The Joint Expert Group UNESCO (CR)/ECOSOC (CESCR) on Monitoring of the Right to Education in its Second Meeting in May 2004 stated that both the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention against Discrimination in Education (CADE) needed to be carefully examined in a comparative perspective. This should be guided by the General Comments and the Revised Guidelines of CESCR used for monitoring work and the new guidelines for monitoring the implementation of CADE. The Joint Expert Group noted that 83 States are parties to both the CADE and the ICESCR. There is thus the risk of overlaps in the work of the Committees (CESCR and CR) as well as of the States parties’ reports. It was therefore suggested that a document, “which brings out the common features as well as differences in CADE and ICESCR along with a chart of equivalent provisions and the States which are parties to both CADE and ICESCR” be prepared. The present document on the comparative analysis of Articles 13 and 14 of the Covenant and the Convention has accordingly been elaborated.

Parallel Report submitted by the National Campaign for Education-Nepal, the Nepal National Teachers Association (NNTA), the Global Initiative for Economic, Social and Cultural Rights, and other partners, including the Right to Education Project, on the occasion of the examination of the report of Nepal during the 72nd session of the UN Committee on the Rights of the Child. 

The report shows that the growth of unregulated private education in Nepal supported by the State, is creating and entrenching segregation in education, threatens access to education for girls and children from socioeconomically disadvantaged backgrounds and is a cause of discrimination with regards to access to quality education. As pointed out recently by the UN Committee on the Rights of the Child (CRC), such segregation in itself constitutes a human rights violation and must be ended.2 Segregation is also the source of other human rights abuses, including discrimination on the grounds of socio-economic background, gender and caste, a limitation on the right to free quality education, and the lowering of education quality. This situation is extremely problematic because of the injustices it generates which threaten the fragile social cohesion and peace that exist in Nepal. If the situation remains the same, experience shows that the education system is bound to generate instability and protests in an already unstable country that is slowly trying to recover from conflict and humanitarian disaster.

In this present report, the Special Rapporteur considers ways in which the right to education contributes to the prevention of atrocity crimes and mass or grave human rights violations. Stressing that education has a key role to play at all stages of prevention, the Special Rapporteur underlines the particularly forceful preventive potential of the right to education in the very early stages, before warning signs are apparent. That role is to be linked with the aims of education and the right to inclusive and equitable quality education, as established in international instruments.
 
Peace, acceptance of the “other”, respect for cultural diversity, the participation of all in the development of society and an education that is adequate and adapted to the specific needs of people in their own context are objectives of education that have been widely recognized by States and in human rights mechanisms at the international and regional levels. However, education is not afforded the importance or the funding it deserves and needs in order to play those roles.
 
The Special Rapporteur, highlighting circumstances under which schools can become tools for division and lay the groundwork for future violent conflicts, focuses on a number of steps regarding the organization of school systems, pedagogy and the values and skills to be transmitted to learners that are crucial in terms of prevention. She proposes an education framework (known in English as the “ABCDE framework”) that encompasses the interrelated features of education needed in order for the preventive potential of the right to education to be fully deployed. Namely, education should promote acceptance of self and others; a sense of belonging to society; critical thinking; diversity; and the capacity of learners to feel empathy for others. The right to inclusive and equitable quality education must be taken seriously and be prioritized if States and other stakeholders are serious in their commitment to prevent violent conflicts, atrocity crimes and mass or grave human rights violations