A/HRC/17/29 levels as priorities as these are major obstacles to the implementation of inclusive education policies and strategies.” 7 16. Recent EFA Global Monitoring Reports highlight that the enjoyment of the right to education is severely limited by the phenomena of marginalization and exclusion. In 2009, the report stated that “progress towards the EFA goals is being undermined by a failure of governments to tackle persistent inequalities” based on income, gender, location and ethnicity, language etc.8 In the subsequent year, the report focused on the issue of marginalization, and like its predecessor, indicated that “Governments are failing to address the root causes of marginalization in education”9 and showed how mutually reinforcing layers of disadvantage create extreme and persistent deprivation that undermine equal opportunities in education.10 17. A recent progress review of the Millennium Development Goals by UNICEF11 focuses on the question of equity. The importance of equity in education should be recognized not only as regards the goals of universalizing basic education, but also with respect to “access to higher education for members of some special target groups, such as indigenous peoples, cultural and linguistic minorities, disadvantaged groups, peoples living under occupation and those who suffer from disabilities.”12 While equity in education is a worthy goal in itself, equity-enhancing policies and practices, particularly education as investment in human capital, can, in the long run, boost economic growth and help reduce poverty.13 18. Ensuring equal opportunities in education is also a key concern at the regional level. The Conference of Ministers of Education of the African Union has continued to reiterate the need to increase access to education, improve quality and relevance, and ensure equity. This is the underlying thrust of the Second Decade of Education for Africa (2006-2015), and the Framework for Action, adopted by African Ministers of Education. 19. Reports indicate that the EFA agenda is falling behind, and the prospects of achieving Millennium Development Goals 2 and 3 on universal primary education and gender equality, respectively, are also bleak. The target of universal primary education is unlikely to be achieved by 2015. Inequalities, stigmatization and discrimination linked to economic status, gender, ethnicity, language, location and disability are also holding back progress. Social and economic status and sex appear as major factors of marginalization in education, with girls and those living in poverty being the most affected. “Poverty and gender inequalities magnify other disadvantages, and close doors to education opportunity for millions of children.”14 20. In the face of all these challenges, it is important to examine State obligations under international human rights law relating to equality of opportunity in education, underlining 7 8 9 10 11 12 13 14 International Bureau of Education, “Inclusive Education: the Way of the Future: Conclusions and Recommendations of the 48th session of the International Conference on Education,” 28 November 2008 (ED/BIE/CONFINTED 48/5). UNESCO, EFA Global Monitoring Report 2009: Overcoming Inequality: Why Governance matters, Summary, pp. 4, 7 and 39). UNESCO, EFA Global Monitoring Report 2010, Summary, p. 22. The Report highlights the data on exclusion in 80 countries. UNESCO, EFA Global Monitoring Report 2010, p. 137. UNICEF, Progress for Children: Achieving the MDGs with Equity, September 2010. See UNESCO, “World Declaration on Higher Education in the Twenty-first Century: Vision and Action,” 9 October 1998, Article 3: Equity of Access. See also World Bank, World Development Report 2006: Equity and Development. UNESCO, EFA Global Monitoring Report 2010, Summary, p. 22. 7