The Strategic Litigation Working Group (SLWG) has launched a discussion paper with eight key proposals regarding the follow-up on views issued by United Nations human rights treaty bodies (UNTBs). ESCR-Net’s SLWG recognises the significance of decisions issued by UNTBs under the complaints procedures (Views) in the advancement of human rights enjoyment by people around the world, and welcomes the past action and willingness of the UNTBs to continue developing constructive practices regarding the impact and implementation of such Views.

Three principles underpin the SLWG’s proposals: the principle of non-repetition (consistently applied by the HRC in its views and by the CESCR in its General Comments); the principle of reasonableness (developed by the CESCR through its General Comments and 2007 Statement on Maximum Availability of Resources, and made explicit in the OP-ICESCR); and the principle of participation (recognised under a number of UN human rights treaties). Taking into account the practice of different international and regional human rights bodies, the SLWG proposes that the three principles should be applied during the consideration of a case, follow up and implementation, in order to maximise the effectiveness of human rights remedies.

While many authorities can tolerate some traditional campaigning methods, it is usually harder to ignore the law. As part of broader campaigns, the law can be a powerful tool for achieving the changes that children need. Legal advocacy is now being used systematically in a few countries – leading to strong outcomes for children – and it has great potential for wider use.

There are many occasions for legal advocacy. International law sets out the principles and standards that states are obliged to meet but frequently do not, and so their domestic law violates children’s rights. Often, a state meets a standard in domestic legislation but its policy fails to implement the law. Sometimes, it is unclear what a law means in practice, or the meaning is clear but no one knows whether it is being implemented. These various gaps between international legal standards, domestic law and state policy (or corporate policy) present potential opportunities for legal advocacy.

There are also many avenues for legal advocacy. It is a broad term, not limited to taking rights violators to court. Many small-scale legal activities can enhance traditional campaigning, such as reporting on the implementation of a law, or raising awareness of what the law says. Sometimes, simply documenting and publicising the gaps between law and practice is enough to persuade decision-makers to act. But only sometimes. Towards the other end of the spectrum is work that demands more time and resources, including taking a government or corporation to court in order to bring broader social change. A successful case might improve the legal standards that apply to children, or lead to a major policy change of long-term benefit to children.

This introductory guide offers a brief overview of avenues for legal advocacy. It also offers guidance on how to explore your options, and how to promote legal advocacy work with other children’s rights advocates.

In South Africa, SECTION27 has used rights-based strategies, including litigation, to hold the state accountable for not ensuring the procurement and delivery of textbooks to schools across Limpopo, a poor rural area of the country.

For the past 18 months, a number of international, national and local organisations have been working together to research and assess the effects of the growth of private education from a human rights perspective in 8 countries. This work, led by the Global Initiative on Economic Social and Cultural Rights (GI-ESCR) in Partnership with the Privatisation in Education Research Initiative (PERI) and the Right to Education Initiative (RTE), has produced an effective methodology that civil society can use to tackle privatisation in their countries.

This work has been conducted in Morocco, Ghana, Uganda, Kenya, Brazil, Chile and Nepal. In the UK, organisations have examined the impact of development aid to support to private education in developing countries.

This strategy has been very successful in producing statements and recommendations from key UN human rights bodies. The work has also contributed to reports by the Special Rapporteur on the right to education to the UN General Assembly and the Human Rights Council on the impact of private actors on the right to education. Advocacy at the international level has fuelled national advocacy and dialogue with governments, private actors and other stakeholders on this issue.

There is a unique opportunity for civil society to tackle complex issues of privatisation in education by using this framework. The methodology can easily be replicated by your coalition, even if you have no experience using human rights mechanisms. This 3-part series explains this work in more detail and how your coalition can get involved. The documents are designed as an introduction. 

Part 2 on How to use Human Rights Mechanisms is available, here.

Part 3 Case-Studies on Parallel Reporting to Tackle Privatisiation in Education is available, here.

FRANCAIS

For the past 18 months, a number of international, national and local organisations have been working together to research and assess the effects of the growth of private education from a human rights perspective in 8 countries. This work, led by the Global Initiative on Economic Social and Cultural Rights (GI-ESCR) in Partnership with the Privatisation in Education Research Initiative (PERI) and the Right to Education Initiative (RTE), has produced an effective methodology that civil society can use to tackle privatisation in their countries.

This work has been conducted in Morocco, Ghana, Uganda, Kenya, Brazil, Chile and Nepal. In the UK, organisations have examined the impact of development aid to support to private education in developing countries.

This strategy has been very successful in producing statements and recommendations from key UN human rights bodies. The work has also contributed to reports by the Special Rapporteur on the right to education to the UN General Assembly and the Human Rights Council on the impact of private actors on the right to education. Advocacy at the international level has fuelled national advocacy and dialogue with governments, private actors and other stakeholders on this issue.

There is a unique opportunity for civil society to tackle complex issues of privatisation in education by using this framework. The methodology can easily be replicated by your coalition, even if you have no experience using human rights mechanisms. This 3-part series explains this work in more detail and how your coalition can get involved. The documents are designed as an introduction. 

Part 1 on Private Actors in Education & Human Rights: A Practical Methodology to Tackle the Negative Effects of Privatisation in Education on the Right to Education is available, here.

Part 3 Case-Studies on Parallel Reporting to Tackle Privatisation in Education is available, here.

FRANCAIS

For the past 18 months, a number of international, national and local organisations have been working together to research and assess the effects of the growth of private education from a human rights perspective in 8 countries. This work, led by the Global Initiative on Economic Social and Cultural Rights (GI-ESCR) in Partnership with the Privatisation in Education Research Initiative (PERI) and the Right to Education Initiative (RTE), has produced an effective methodology that civil society can use to tackle privatisation in their countries.

This work has been conducted in Morocco, Ghana, Uganda, Kenya, Brazil, Chile and Nepal. In the UK, organisations have examined the impact of development aid to support to private education in developing countries.

This strategy has been very successful in producing statements and recommendations from key UN human rights bodies. The work has also contributed to reports by the Special Rapporteur on the right to education to the UN General Assembly and the Human Rights Council on the impact of private actors on the right to education. Advocacy at the international level has fuelled national advocacy and dialogue with governments, private actors and other stakeholders on this issue.

There is a unique opportunity for civil society to tackle complex issues of privatisation in education by using this framework. The methodology can easily be replicated by your coalition, even if you have no experience using human rights mechanisms. This 3-part series explains this work in more detail and how your coalition can get involved. The documents are designed as an introduction. 

Part 1 on Private Actors in Education & Human Rights: A Practical Methodology to Tackle the Negative Effects of Privatisation in Education on the Right to Education is available, here

Part 2 on How to Use Human Rights Mechanisms is available, here.

FRANCAIS

 

Parallel Report submitted by the National Campaign for Education-Nepal, the Global Initiative for Economic, Social and Cultural Rights, the Sciences Po law school Clinic, and partners, on the occasion of the Universal Periodic Review (UPR) of Nepal during the 23rd session of the UPR Working Group.

This report shows that the current organisation of education system in Nepal, in particular a high level of unregulated private involvement in education, is creating and entrenching segregation in education. Such segregation in itself constitutes a human rights violation and need to be ended. It is also the source of additional other human rights abuses, including discrimination on the grounds of socio-economic background, gender and race, the limitation of the right to free quality education, and the lowering of education quality. This situation is extremely problematic due to the immediate human rights violations it is causing, but also because the injustices it generates contribute to threatening the fragile social cohesion and peace that exist in Nepal.

This practical toolkit on the right to education was published by Amnesty International in collaboration with the Right to Education Initiative.  It is part of the Haki Zetu handbook series on economic, social and cultural rights, developed by the Special Programme on Africa of Amnesty International Netherlands.

It contains sections on understanding the right to education and on taking action, with a particular focus on Africa – providing concrete examples at national and regional levels and reference to relevant laws and policies.  It is to be used in conjunction with the Main Book of the series, which provides general information on ESC rights. 

Both the Main Book and the practical toolkit on the Right to Education have been developed for local civil society organisations working with local communities to realise the right to education.  The tool seeks to assist community workers to better study laws and policies and promote the monitoring of the right to education.

Key resource

France’s investment in the education multinational Bridge International Academies (BIA) has raised serious concerns regarding the extraterritorial obligations (ETOs) of France, in relation to the rights set out in the International Covenant on Economic, Social and Cultural Rights (ICESCR), particularly, the right to education.

Alternative report submitted in March 2020 by 13 civil society organisations, including the Right to Education Initiative, to the UN Committee on Economic, Social and Cultural Rights at the occasion of the review by the independent experts of the Committee of the implemention by France of its human rights obligations, as definied under the ICESCR.

Français

Aimed at actively engaging parents, children, teachers, unions, communities and local civil society organisations in collectively monitoring and improving the quality of public education PRS offers a set of practical tools that can be used as a basis for mobilisation, advocacy and campaigning. The pack provides four key resources:

1) A charter of 10 rights which, when fulfilled, will enable all children to complete a good quality education;

2) A participatory methodology for: using the charter; collecting, analysing and using data; and consolidating information into ‘citizens reports’ that could be used for the development of Action Plans or to encourage discussions and reviews at local, district and national levels;

3) A series of education- and rights-based indicators organised in a survey format to enable users to capture information in a systematic manner;

4) A compilation of key international human rights references providing the foundations and legitimacy of the charter and reports

PRS builds on education and human rights frameworks to describe an ideal school that offers quality education. Its methodology supports links between programme work at the school level and advocacy and policy efforts in national and international forums. The process is as important as the outcome: it is only through engaging all stakeholders in the process - from developing the charter to collecting and analysing the data and debating the findings - that we will promote greater awareness of what needs to change and how.

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