A/HRC/44/39 reflect the principle of holding the best interests of the child as a primary consideration (art. 3 (1) of the Convention). This includes restrictions on a child’s right to education (art. 28).10 14. Resorting to the framework set out in general comment No. 13 (1999) on the right to education to assess challenges and priorities and to ensure that the most vulnerable are not left behind, is crucial. In accordance with that framework, 11 education must exhibit the following interrelated and essential features, all of which are of particular relevance in times of crisis: (a) Availability, which requires that functioning educational institutions, including sanitation facilities for both sexes and safe drinking water, be available, as well as trained teachers, teaching materials, computer facilities and information technology; (b) Accessibility, meaning that educational institutions and programmes have to be physically and economically accessible to everyone, without discrimination; (c) Acceptability, meaning that the form and substance of education, including its curricula and teaching methods, have to be acceptable (i.e., they must be relevant, culturally appropriate and of good quality) to students and, in appropriate cases, to parents; this is subject to the educational objectives set out in article 13 (1) of the International Covenant on Economic, Social and Cultural Rights and such minimum educational standards as may be approved by the State in accordance with article 13 (3)–(4) of that same Covenant; (d) Adaptability, which demands that education be flexible, so it can adapt to the needs of changing societies and communities and respond to the needs of students within their diverse social and cultural settings. 15. While understanding that many were caught by surprise by the closure of educational institutions and that it was necessary to urgently take action, the Special Rapporteur insists on the importance of abiding by this framework for the sake not only of equality and equity but also of efficiency. For example, distance learning must be implemented keeping in mind the framework in order to avoid widening rather than narrowing inequalities. Furthermore, the availability, accessibility, acceptability and adaptability framework demands close cooperation among institutions, teachers, families and communities to ensure that the needs of learners and their families are understood. This is at odds with certain authoritarian and top-down attitudes reinforced in times of crisis, as exemplified in many parts of the world. 16. There is an opportunity to “build back better” after the pandemic and to address past weaknesses. To do so, however, there must be an understanding of how policies and legal and regulatory frameworks that failed to sufficiently integrate a human rights-based approach may have exacerbated the negative impact of the pandemic on the right to education of the most vulnerable. 17. It appears necessary to reinforce and adjust these policies and legal and regulatory frameworks in order to face the next crisis, for example by: (a) Integrating the availability, accessibility, acceptability and adaptability framework at all levels of the education system, including at the level of schools. The framework is a powerful tool for addressing inequalities in the enjoyment of the right to inclusive quality education. It helps build a culture of human rights within education systems, as well as a culture of cooperation among all stakeholders, including parents and communities, as a solid foundation from which to address future crises in a timely and reactive manner; (b) Fully integrating the rights of children, for whom the right to education is of special importance and who should be considered as rights holders; (c) 10 11 6 Focusing on the most vulnerable as a matter of priority; Ibid. See also principle 14 of the Abidjan principles on the human rights obligations of States to provide public education and to regulate private involvement in education.