A/HRC/32/37
XVI. Recommendations
117. In the light of the above, and taking into consideration the challenges that
digital technologies pose to the right to education, the Special Rapporteur offers the
recommendations set out below.
State responsibility for protecting and safeguarding the right to education
118. While recognizing the importance of opportunities arising from the use of
information and communications technologies, States should not forget to look into
the downside of such use and the impact of the digital divide on the education system
and, in particular, on those who remain marginalized, on the future generation and on
society at large.
A rights-based approach to digital technologies
119. States should address issues of access, quality and equity in the use of digital
technology in education and ensure that students’ right to education is exercised in an
equitable manner and that it is fully respected. There is a great risk that technology
will widen inequalities in society if an equitable approach to its use is not adopted.
State obligations for respecting, protecting and fulfilling the right to education should
be a priority concern.
Bridging the digital divide
120. All States have the responsibility to achieve the right to education progressively
and to the maximum extent of their resources. Implementation strategies must take
into account the Sustainable Development Goals and the obligations on the right to
education. Disaggregated indicators and annual reports must indicate whether
investments are improving the education outcomes of students or creating unintended
negative outcomes that require remedial action.
Safeguarding education from the forces of privatization
121. The forces of privatization behind the spread of digital learning and education
creating a marketplace in education must be exposed through public debate so as to
prevent the commoditization of education. The corporate sector should not impinge
upon the function and autonomy of education.
122. Public authorities should ensure that the use of digital technologies is
considered as a means of education, not as a substitute for face- to-face education.
They should recognize that human contact in education is essential to the teaching and
learning process. Public authorities should also take the measures necessary to build
the capacity of teachers to use digital technologies while retaining freedom in their
pedagogic approaches. Teachers must have the competence and be free to adapt
digital technologies to local contexts, and the authority to rearrange online teaching
materials and methodologies to best serve the country’s education requirements.
Promoting open educational resources
123. States should implement the recommendations contained in the 2012 Paris
Open Educational Resources Declaration, recognizing their importance for
strengthening the use of such resources while at the same time reducing the cost of
education for the Government. High-quality textbooks, learning materials and online
courses are important in education and, by sharing their development costs and
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