A/HRC/17/29 40. Equality of opportunity and equal access to education are guaranteed in the constitutions of many countries in all regions. Constitutional provisions are noteworthy in several countries in Africa,32 Asia,33 Europe34 and Latin America.35 41. Constitutional law in various countries reflects concepts such as equal and adequate opportunities, or equal and reasonable opportunities, equitable public education, equal access to education, or equal conditions and opportunities, equal right to receive education, among others. This provides fertile grounds for action at the national level in the form of legislation, but also policies and programmes that ensure better opportunities for all. 42. The need to “identify steps to strengthen and harmonize, where necessary, the legislative framework within which the right to education is guaranteed” was recognized at various stages of the EFA process.36 As a consequence, a large number of countries have also developed or modernized their national legislation. Such laws establish the right to basic education, and include provisions on non-discrimination and equality of opportunity in education. This further demonstrates the importance accorded to the equality of opportunity in education in national legal systems.37 Moreover, in some countries, the regulatory frameworks for private educational institutions have also been developed as part of national legal frameworks protecting equal opportunities in education. 38 43. Additionally, other countries have enacted laws specifically addressing the principles of non-discrimination and equality of opportunity in education. Examples include the Promotion of Equality and Prevention of Unfair Discrimination Act (2000) in South Africa; the Law on Equality of Rights and Opportunities, Participation and Citizenship of Persons with Disabilities (2005) in France; the Prohibition of Discrimination Act (2005) in Norway, which establishes the function of Ombudsman on Equality and Anti32 33 34 35 36 37 38 12 Provisions for: “equal and adequate opportunities” are present in the constitutions of Nigeria and Tanzania; “equal access to educational opportunities and facilities” in Liberia; “equal access to education” in Algeria and in Ivory Coast; and “equal opportunity to attain the highest educational standards” in Uganda. Provisions for: “promoting with special care the educational and economic interests of the weaker sections of the people” are contained in the constitution of India; “making quality education accessible to all” in the Philippines; “equal right to receive the fundamental education” in Thailand. Provisions for: “equal opportunity to receive educational services in accordance with their ability and special needs as well as the opportunity to develop themselves without being prevented by economic hardship” are in the constitution of Finland; “equality of opportunity in access to and success in schools” in Portugal; “equal access to education (instruction)” in France; and “the right to education for all” in Spain. Provisions for: “equal educational opportunities and access to education to all citizens to attain the highest level of education in accordance with their capacities” can be found in the constitution of Brazil; “equal opportunity to access higher education” in Ecuador; “equal opportunity to all citizens for schooling” in Suriname; “equal and free access to education for all Nicaraguans” in Nicaragua; “the right to learn and equal access and opportunities” in Paraguay; and “education with equal conditions and opportunities” in Venezuela. UNESCO, Seventh Meeting of the High-Level Group on Education for All, Dakar, Senegal, December 2007, Communiqué (ED/EFA/2007/ME/32). For example, Law on Education, Lithuania (2003, revised in 2006); Education Law, Liberia (2002); Education Law, Senegal (2004); Law on National Education System, Indonesia (2003); Compulsory Free Universal Basic Education Act, Nigeria (2004); Education Law, Brazil (1996, as amended in 2006); Education Law, China (1995); Right of Children to Free and Compulsory Education Act, India (2009); General Law on Education, Mexico (2003); National Education Law, Argentina (2006); Education Law, Cambodia (2007); Basic Education Law (1999), Thailand; Education Law, Afghanistan (2008); Technical and Vocational Education and Entrepreneurship Training (TVET) Act, Zambia (2005); Education Law, Benin (2003); Education (amendment) Act, Mauritius (2000). See UNESCO, Implementing the Right to Education: A compendium of practical examples, 2010.

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