A/HRC/23/35 judicial mechanisms. Law societies, civil society organizations and academic institutions can be invaluable partners in this regard. The importance of civil society (h) Children and adults who are primary beneficiaries of the right to education are often unaware of their rights. In many cases, parents, while motivated, may lack information or the financial resources to protect their right to education in courts. Civil society and media can play an important role in disseminating information regarding the right to education to parents, teachers and school administrators, and also in identifying and publicizing violations of the right to education. Preserving social interest in education vis-à-vis private providers of education (i) Legal recourse to enforce the enjoyment of the right to education involves individual or group claims for remedial measure against government and education authorities. But it also involves claims for remedies against private providers of education, and schools managed by the private sector, as case law in several countries shows. Private providers of education are more resourceful in seeking defence of their position. In litigation against them, governments should intervene as appropriate to defend the right to education and social interest in education, so that education is preserved as a public good and not allowed to become a mere commercial venture. Public interest litigation and accessing the right to education (j) Litigation promoting the right to education is in the public interest. Violations of the right to education may be voiced in the media, but they must also be subject to effective adjudication. For this reason, legal standing should be given the broadest possible interpretation, to allow not just affected children, but also their parents and other education stakeholders to bring complaints before judicial and quasi-judicial bodies. Poor and disadvantaged persons may be unwilling to pursue their rights, out of fear of reprisals, lack of financial resources, or unwillingness to challenge State authorities. Quasi-judicial institutions should be empowered to initiate investigations suo moto, and third parties, including non-governmental actors, should be able to initiate cases before courts and human rights institutions where the available evidence supports them. Legal aid (k) The United Nations Declaration on the Rule of Law, adopted by the General Assembly on 24 September 2012, emphasized that States should “promote access to justice for all, including legal aid”. To facilitate this, individuals or groups who have been denied the right to education and cannot afford to bring litigation should have access to free legal aid to support their claims. While reducing fees for all rights-based claims in courts to a minimum, States should ensure that applications before quasi-judicial mechanisms are free for complainants. Protection of the right to education of the poor should be central to poverty reduction strategies. Role of parliamentarians (l) Parliamentarians have an important role to play in fostering democratic perception of the justiciability of the right to education. Their primary role is to promote legislation which implements the right to education 22

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