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;
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