision of technical and vocational education and training, with consultation mechanisms for meaningful participation of all social partners and multiple stakeholders, including community and local bodies.
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 107
- Paragraph text
- States have the obligation under human rights law to establish conditions and standards for private education providers and to maintain a transparent and effective system to monitor those standards, with sanctions in case of non adherence. Such monitoring should also include the teaching profession, in accordance with the norms laid down by the UNESCO-ILO recommendation on the status of teachers, which applies to all teachers in private and in public schools.
- 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
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82o
- 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:] The research community, particularly universities, may usefully promote the right to education by publishing research on the application of national and international law on national educational practices.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 81
- Paragraph text
- International, regional and national jurisprudence has demonstrated that the right to education is a legally enforceable right. In case of its violation, it can be protected and enforced through adjudicative mechanisms. These are invaluable for allowing citizens to address violations of their rights in a fair and impartial manner. Its justiciability should be publicly acknowledged, and reaffirmed by governments in the constitution and domestic legislation.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 82
- Paragraph text
- A certain number of principles can guide State action in the establishment, expansion and consolidation of technical and vocational education and training systems.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 116
- Paragraph text
- In the face of the transformation of education systems, especially higher education, through digital technologies, the State remains primarily responsible for respecting and protecting the right to education on account of its international legal obligations. The State is the custodian of norms and principles and must ensure that the right to education is respected in all systems and modes of education. Governments should not abdicate their responsibility for ensuring that educational institutions retain their essential public service function. In all circumstances, the State must discharge its responsibility as guarantor and regulator of education as a fundamental human right.
- 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
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Lifelong learning and the right to education 2016, para. 103
- Paragraph text
- States should recognize the importance of developing and strengthening the normative framework for lifelong learning, taking into consideration the right to learning as well as the right to education and training. They should also recognize the right to education and learning as a social right and a social responsibility. They should develop a normative framework that reflects the right to education, learning and training. In this respect, consideration should be given to available examples. Moreover, the right to education, learning and training should be developed in its nexus with other rights. Governments should review labour laws so as to make them conducive to operationalizing the right to learning as well as the right to training.
- 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
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 122
- Paragraph text
- Learning from the devastating impact of structural adjustments on education as an essential public service, and in the face of the prevalent market ideology and surging privatization in education, States must expand educational opportunities, recognizing the paramount importance of public investment in education as their essential obligation. Under no circumstances should a State provide financial support to private providers of education or allow private companies to operate multiple schools.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 111
- Paragraph text
- Education is a fundamental human right and a core obligation of States. It is not a privilege of the rich and well-to-do, it is an inalienable right of every person. Principal responsibility for the direct provision of education lies with the State. However, education as a public function of States is being eroded by market-driven approaches and the rapid growth of private providers, with scant control by public authorities. Privatization negatively affects the right to education both as an entitlement and as empowerment. It breeds exclusion and marginalization, with crippling effects on the fundamental principle of equality of opportunity in education. It also entails disinvestment in public 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
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 112
- Paragraph text
- Learning from the devastating impact of structural adjustments on education as an essential public service and in the face of the prevalent market ideology and privatization in education, countries must recognize the paramount importance of public investment in education as an essential obligation of the State and as a foundation for development. Instead of giving subsidies to private providers, Governments should provide the maximum possible resources to public education, with equity-driven initiatives to expand educational opportunities for the marginalized and the poor. A paradigm shift is required so that instead of providing financial support to private providers, States must regulate them. Under no circumstances should a State provide financial support to a private provider of education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 104
- Paragraph text
- States should develop a regulatory framework governing the privatization of education. Such a framework should be inspired by general principles of social justice and equity as well as by education as a public good, subjecting private providers to full accountability for their operations and to rigorous scrutiny. It should be comprehensive so as to apply to private education providers at all levels, from preschool through basic education to higher education, including cross-border higher education and online or correspondence providers. No private higher education institution should be allowed to operate without prior approval and recognition by competent public authorities.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
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
