A/HRC/23/35
mechanisms such as human rights treaty bodies can also examine cases of the
violations of the right to education, carry out inquiries and investigations, and
recommend the adoption of appropriate measures to local, regional or national
authorities.
31.
Remedies available under domestic jurisdiction must normally be first
exhausted before international mechanisms apply.
32.
As a precondition, it must be noted that an independent judicial system is an
“essential prerequisite” for justiciability. It is of paramount importance that the
judiciary upholds “the rule of law” and ensuring that there is no discrimination in the
administration of justice.” 32
A.
Judicial mechanisms
33.
Alleged violations of the enjoyment of the right to education are normally
litigated in national courts. Once all levels of appeal have been exhausted, or at
times when it can be shown that no action is possible in national courts, recourse can
be made to regional or international courts.
34.
The European Court of Human Rights, the Inter-American Court of Human
Rights and the African Court on Human and Peoples’ Rights are examples of
regional human rights courts, established for the enforcement of regional treaties, a s
mentioned above.
35.
Finally, in case of inter-State conflict, recourse can be made to the
International Court of Justice by one State against another State for protecting the
right to education of its citizens, as provided for under UNESCO’s Convention
against Discrimination in Education. 33 In this respect, the advisory opinion rendered
by the International Court of Justice in response to the U nited Nations General
Assembly resolution on what legal consequences arose from Israel’s construction of
a wall in the Occupied Palestinian Territory, considering the rules and principles of
international law, is a historic example in showing how the right to education can be
safeguarded by the world court. The International Court of Justice held that the
construction of the wall in Occupied Palestinian Territory is a violation of
international law and impedes the enjoyment of various human rights, including that
to education. 34
32
33
34
10
Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National
and International Levels, adopted by the United Nations General Assembly on 24 September 2012
(A/RES/67/1).
Yves Daudet and Kishore Singh, “The Right to Education: an Analysis of UNESCO’s Standardsetting Instruments”, UNESCO, Paris 2001, p. 41.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory
Opinion of the International Court of Justice, available: http://www.icjcij.org/docket/index.php?pr=71&p1=3&p2=1&case=131&p3=6 .
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents