A/HRC/23/35
regarding violations of the right to education. These can be a very powerf ul tool
because they broaden understanding of the level and depth of human rights
violations. 82 For claims based on systemic or collective discrimination, i ndicators can
show the inequality among groups, for example, dropout rates between girls and
boys, indicating gender discrimination in education.
73.
A recent publication by the Office of the High Commissioner for Human
Rights has pointed out that courts do use statistical information in adjudicating cases
of rights violations. 83 Structural, process as well as outcome indicators are useful to
determine what type of violation has occurred, and can enhance the justiciability of
the right to education by providing evidence to judicial and quasi-judicial bodies of
instances where States have violated their obligations in respect of education rights.
XI. Challenges facing justiciability
74.
The role of courts and adjudicatory mechanisms in further defining and
adjudicating the right to education is clear. However, significant challenges remain,
particularly for disadvantaged groups, to bring allegations of violations to court.
A.
Awareness of the right
75.
It is often difficult or impossible for disadvantaged groups to address claims
of non-discrimination, in part because they lack the knowledge and financial
resources to pursue legal remedies. Few people in any country are fully aware of the
protections they are entitled to under the right to education. Worse still, they are
unaware of what mechanisms exist for them to attempt to realize their rights.
Without reforms of the education system, and a public awareness campaign,
violations are most likely to occur against disadvantaged groups, which may result in
their continued marginalization without challenge.
B.
Legal barriers
76.
Where States have failed to include the right to education in their national
legislation, even those who can afford legal advice may not be able to find a lawyer
conversant in regional and international legal options and State obligations.
C.
Cultural barriers
77.
People from disadvantaged groups in particular may be reluctant to take
violations of their rights to quasi-judicial or judicial mechanisms, due to poor
language skills, fear of reprisals from offenders or State authorities, or due to
cultural constraints restricting the right of women to represent themselves in such
proceedings.
82
83
For a detailed analysis, see Sital Kalantry, et al., “Enhancing Enforcement of Economic, Social, and
Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR”, 32 Human
Rights Quarterly, pp. 253-310 (2010).
Human Rights Indicators, A Guide to Measurement and Implementation, 2012, p. 3, available at
http://www.ohchr.org/EN/Issues/Indicators/Pages/HRIndicatorsIndex.aspx.
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