The General Comment 9 of the Committee on the Rights of the Child interprets the Convention on the Rights of the Child as regards the rights of children with disabilies, including their right to education (see paragraphs 62 to 69)
The Declaration on the Rights of Indigenous Peoples establishes a universal framework of minimum standards for the survival, dignity, well-being and rights of the world's indigenous peoples. The Declaration addresses both individual and collective rights; cultural rights and identity; rights to education, health, employment, language, and others. It outlaws discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them. It also ensures their right to remain distinct and to pursue their own priorities in economic, social and cultural development. The Declaration explicitly encourages harmonious and cooperative relations between States and indigenous peoples.
Articles 14, 15, 17 and 21 refer to education.
These guidelines are designed to be of use to all who are concerned with understanding and determining violations of economic, social and cultural rights and in providing remedies thereto, in particular monitoring and adjudicating bodies at the national, regional and international levels.
A group of distinguished experts in international law, convened by the International Commission of Jurists, the Faculty of Law of the University of Limburg (Maastricht, the Netherlands) and the Urban Morgan Institute for Human Rights (University of Cincinnati, Ohio, USA), met in Maastricht from 2 to 6 June 1986 to consider the nature and scope of the obligations of States parties to the International Covenant on Economic, Social and Cultural Rights, the considered of States parties' reports by the newly constituted Committee on Economic, Social and Cultural Rights, and international cooperation under Part IV of the Covenant.
The participants unanimously agreed on what have become known as the Limburg Principles, which they believe reflect the present state of international law. At a meeting on the tenth anniversary of the Limburg Principles, a similar group of experts agreed on the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights.
This Resolution (A/HRC/RES/32/20) was presented by the United Arab Emirates and adopted by consensus. The resolution links back to the panel discussion held by the Council during its 29th session, on this topic and the OHCHR report on that panel discussion (A/HRC/30/23).
The resolution urges States to eliminate discrimination against girls in education and remove all obstacles such as discriminatory laws, custom, tradition or religious considerations, financial barriers, violence, child labour, harmful practices (eg: FGM), gender stereotypes, child, early and forced marriage and early pregnancy. It also called on States to:
- Ensure that educational institutions are safe and free from violence and abuse and girls can travel to and from and attend school safely
- Address the school drop-out rate of girls and ensure that there are primary and secondary school places available for girls within a reasonable distance from home
- Provide equal access to education for girls from marginalised and excluded groups, with disabilities, indigenous girls, ethnic, religious and linguistic minorities, girls in rural areas and economically disadvantaged girls
- Provide every primary and secondary school with professionally trained and qualified teachers, including female teachers and with full access to separate, adequate and safe water and sanitation services
- Develop a non-discriminatory, inclusive, accessible and culturally sensitive, safe, supportive and secure environment conducive to providing a quality education, including human rights education….and financial literacy …. to enable girls to be proactive actors in society
- Eliminate gender based stereotypes from all educational processes, practices and teaching materials
- Prioritise education in State budgets, increase investments and international cooperation to allow all girls to complete free, equitable, inclusive and quality education and support developing countries through financial and technical resources for ‘country-led national education plans’
- Support access to education for girls in emergency situations, migrant, internally displaced and refugee girls and those in humanitarian crises and conflict situations.
Finally, the resolution requests the OHCHR to prepare a report to be presented at the June 2017 session of the Human Rights Council on: ‘the realisation of the equal enjoyment of the right to education by every girl’, ‘obstacles limiting effective access’ and ‘recommendations on appropriate measures to eliminate gender disparities in education by 2030, taking into account Goal 4 of the SDGs’.
Adopted on 26 August 2016, the Committee on the Rights of Persons with Disabilities clarifies and interprets the right to inclusive education as laid out in article 24 of the Convention on the Rights of Persons with Disabilities.