A/HRC/11/8
page 4
I. INTRODUCTION
1.
The present report is submitted pursuant to Human Rights Council resolution 8/4. Since
presenting his previous report to the Council, the Special Rapporteur has undertaken a mission to
Guatemala (A/HRC/11/8/Add.3). He has also had working meetings with Governments,
United Nations and other multilateral agencies, teachers’ unions, non-governmental
organizations, universities, students, children and adolescents and national human rights
institutions in nearly every region of the world. The Special Rapporteur also presented a report to
the General Assembly at its sixty-third session (A/63/292) and, among others, participated in a
day of general discussion organized by the Committee on the Rights of the Child on the theme
“Education in emergencies” and was invited to address the International Conference on
Education on the theme of “Inclusive education”.
2.
Upon his appointment, the Special Rapporteur decided to focus his attention on groups
traditionally marginalized and vulnerable to discrimination in education. He has sought to
establish the causes and circumstances surrounding such discrimination and the challenges that
must be faced in order to promote the realization of their right to education.
3.
People in detention constitute one such highly marginalized group that faces endemic
violations of its right to education. In the present report, the Special Rapporteur demonstrates
clearly an urgent need to redouble efforts to respect, protect and fulfil that right.1 For the
purposes of the report, the Special Rapporteur will focus on persons serving a sentence and/or on
pretrial, in prisons and other forms of correctional facilities and in closed facilities for
asylum-seekers.
4.
Learning in prison through educational programmes is generally considered a tool of
change, its value judged by its impact on recidivism, reintegration and, more specifically,
employment outcomes upon release. Education is, however, much more than a tool for change.2
It is an imperative in its own right. Prisoners face significant and complex educational challenges
owing to a range of environmental, social, organizational and individual factors. These factors
and the challenges they present are not insurmountable.
II. BACKGROUND
5.
Profound global, social, political and economic changes have had an impact on all penal
systems. Although these systems vary, reflecting for instance specific State characteristics,
languages, cultures, peoples, philosophies and political institutions, they demonstrate similar yet
unique traits. Although the Special Rapporteur does not claim to offer a theoretical analysis of
1
The Special Rapporteur would like to thank Sarah Green and Maria-Angelica Sepulveda as
well as the staff of the Office of the United Nations High Commissioner for Human Rights
supporting his mandate for their assistance in the preparation of the present report.
2
E/CN.4/2005/50, paras. 43-46.
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