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.
The report, Education Denied: Israel’s Systematic Violation of Palestinian Children’s Right to Education, was prepared for the July 2011 High-Level Segment of UN-ECOSOC in Geneva, Switzerland and reviews the implementation of the education-related Millennium Development Goals (MDG) of the United Nations Development Agenda in the occupied Palestinian territory (oPt).
The report informs that the the achievement of the MDG on education is proving unattainable as a result of illegal policies enacted as part of Israel’s longstanding occupation. By denying Palestinian children full access to high-quality primary education, Israel, the Occupying Power, is failing to comply with its binding obligations under international law.
Through this report, PCHR asks that the international community take all appropriate measures to end Israel's repeated violations of international law which inhibit basic human rights, including education, and development goals in the oPt.
This report by GCE and RESULTS shows that millions of girls are being forced out of school because of poverty, child labour, early child marriage, the threat of sexual violence, inadequate and poor-quality schools. The report examines 80 poor countries in terms of the gains they have made in girls’ education.
It also shows that DRC, Egypt, India, Iraq, Nigeria and Pakistan are among those countries failing to respect the rights of girls to an education. In sub-Saharan Africa, girls have less than a 50% chance of finishing primary school. In some Asian countries girls also struggle: 41% of girls in Pakistan and 30% in India fail to finish primary school. The report highlights countries that have been able to improve girls’ enrolment and retention in school, with Bangladesh, Jordan, Senegal, Tanzania, Tunisia and Ukraine among them.
The 21 case studies discussed in this volume clearly illustrate that a wide variety of economic, social and cultural rights are justiciable. Moreover, this publication set out many concrete examples where legal action has made a difference and has unquestionably progressed the actual realisation of the rights.
Litigating Economic, Social and Cultural Rights: Achievements, Challenges and Strategies also reveals the many practical and theoretical obstacles that have been encountered in social action litgation.
La Campaña Latinoamericana por el Derecho a la Educación (CLADE) ha sistematizado testimonios y sugerencias de educadores/as y estudiantes en contextos de encierro, y reunió estas reflexiones en la publicación El Derecho Humano a la Educación en contextos de encierro desde la perspectiva de sus sujetos.
Este documento pone en evidencia las recomendaciones y los pensamientos de estudiantes y docentes en contextos de encierro a partir de sugerencias y testimonios recopilados por medio de entrevistas con maestras/os y personas en privación de libertad de Bolivia, Brasil y Argentina. Estos diálogos se realizaron en visitas específicas realizadas por la CLADE en los últimos tres años, en el marco del proyecto Ampliando Voces – miradas y propuestas para la Educación de Personas Jóvenes y Adultas en la perspectiva de sus sujetos.
Las reflexiones presentadas en la publicación no son una muestra representativa de sus países, pero revelan una diversidad de situaciones que se deben tomar en cuenta para conocer la realidad de la educación en las cárceles e intervenir con políticas adecuadas y pertinentes para la realización del derecho a la educación de estas/os ciudadanas/os.
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Optional Protocol or OP-ICESCR) entered into force on 5 May 2013. With the Optional Protocol, the international community comes much closer to treating “human rights globally in a fair and equal manner, on the same footing, and with the same emphasis” as required by the Vienna Declaration on Human Rights. In particular, the OP-ICESCR creates a mechanism whereby rights holders can submit complaints of violations of any of their economic, social and cultural rights and hold States accountable to their obligations under the Covenant to respect, protect, and fulfill Covenant rights, including the human rights to education. This procedure will also provide further clarity on the content of human rights in different contexts, resulting in greater guidance for governments that seek to implement the International Covenant on Economic, Social and Cultural Rights in good faith.
The objective of this manual is to provide theoretical and practical information for lawyers and other advocates interested in utilizing the OP-ICESCR as a means to enforce economic, social and cultural rights, including the right to eduxcation. A related aim of this manual is to contribute to the growing network of advocates using strategic litigation to advance ESC rights protections, by supporting ongoing exchange and collaboration.
This communication has been submitted to the United Nation Special Rapporteur on the Right to Education to inform him about the privatisation and the right to education in Chile.
In June 2014 the Global Initiative for Economic, Social and Cultural Rights (GI-ESCR), together with the Privatisation in Education Research Initiative (PERI) held a series of events in Geneva focusing on privatisation and the human right to education: a Human Rights Council 26th Session Side Event and and an Expert Meeting on Privatisation in Education. The events were intended to foster discussion and engagement, as well as to raise awareness about this key emerging issue, which is having a profound impact on the realisation of the right to education globally. These events brought together experts, advocates, academics, national education practitioners and international education advocates, both in order to share some of the research and advocacy efforts conducted so far on privatisation in education, as well as to strengthen the analysis of the application of human rights standards to the issue through the involvement of new and varied stakeholders.
This is a summary of the events and the themes that emerged.
This article considers the question of the justiciability of social and economic rights from both a conceptual and an experiential perspective. It first reviews some of the major concerns that are frequently raised in relation to whether social and economic rights can, or should be, adjudicated by courts, drawing on commentary from experts and judicial and quasi-judicial bodies considering this question. This is followed by an overview of the growing body of jurisprudence from domestic courts and regional and international bodies that have adjudicated social and economic rights.