A/HRC/23/35
58.
This as well as available case law is helpful in safeguarding girls’ right to
education. For instance, the Supreme Court of Colombia has upheld the pregnant
girl’s right to education, nullifying any contrary regulation by school, 64 as has the
Botswana Court of Appeals. 65
F.
Financing of education
59.
Human rights in general oblige States to provide resources to give effect to
them. In his report to the General Assembly, the Special Rapporteur has examined
State obligations regarding public financing of basic education and the importance of
legal frameworks ensuring domestic financing of such education. 66
60.
Jurisprudence has shown that courts can order governments to conduct cost
studies on resources needed to be invested in educational institutes and review
government proposals in light of the constitutional requirements. 67
61.
For instance, providing equal funding to all schools was litigated in the
Supreme Court of Kentucky. 68 Addressing a constitutional challenge to the school
finance system, the State financing of education was held to be unconstitutional
because it did not provide substantially equal funding among all schools in the
State. 69
62.
As a result of a series of decisions by the Supreme Court of Indonesia, the
Government had to progressively increase the national budget for education in line
with the constitutional provisions and the Law on National Education System (2003),
which stipulates that the State shall provide 20 per cent of national and regional
budgets for education. 70
G.
Regulating private providers of education
63.
The Special Rapporteur would like to emphasize the importance of
recognizing education as a public good, and of preserving the public interest in
education. The recognition of a general public interest in education implies that any
entity or individual should be able to claim the right on behalf o f those who are
64
65
66
67
68
69
70
16
Case No. T-177814, Crisanto Arcangel Martinez Martinez y Maria Eglina Suarez Robayo v. Colegio
Ciudad de Cali, 11 November 1998; See also Fons Coomans, “Justiciability of the Right to
Education”, p. 437; “Rhetoric or Rights? When Culture and Religion Bar Girls’ Right to Education”,
Virginia Journal of International Law.
R. v. Tatu Shabani, Criminal Sessions Case No. 322 of 2003 (PC) (Unreported); See Fons Coomans,
“Justiciability of the Right to Education” p. 437; See also , “Is the Right to Get Pregnant a
Fundamental Right Human Right in Botswana?” (1995) 39 Journal of African Law 97, p. 99.
A/66/269, 5 August 2011.
Elizabeth Brundige, Sital Kalantry “Sandra Liebenberg, Socio-Economic Rights: Adjudication Under
a Transformative Constitution” (book review), Human Rights Quarterly, Volume 34, Number 2, May
2012.
Rose v. Council for Better Education, 790 S.W.2d 186 (Ky. 1989).
Ibid., p. 216.
Decision Number 13/PUU-VI/2008 Available at
http://www.mahkamahkonstitusi.go.id/putusan/putusan_sidang_eng_13-PUU-VI2008%20_Eng_.pdf.
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