A/HRC/23/35 rights.” 27 Fundamental rights in India constitute “basic and essential feature” of the Constitution, and any citizen can directly approach the Supreme Court of India in cases of breach or violation. The Brazilian Association of Judges, Prosecutors and Public Defenders for Children and Youth also has a strong commitment to human rights, in particular the right to quality education and its enforcement. 28 VI. Justiciability and enforcement of the right to education 27. “The essential element [of a right] is the legal power bestowed upon the [individual] by the legal order to bring about, by a law suit, the execution of a sanction as a reaction against the non-fulfilment of the obligation.” 29 Since the right to education is an internationally recognized right, any or all of its dimensions are justiciable. “A matter is considered to be justiciable if it can be properly brought before a court and is capable of being disposed judicially.” 30 In case of its denial or violation, a citizen must be able to have legal recourse before the law courts on the basis of international legal obligations as well as existing constitutional or legislative provisions on the right to education. Decisions by courts across regions demonstrate how they have upheld the right to education in its various dimensions. 28. Even when not explicitly identified in the constitution, the right to education can be considered as an essential component for the enjoyment of other rights. In an historic decision, the Supreme Court of India ruled that the right to education (even when not provided for in India’s Constitution as such) was an integral part of the right to life, 31 and therefore, enforceable. Pursuant to this and other Supreme Court decisions, the Constitution of India was amended, establishing the right of children aged 6–14 to free and compulsory education. VII. Judicial and quasi-judicial mechanisms for the enforcement of the right to education 29. The right to education can be enforced through a wide variety of judicial and quasi-judicial mechanisms. 30. Judicial mechanisms such as national, regional and international courts are of key importance to adjudicate claims based on national or international law. Their judgements have proven crucial in defining the specific entitlements available to citizens under national and international law. Quasi-judicial mechanisms such as local administrative bodies, national human rights institutions, such as ombudspersons or human rights commissions, and international human rights 27 28 29 30 31 In one of the few instances to deal directly with whether education policies are justiciable, the Community Court of Justice of the Economic Community of West African States held that, under the African Charter on Human and People’s Rights, the right to education is fully justiciable. SERAP v. Federal Republic of Nigeria and Universal Basic Education Commission, (oral ruling of 27th October 2009), ECW/CCJ/APP/08/08. This is demonstrated in the publication “Justice for the Quality of Education” (Editora Saraiva S.A. 2013), which is a collective reflection of educators and law professionals committed to protecting and promoting the right to quality education for all. Cited by Philip Alston and Gerard Quinn “The Nature and Scope of States Parties’ Obligations under the International Covenant on Economic, Social and Cultural Rights”, op. cit., p. 169. Black's Law Dictionary (9th ed. 2009). Unni Krishnan, J.P. v. State of A.P. (1993 I. SCC 645). 9