South Africa is in the unique position of having the right to education guaranteed in the Constitution. The law has been used to advance this right by translating what is on paper into a reality for thousands of learners across the country. The LRC and partners have been at the forefront of civil society efforts in achieving this. We wanted to share our successes.
In October 2013, the Legal Resources Centre was proud to launch Ready to Learn? A Legal Resource for Realising the Right to Education at the Open Society Foundations in New York (find the press release here). The book was designed for legal practitioners and shares the LRC’s legal efforts to contribute to realising the right to education in South Africa. Ready to Learn?
Fighting to Learn… A Legal Resource for Realising the Right to Education is the follow on from Ready to Learn? Using the same format as the first publication,Fighting to Learn… gives an update on many of the cases represented in Ready to Learn? and provides a more general reflection on the role of education in the development agenda.
In Fighting to Learn…, practitioners of law in other jurisdictions can access a summary and court papers relating to the provision of classroom furniture, access to learner-support material and the payment and appointment of teachers. It also gives follow-up materials for the “mud schools” matter and norms and standards for education.
It demonstrates how the Constitutional right to education was integral to our fight for a quality education that is accessible to all. It also demonstrates the creativity of LRC lawyers in their work, from using class actions, which is new in South Africa, to our increasing use of innovative remedies, such as using external administrators to implement court judgments.
This guide presents ideas and methodologies to put a human rights-based approach to education in practice. It focuses on six strategic areas that are central to (and provide a framework for) a HRBA to education including: understanding and securing the right to education working with excluded groups; financing education; promoting citizen participation in education securing rights in education; advancing a full "Education for All" agenda. Each section begins with a brief overview of key issues to be considered and then discusses a range of activities which could be developed within a scheme of work. Short practical examples are given, from a wide range of countries. The majority of the activities focus on work at the local level, but national and international links are also discussed. Within each section two or three areas are analysed in more detail.
Este paquete desarrolla una serie de ideas y metodologías para poner en práctica un planteamiento de la educación basado en los derechos humanos. Se concentra en seis sectores estratégicos, que son esenciales para trabajar en educación con un planteamiento basado en los derechos humanos y que proporcionan un marco para este trabajo. Estos sectores son: Comprender y asegurar el derecho a la educación; Trabajar con grupos excluidos; Financiar la educación; Promover la participación ciudadana en la educación; Conseguir derechos en educación; Promover un programa completo de “Educación para Todos”. Cada capítulo empieza con una breve presentación de los aspectos más importantes a ser analizados y sigue con una explicación de las actividades que podrían realizarse dentro de un esquema de trabajo. También se incluyen ejemplos prácticos de numerosos países. La mayoría de las actividades se centran en el trabajo a nivel local, pero también se analizan los vínculos nacionales e internacionales. Dentro de cada capítulo, hemos escogido dos o tres áreas que se analizan con mayor detalle.
This present document, produced by the Brazilian Campaign for the Right to Education (Brazilian Campaign) and the NGO Ação Educativa, aims to present a brief overview of the ongoing privatization processes in education in Brazil and its negative impacts on the achievement of the human right to education of children and adolescents, as a contribution to the II Alternative Report on the Situation of the Rights of the Child in Brazil organized by the National Association of Centers for the Defense of Child Rights (Associação Nacional dos Centros de Defesa da Criança e do Adolescente - Anced).
Part of a law which allowed the Colombian government to charge for primary education was deemed unconstitutional after a pair of Colombian lawyers, collaborating with the law faculty at New York’s Cornell University and a coalition of civil society organisations, brought a direct challenge against its discriminatory provisions.
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.
The Guide identifies equality and non-discrimination strategies that NGOs, lawyers and activists may employ in seeking to advance economic and social rights (ESRs) before courts. It is also accompanied by an online Compendium of useful cases in which equality and non-discrimination concepts and approaches have been employed to advance ESRs.
The Guide is split into three parts. Having introduced the rights framework, the Guide identifies conceptual and practical reasons why equality and non-discrimination arguments should be employed when challenging violations of ESRs. It then presents clear and practical guidance on how to use equality and non-discrimination strategies in courtrooms around the world.
This guide, issued by the Office of the High Commissioner for Human Rights (OHCHR), focuses on how civil society can follow up on recommendations of United Nations (UN) human rights mechanisms and mandates or bodies.
Part I provides an analysis of the various legal issues commonly encountered in economic, social and cultural rights litigation. These include identifying the relevant sources of law, establishing justiciability, defining the nature and scope of rights and obligations, responding to the defences available to governments, and the crafting of appropriate remedies. The next chapters address the right to legal aid for economic, social and cultural rights litigation, specific rights (social security, housing, health and education), as well as the social rights of children. This will provide the user of the manual with a sense of how the application and interpretation of economic, social and cultural rights may vary depending on the group claiming the right and the particular right at issue.
In Parts II and III, the various regional and international complaints procedures are outlined. For each human rights mechanism, there is a description of the relevant legal instruments, the applicable economic, social and cultural rights standards and the responsible adjudicatory body. The procedure for making a complaint is set out in detail, together with the limitations of the various procedure. Each chapter concludes with a brief analysis of the jurisprudence of judicial or quasi-judicial bodies and a list of useful resources. The remainder of the manual seeks to provide the user with a range of practical resources for litigation.
Part IV sets out summaries of leading cases on economic, social and cultural rights,
The Advocacy Toolkit is applicable for all levels of the organization as a resource for building a structured approach for sustained advocacy. The tools are particularly relevant for UNICEF country offices and national committees, but its content will also be valuable to anyone who wants to expand their understanding of the human rights-based approach to advocacy and how this approach is applied.