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 83
- Paragraph text
- The application of the above recommendations is aimed at strengthening the laws, institutions and procedures surrounding the justiciability of the right to education. However, it must be recognized that all such measures are for naught if the State refuses to implement the findings and recommendations of courts or quasi-judicial mechanisms. A nation’s development flows from the initial investment not just in a comprehensive education system, but also in the mechanisms and procedures necessary to monitor and safeguard the right to education which is not only a human right in itself but also essential for the exercise of all other human rights.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82m
- 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:] Knowledge regarding the means by which violations of the right to education can be adjudicated is often possessed least by those who need it most. Disadvantaged and marginalized groups in society lack resources to engage legal assistance, and are often unaware of quasi-legal mechanisms, such as the individual complaint procedure of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82k
- 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:] The United Nations Declaration on the Rule of Law, adopted by the General Assembly on 24 September 2012, emphasized that States should “promote access to justice for all, including legal aid”. To facilitate this, individuals or groups who have been denied the right to education and cannot afford to bring litigation should have access to free legal aid to support their claims. While reducing fees for all rights-based claims in courts to a minimum, States should ensure that applications before quasi-judicial mechanisms are free for complainants. Protection of the right to education of the poor should be central to poverty reduction strategies.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82i
- 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:] Legal recourse to enforce the enjoyment of the right to education involves individual or group claims for remedial measure against government and education authorities. But it also involves claims for remedies against private providers of education, and schools managed by the private sector, as case law in several countries shows. Private providers of education are more resourceful in seeking defence of their position. In litigation against them, governments should intervene as appropriate to defend the right to education and social interest in education, so that education is preserved as a public good and not allowed to become a mere commercial venture.
- 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
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 82e
- 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:] A precondition for effective monitoring and review is a legal system that respects the rule of law and the independence of the judiciary as well as national human rights institutions and other quasi-judicial mechanisms. The purpose of adjudicating alleged violations of the right to education is to have a credible, independent body monitoring the legal compliance of State actors in the field of education. When such mechanisms are perceived to be under undue government or private influence, their value is negated, as their judgments may not be respected by the public. By ensuring independence, there will be greater public confidence in their findings, and citizens will have more respect for the laws and actions of governments which pass scrutiny. As such, the independence of adjudicative mechanisms should be guaranteed.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
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
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 129
- Paragraph text
- The rights-holders should have the ability to challenge Governments to meet their international obligations when they are not being respected and fulfilled. Access to justice is of foremost importance for getting the rights enforced. The right to education is a justiciable right, and that should be recognized in the future agenda. Governments should, therefore, work towards making their commitments justiciable in their national legal systems, recognizing that they are all founded in international law.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 119
- Paragraph text
- The central role of education in accelerating progress towards all Millennium Development Goals is recognized in the context of the High-level Plenary Meeting of the General Assembly on the Millennium Development Goals, held in 2010. It deserves continued and enhanced attention, since all development goals are underpinned by educational dimensions. The right to education, with its pivotal role in development, should be embedded in all such goals. The post-2015 development agenda must build upon the Global Initiative on Education of the Secretary-General, Education First, which sets out a vision to make education a top priority of the global political agenda. High priority should be given to education in national development and the right to education as an integral part of development planning and the implementation of policies and programmes. The right to education deserves strategic consideration in public policies and in global partnerships.
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Normative action for quality education 2012, para. 88i
- 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:] Support research and reflection on quality in education: • Further research and reflections on the requirements for quality in education should be promoted by universities and education research centres. Civil society organizations should also contribute to this process by monitoring the situation of education and promoting initiatives that foster quality in 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
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 99
- Paragraph text
- International cooperation, well established by human rights law and often reiterated in international political commitments for technical and vocational education and training, is particularly important for support to countries with feeble capacities in such education and training. International bodies such as UNESCO, ILO, UNICEF and the World Bank should be encouraged to continue their work in providing policy advice and support services. Along with development partners, they should provide technical assistance to governments in their efforts to develop technical and vocational education and training systems.
- 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
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph