A/HRC/17/29
deterioration in the quality of education that schools currently provide. The Special
Rapporteur intends to pay attention to the development and implementation of norms for
quality education - both for public and private schools - with a focus on improving the
conditions of the teaching profession and learning outcomes.
(e)
Regulating private education: Private, religious or community schools
comprise an important proportion of education systems around the world. With the limited
capacity of public systems in some countries, private schools become the dominant source
of education. The Special Rapporteur intends to examine standards and mechanisms that
ensure all non-public educational entities comply with standards of human rights law and
the objectives of human rights generally.
(f)
Management of schools and human rights standards: The realization of the
right to education involves the proper discharge of duties by public servants and private
providers. The Special Rapporteur will study the main obstacles to the respect of human
rights in the functioning and management of schools, and the standards and mechanisms
that ensure that educational entities comply with human rights principles.
(g)
Freedom from violence and the right to education: If schools play a central
role in the prevention of violence and the promotion of a culture of peace, it is also true that
violence can often take place in the school context with serious consequences for the
enjoyment of the right to education. The Rapporteur intends to address the emerging
concern of violence in schools in close collaboration with the Special Representative of the
Secretary-General on violence against children.
III.
Equality of opportunity in education – an overarching
principle
8.
Despite the almost universal recognition of State obligations to provide universal
primary education and fair access to secondary and higher education through all appropriate
means, education is not fully accessible for many people around the world. The Special
Rapporteur decided to dedicate his first thematic report to the promotion of equality of
opportunity in education, considering its universal importance for the realization of the
right to education. Developing countries face particularly acute challenges with regard to
great social and economic inequalities, but developed countries also encounter challenges
when attempting to ensure equal educational opportunities for all. Concerns relating to
equality of opportunity in education are understood as relating both to guaranteeing equal
opportunities in access to different levels of education as established by human rights
norms, as well as equal opportunities to evolve within education systems.
9.
The right to education is set out in article 26 of the Universal Declaration of Human
Rights, and is comprehensively elaborated in article 13 of the International Covenant on
Economic, Social and Cultural Rights and in articles 28 and 29 of the Convention on the
Rights of the Child. As highlighted below, a number of other human rights treaties also
expand on the right to education.3
10.
Free and compulsory primary education is an inalienable right of every child, and a
core obligation of States under international human rights treaties. The Education for All
3
The right to education is also guaranteed by article 5 of the International Convention on the
Elimination of All Forms of Racial Discrimination, articles 10, 11 and 13 of the Convention on the
Elimination Of All Forms Of Discrimination against Women, articles 30, 43 and 45 of the
Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,
and article 24 of the Convention on the Rights of Persons with Disabilities.
5
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