A/HRC/23/35
I. Introduction
1.
This report is presented pursuant to Human Rights Council resolutions 8/4 and
17/3 and to the Special Rapporteur’s initial report (A/HRC/17/29 and Corr.1) , in
which he identified justiciability of the right to education as one of the issues to be
examined during his mandate. The Special Rapporteur examines questions related to
enforcement of the right to education and highlights the available jurisprudence at
the national, regional and international levels. The report focuses on some key
dimensions of the right to education. In conclusion, the Special Rapporteur offers
recommendations for making the justiciability of the right to education and its
enforcement more effective.
2.
The enjoyment of the right to education is often least accessible to those who
need it most – disadvantaged and marginalized groups and, above all, children from
poor families. It therefore requires enforcement in case of its breaches or violations.
These can occur on numerous grounds, and involve all providers of education. Even
primary education is not provided worldwide, despite being a core obligation of
States. The right to education also encompasses secondary and tertiary education,
which must be progressively implemented where immediate rea lization is not
possible. Fundamental principles of non-discrimination and equality of opportunity
in education must be respected under all circumstances, and education provided must
be of good quality. All providers of education – public or private – remain
accountable for respecting the right to education in its various dimensions.
3.
As such, the Special Rapporteur would like to underline the important role
that adjudication plays in the effective realization of the right to education, and in
ensuring that it is given effect to. He considers it vital to improve access to justice
for all those whose right to education is not fully protected and respected.
II. Activities of the Special Rapporteur
4.
During the reporting period, the Special Rapporteur unde rtook missions to
Tunisia and Ecuador. He also reported to the sixty-seventh session of the General
Assembly (A/67/310). His report addressed the issue of technical and vocational
education and training from a right to education perspective. It detailed hu man rights
obligations underlying the right to education and the provision of technical and
vocational education and training, primarily at the secondary level.
5.
The Special Rapporteur participated in a number of public events on education
and continued collaborating with States, international organizations and non governmental organizations (NGOs).
6.
In March 2012, he delivered the Foundation Day Lecture in the Foundation
Day function of the National Commission for Protection of the Child Rights, in N ew
Delhi, India. In the same week, he participated as a speaker in a consultation on right
to quality in education, organized by the Right to Education Forum in New Delhi.
7.
In May, the Special Rapporteur participated in the Third International
Congress on Technical and Vocational Education and Training in Shanghai, China,
and was moderator of the session on new developments regarding international
instruments and normative action on technical and vocational education. He gave a
speech at a side-meeting on “Beyond 2015: Perspectives from the role of TVET and
skills development in the international development agenda”. At the end of May, he
delivered a keynote speech at the opening session of the “Fourth International Policy
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