A/HRC/23/35
11.
In March, the Special Rapporteur attended the High-Level Panel on
Mainstreaming Human Rights, with a focus on the areas of the right to education,
organized by the Human Rights Council. He made the opening remarks at the side
event on Education for Global Citizenship – follow-up to the United Nations
Secretary-General’s Initiative – Education First, organized on 11 March by OIDEL in
Geneva. He was the keynote speaker at the side event on vocational education,
organized in Geneva on 12 March by the Apprentissage sans Frontières.
12.
In April, the Special Rapporteur participated in the International Academic
Seminar “Justice for Quality Education – Quality Education for Democracy”, and
gave the opening address. Organized by the São Paulo School of Judges and the
Faculty of Law, University of São Paulo and other partners, the Seminar brought
together experts and scholars, judges, lawyers, Government officials and civil
society partners. On this occasion, the publication “Justice for the Quality of
Education” was released. The Special Rapporteur gave the closing address to the
International Seminar, which provided insights into the ways in which the
justiciability of the right to education and enforcement could be strengthened.
III. Justiciability of the right to education and the role of
adjudication
13.
The legal protection of the right to education has its foundation in national,
regional and international legislation and standards, and the State obligations that
these laws lay down. Government policies and provisions of education – both public
and private – are subject to review and determination by judicial and quasi-judicial
bodies. The role of adjudication is to ensure that the right to education as an
internationally recognized right as established by numerous treaties and legislation is
respected, protected and fulfilled. Its most basic tenets, free and compulsory primary
education for all, the progressive realization of secondary and tertiary education, and
the immediate non-discrimination in their application, are universally recognized.
IV. The legal framework of the right to education
14.
The right to education is provided for in international, regional and national
legal frameworks.
A.
International legal instruments
15.
A number of international human rights conventions establish the right to
education. This right is covered comprehensively in UNESCO’s Convention against
Discrimination in Education (1960) and in articles 13 and 14 of the International
Covenant on Economic, Social and Cultural Rights (1966) . 1 Several other human
rights conventions recognize the right to education for specific groups of individuals.
These include (a) the Convention on the Rights of the Child, articles 28–30; (b) the
1
For an account of travaux preparatoires of the International Covenant on Economic, Social and
Cultural Rights and State obligations including the right to education, see Philip Alston and Gerard
Quinn , “The Nature and Scope of States Parties' Obligations under the International Covenant on
Economic, Social and Cultural Rights”. Human Rights Quarterly. Vol. 9, No. 2 (May 1987), pp. 156–
229.
5
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