A/HRC/11/8 page 19 57. As State responses to the questionnaire differ markedly in the amount of information provided, comparisons and similarities are difficult to assess with confidence. Nonetheless, a number of notable themes are apparent, the first of which is a general acknowledgement that the right to education enshrined in the Constitution or national legislation applies equally to persons in detention. Not all States, however, explicitly guarantee such a provision in legislation. Of particular concern is the reply of one State that “the implementation of the right to education is a matter of policy of rights, which largely depends on the resources of the State”. The Special Rapporteur reiterates that, while resources may have an impact on the implementation of policy, conditions in detention that may impinge fundamental human rights are not justified by lack of resources. 58. While most States indicate that education is one of the main components of their criminal justice management strategy, almost all emphasized its role in employment and in rehabilitation and reintegration upon release. Raising legal awareness is a welcome stated aim, as is the reference to educational and training activities being primarily aimed at mitigating negative effects resulting from the social isolation of persons remanded in custody and custody-related restrictions. These are of course vital objectives, but the frequent focus on employment prospects remains somewhat narrower than that required by the right to education. 59. The maintenance of good order and safe and secure custody is the principal reason given for restricting access to education, for example, in the case of prisoners for whom it is deemed too great a risk, where there is risk of hindering rehabilitation or “on punishment”. No further details have been provided as to how often this may occur, for how long, and the extent and form of alternative arrangements. The withdrawal of education while “on punishment”, without more information, is a matter of particular concern. 60. The imperative of security is also a reason for limited opportunities for access to the Internet (some States allow no access at all) and its stringent monitoring of use, although computers are often provided (for example in the Czech Republic, Guyana, Ireland, Latvia, Norway, Poland, the Slovak Republic, Switzerland and Tunisia). This affects not only the relevance of educational provision in this technological age, but also the increased significance of well-stocked, easily accessible and relevant libraries. Most, but not all, prisons have libraries. The general assertion is that they are appropriately stocked at the expense of the State and accessible. Nonetheless, it is clear that some rely to differing extents on the efforts of non-governmental organizations in their sourcing financing and maintenance. 61. In the vast majority of States, education is offered free of charge to the detainee, at least with regard to primary and secondary (where provided) schooling and vocational training. The cost of higher education where offered (for example in Algeria, Argentina, Costa Rica, Cuba, Cyprus, Ecuador, Germany, Guatemala, Hungary, Ireland, Italy, Japan, Latvia, Mauritius, Mexico, Norway, Poland, Romania, Tunisia and the United Kingdom) whether by distance learning or personal attendance, is more usually borne by the detainee (as in Costa Rica, the Czech Republic, Ecuador, Greece, Guatemala, Italy, Japan, Latvia, Mauritius, Poland, Romania, Singapore, the Slovak Republic and the United Kingdom). In Costa Rica, Ecuador, Guatemala, Italy, Poland, Singapore and the United Kingdom, it may also be financed by private grants. In Germany, Hungary and Ireland, higher education is offered free of charge.

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