A/HRC/44/39 or vulnerable children or learners, including migrants and children in humanitarian contexts; (h) The deployment of online distance learning (together with radio and television), should only be seen as a temporary solution aimed at addressing a crisis. The digitization of education should never replace on-site schooling with teachers. Serious thought should be given to the place and content of digital education, its meaning and efficiency, and its impact on the health and education of children and other learners; (i) Distance learning tools must make use of high-quality content that is adapted to local contexts and, in particular, local languages, and must be introduced together with effective and ongoing training for teachers and learners. They should permit teachers and learners to provide their input, allow for pedagogical differentiation depending on the level and the capacities of learners and should also allow academic freedom and creativity. They should be designed to ensure the protection of data and privacy of learners and teachers. Distance learning tools should be safe and not expose children to risk or bullying; (j) Governments should consider the massive arrival of private actors through digital technology as a major danger for education systems and the right to education in the long term. They should ensure, including through the adoption of appropriate regulation, that the increased role of the private sector will not lead to the capture of limited public resources for education by commercial entities seeking to profit from the crisis, the collection of learners’ and teachers’ data or advertising directed at children and youth. Education and learning solutions should be developed as a public good, without commercial or other restrictive licences that threaten the enjoyment of the right to education and deepen inequalities; (k) States should give effect to their obligation under article 2 of the International Covenant on Economic, Social and Cultural Rights by devoting the maximum of their available resources to achieving progressively the full realization of economic, social and cultural rights, including the right to education. States must, therefore, enhance their efforts to mobilize domestic resources, especially through the adoption of progressive tax policies. The Special Rapporteur underscores in this regard the crucial importance of consolidating public education systems and of prioritizing the provision of free, public education of the highest attainable quality, in accordance with principle 34 of the Abidjan principles; (l) Taking into consideration the interdependence and indivisibility of human rights, as well as of the Sustainable Development Goals, the response to the crisis must be multidimensional and multisectoral and action must be taken in respect of the full continuum of essential social services, including education, health, housing, food and employment. Consequently, States should be careful not to redirect significant funding towards the health or economic sectors at the expense of education; (m) If, in exceptional circumstances, retrogressive measures are taken in relation to the right to education, States must ensure that any such measure is in accordance with applicable human rights law and standards. States that are providing international assistance and cooperation must not adopt, support or require impermissible retrogressive measures with regard to the right to public education; (n) States should further be supported with adequate aid for their public education systems as a means to ensuring that the crisis will not lead to the increased privatization and commercialization of education; (o) States should use their voting powers in international financial institutions to alleviate the financial burden on developing countries of combating the pandemic and, in this context, take measures such as granting these countries different mechanisms of debt relief, including debt cancelation; (p) Donors should meet their commitments to localization, ensuring that local and national organizations are funded to respond to the crisis and recognizing these organizations’ local expertise and their ability to reach marginalized populations; 19

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