This paper intends to demonstrate the International Monetary Fund’s (IMF) role in constraining countries from increasing public expenditure in education to meet the Education For All (EFA) goals and the education-related Millennium Development Goals (MDGs). The findings are based on research and country case studies undertaken by ActionAid International offices in Guatemala, Bangladesh, India, Cameroon, Ethiopia, Kenya, Nigeria and Sierra Leone during 2004-05. These findings are complemented by similar research by the Global Campaign for Education GCE.

 

 

This comparative report reviews and analyses a range of selected educational issues in Association of Southeast Asian Nations (ASEAN)+6 countries, which include 10 ASEAN member countries plus Australia, China, India, Japan, New Zealand, and the Republic of Korea. In particular, it highlights the key issues, challenges and opportunities for improving system performance and reducing educational disparities across ASEAN+6 countries. It thus provides useful inputs for informing policy options for education development in these and other countries. The issues reviewed are grouped into three policy areas: 1) sector policy and management frameworks, 2) secondary education, and 3) technical and vocational education and training (TVET), all of which are of critical importance in the context of formulating and operationalizing education reform agendas in these countries. The reports informs about legislative and policy frameworks. The report focuses on quality, teachers and financing.

In 2009, India enacted the Right of Children to Free and Compulsory Education Act, which provides for free and compulsory education to all children aged 6 to 14. However, the evidence presented in this report indicates that despite the 3 year deadline to implement the key provisions of the Act, it has yet to be adequately implemented.

This lack of implementation, enforcement and monitoring particularly affects children from marginalised groups, such as children with disabilities, girls, and Da lits. Children from these groups are excluded and discriminated against, affecting access, participation, retention, achievement, and completion of elementary education.

This report examines the obstacles preventing certain children from attending school and the government’s failure to take the steps necessary to address the problem.

On 12 June 2014, during the June Session of the Human Rights Council, the Portuguese Mission, together with Privatisation in Education Research Initiative (PERI) and the Global Initiative for Economic, Social and Cultural Rights (GI-ESCR), convened a side-event on privatisation and its impact on the right to education at Palais des Nations in Geneva. In this podcast, Anjela Taneja, from the Global Campaign for Education, shares the Indian case.

In this case, a resident of Uttar Pradesh state challenged a notification issued by the Karnataka government that permitted private medical colleges to charge higher fees to students who were not allocated 'government seats'. The Supreme Court of India held that the charging of a ‘capitation fee’ by the private educational institutions violated the right to education, as implied from the right to life and human dignity, and the right to equal protection of the law. In the absence of an express constitutional right, the Court interpreted a right to education as a necessary condition for fulfilment of the right to life under Article 21 of the Indian Constitution. In addition, the Court held that private institutions, acting as agents of the State, have a duty to ensure equal access to, and non-discrimination the delivery of, higher education.

In response to a petition filed by an Indian charity, the Supreme Court of India directed the governments of all States and Union Territories to ensure that all schools, whether private or state-run, provide proper toilet facilities, drinking water, sufficient classrooms and capable teaching staff. The court held that, under the Right of Children to Free and Compulsory Education Act (2009) and the Indian Constitution, central, state and local governments have an obligation to ensure that all schools, both public and private, have adequate infrastructure. Adequate infrastructure includes safe drinking water, toilet facilities for boys and girls, sufficient class rooms and the appointment of teaching and non-teaching staff.

In this decision, the Supreme Court of India upheld the constitutionality of section 12 of the Right of Children to Free and Compulsory Education Act (RTE Act), which requires all schools, both state-funded and private, to accept 25% intake of children from disadvantaged groups. However, the Court held that the RTE Act could not require private, minority schools to satisfy a 25% quota, as this would constitute a violation of the right of minority groups to establish private schools under the Indian Constitution. This case affirms that the authority of the State to fulfil its obligations under the right to education can be extended to private, non-State actors. Because the State has the authority to determine the manner in which it discharge this obligation, it can elect to impose statutory obligations on private schools so long as the requirements are in the public interest.

In this decision, the Supreme Court of India interpreted the right to education to include the right to the provision of a safe environment in schools, and imposed an obligation on schools to comply with certain fire safety precautions which were detailed in the judgment.

‘This study is about the impacts of strategic litigation on equal access to quality education in Brazil, India, and South Africa. It is intended to look beyond strategic litigation solely as a means to ensure equal access to education, and to examine the use and effectiveness of strategic litigation in advancing education quality once access is won. This study is the second in a series of four thematic studies undertaken by the Open Society Justice Initiative and independent experts in 2014-2016 to interrogate the impacts of strategic litigation as a catalyst for social change.’

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