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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents