A/HRC/32/37
promoting high-quality open resources, the savings can be invested in teacher
training, school improvements and technology purchases.
Engaging Governments through the work of the United Nations human rights treaty
bodies and the United Nations agencies
124. Within the scope of their respective mandates, when considering the right to
education in their dialogue with States, the United Nations human rights treaty bodies
should look into the use of information and communications technologies and its
repercussions on the right to education. They should especially consider whether the
downside of using such technologies is kept in view and policies are in line with human
rights law and the internationally established framework for safeguarding the right to
education while addressing the digital divide.
125. In the context of the universal periodic review mechanism of the Human Rights
Council, critical attention should be given to digital technology and the right to
education in the dialogue with States. Governments should be encouraged to take the
measures necessary to safeguard the right to education, to maintain education as a
public good and to take action whenever the right to education is compromised as a
result of the application of digital technologies.
126. The obligation of States to provide inclusive, equitable, non-discriminatory
education of a high quality for all must be carefully preserved in any implementation
of digital technologies in education. The predominance of English in online education
negatively affects the provision of education in other languages.
127. In the context of its ongoing work on the development of a global convention on
the recognition of higher education qualifications, UNESCO could address the issue of
the awarding of fake degrees and certificates and consider becoming a repository of
all nationally recognized degrees and diplomas. UNESCO should also advise States to
implement a national-level system of legal action against the awarding of fake degrees
and diplomas and against fraudulent practices.
128. States should work towards creating an exception to copyright law, nationally
and internationally, that permits developing countries to make use of any information
or material for non-profit education purposes. Such an exemption would better
balance the public interest in promoting and improving education in developing
countries within the framework of a modernized international copyright framework.
To this end, UNESCO, in collaboration with the World Intellectual Property
Organization, should explore the possibility of creating an international open licensing
framework for education resources, in consultation with stakeholders.
Engaging with parliamentarians
129. Parliamentarians play a vital role in developing laws and policies that promote
the use of technology in the education sector. Legislation should explicitly protect the
right to education, including in procurement legislation and commercial laws.
Encouraging and supporting civil society and non-governmental organizations
130. Governments should encourage civil society and non-governmental
organizations to play a valuable role in engaging the public in debates on the impact
of digital technology on the right to education, giving full consideration to the
importance of access, quality and equity in education.
131. Civil society organizations and the intellectual community, as well as students,
parents and community associations, should expose the negative effects of digital
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