A/HRC/23/35
(c)
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.
Institutional strengthening
(d)
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, 84 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.
Independence of the judiciary and quasi-judicial institutions
(e)
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.
Training legal professionals
(f)
The right to education-based litigation can be complex, drawing
upon constitutional, domestic and international law. Adjudicating disputes
based on the right to education requires specialized training for lawyers and
judges, which must be supported by law schools, bar associations and
continuing legal education requirements. Particularly where legislation on the
right to education is vague or underdeveloped, guidance and training is
necessary to assist courts and quasi-judicial mechanisms in enforcing the right.
(g)
States must ensure that adequate training is provided on the
application and interpretation of the right to education-based laws, including
international human rights law, for lawyers, courts and particularly quasi-
84
Adopted by the United Nations Human Rights Commission by Resolution 1992/54 of 1992, and by
the United Nations General Assembly in its Resolution 48/134 of 1993.
21
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