A/HRC/23/35 58. This as well as available case law is helpful in safeguarding girls’ right to education. For instance, the Supreme Court of Colombia has upheld the pregnant girl’s right to education, nullifying any contrary regulation by school, 64 as has the Botswana Court of Appeals. 65 F. Financing of education 59. Human rights in general oblige States to provide resources to give effect to them. In his report to the General Assembly, the Special Rapporteur has examined State obligations regarding public financing of basic education and the importance of legal frameworks ensuring domestic financing of such education. 66 60. Jurisprudence has shown that courts can order governments to conduct cost studies on resources needed to be invested in educational institutes and review government proposals in light of the constitutional requirements. 67 61. For instance, providing equal funding to all schools was litigated in the Supreme Court of Kentucky. 68 Addressing a constitutional challenge to the school finance system, the State financing of education was held to be unconstitutional because it did not provide substantially equal funding among all schools in the State. 69 62. As a result of a series of decisions by the Supreme Court of Indonesia, the Government had to progressively increase the national budget for education in line with the constitutional provisions and the Law on National Education System (2003), which stipulates that the State shall provide 20 per cent of national and regional budgets for education. 70 G. Regulating private providers of education 63. The Special Rapporteur would like to emphasize the importance of recognizing education as a public good, and of preserving the public interest in education. The recognition of a general public interest in education implies that any entity or individual should be able to claim the right on behalf o f those who are 64 65 66 67 68 69 70 16 Case No. T-177814, Crisanto Arcangel Martinez Martinez y Maria Eglina Suarez Robayo v. Colegio Ciudad de Cali, 11 November 1998; See also Fons Coomans, “Justiciability of the Right to Education”, p. 437; “Rhetoric or Rights? When Culture and Religion Bar Girls’ Right to Education”, Virginia Journal of International Law. R. v. Tatu Shabani, Criminal Sessions Case No. 322 of 2003 (PC) (Unreported); See Fons Coomans, “Justiciability of the Right to Education” p. 437; See also , “Is the Right to Get Pregnant a Fundamental Right Human Right in Botswana?” (1995) 39 Journal of African Law 97, p. 99. A/66/269, 5 August 2011. Elizabeth Brundige, Sital Kalantry “Sandra Liebenberg, Socio-Economic Rights: Adjudication Under a Transformative Constitution” (book review), Human Rights Quarterly, Volume 34, Number 2, May 2012. Rose v. Council for Better Education, 790 S.W.2d 186 (Ky. 1989). Ibid., p. 216. Decision Number 13/PUU-VI/2008 Available at http://www.mahkamahkonstitusi.go.id/putusan/putusan_sidang_eng_13-PUU-VI2008%20_Eng_.pdf.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents