A/HRC/23/35 B. Quasi-judicial mechanisms 36. Quasi-judicial mechanisms, such as ombudspersons, 35 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, 36 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. 37. Regional human rights bodies in Europe, Africa and the Americas have developed quasi-judicial mechanisms to enforce regional instruments. For example, the right to education is guaranteed within the Inter-American system by the InterAmerican Commission on Human Rights. The Protocol of San Salvador specifically allows individuals to bring petitions to the Commission for violations of the right to education. 37 Similarly, the African Commission on Human and Peoples’ Rights plays an important role in looking into complaints of violation of the right to education as provided for under African Charter on Human and People s’ Rights (article 17). After examining the reports, the European Committee of Social Rights takes decisions, known as “conclusions,” as to whether or not the situations in the countries concerned are in conformity with the European Social Charter. 38. Regional and national level quasi-judicial authorities may be empowered to undertake, on their own initiative, investigations to promote and protect the right to education, and initiate inquiries into alleged violations, for example through public hearings. 39. As the decisions of quasi-judicial bodies are not directly enforceable, their findings may be used as the basis for initiating procedures in national courts. The findings of national human rights institutions 38 and regional human rights quasi- 35 36 37 38 In Mauritius, for example the ombudsperson is entrusted with powers to investigate any type of educational discrimination. The Equality and Anti-Discrimination Ombudsman in Norway and the Equal Opportunities Ombudsman in Sweden are other noteworthy examples. The South African Human Rights Commission, for example, has a monitoring role in respect of all human rights, especially for the socio-economics rights, including the right to education. The decisions of the Commission are not legally binding, and could consequently be called “soft” enforcement mechanisms. See Protocol of San Salvador, art. 19(6), referring to the rights contained in art. 13. For instance, the National Commission for Protection of Child Rights in India may address complaints that come up before it, and also takes up cases suo moto, and makes recommendations to the national Government. The Commission may then approach the national courts for such directions, orders or writs as that the court may deem necessary. 11