Drawing upon a full range of case law, the report shows that adjudication of economic, social and cultural rights is possible, desirable and already being carried out by courts in all continents. The report addresses the legal and political objections to the justiciability of economic, social and cultural rights and confirms their justiciability.
This report includes a concept paper on the justiciability of the right to education.
In this report, the Special Rapporteur argues that treating economic and social rights as human rights is essential both for efforts to eliminate extreme poverty and to ensure a balanced and credible approach in the field of human rights as a whole. He argues that economic and social rights currently remain marginal in most contexts, thus undermining the principle of the indivisibility of the two sets of rights.
Conventional wisdom celebrates the great strides that have been made in recent years in relation to economic and social rights. At the international level, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has been adopted, an impressive number of special procedures have been created to focus on these rights and bodies like the Human Rights Council spend much more time than they once did debating these issues. At the national level, economic and social rights proponents celebrate the impressive degree of constitutional recognition of some or most economic and social rights, the growing capacity of courts in many countries to enforce them, the growth of national non-governmental organisations working on economic and social rights and the emergence of a vibrant scholarly literature on the justiciability of those rights.
However, despite important recent progress, the reality is that economic and social rights remain largely invisible in the law and institutions of the great majority of States. In support of this proposition, the Special Rapporteur notes that: many of the States whose Constitutions recognise economic and social rights have not translated that recognition into a human rights-based legislative framework; the increasingly widespread constitutional acceptance of the justiciability of economic and social rights contrasts with the resistance of many of the relevant courts to acting on these rights; many of the States that enjoy the world’s highest living standards have specifically rejected proposals to recognise economic and social rights in legislative or constitutional form; most national-level institutional mechanisms for promoting human rights neglect economic and social rights; and national economic and social rights accountability mechanisms are generally much rarer than mainstream accounts would suggest.
The extent to which economic and social rights remain unacknowledged as human rights is the frequency with which debates about economic and social rights slide imperceptibly and almost naturally into broad discussions of development. But, in fact, development initiatives might not be rights-promoting, or even rights-protecting. In this report, the Special Rapporteur spells out why it matters that economic and social rights be treated as human rights and examines the ways in which this can be done by outlining the recognition, institutionalisation and accountability (RIA) framework that focuses primary attention on ensuring recognition of the rights, institutional support for their promotion and accountability mechanisms for their implementation.
The second edition of the Global Education Monitoring Report (GEM Report) presents the latest evidence on global progress towards the education targets of the UN Sustainable Development Goals.
With hundreds of millions of people still not going to school, and many not achieving minimum skills at school, it is clear education systems are off track to achieve global goals. The marginalised currently bear the most consequences but also stand to benefit the most if policy-makers pay sufficient attention to their needs. Faced with these challenges, along with tight budgets and increased emphasis on results-oriented value for money, countries are searching for solutions. Increased accountability often tops the list.
The 2017/8 GEM Report shows the entire array of approaches to accountability in education. It ranges from countries unused to the concept, where violations of the right to education go unchallenged, to countries where accountability has become an end in itself instead of a means to inclusive, equitable and high-quality education and lifelong learning for all.
The report emphasises that education is a shared responsibility. While governments have primary responsibility, all actors – schools, teachers, parents, students, international organizations, private sector providers, civil society and the media – have a role in improving education systems. The report emphasises the importance of transparency and availability of information but urges caution in how data are used. It makes the case for avoiding accountability systems with a disproportionate focus on narrowly defined results and punitive sanctions. In an era of multiple accountability tools, the report provides clear evidence on those that are working and those that are not.
According to UNESCO, 264 million children and youth are still out of school around the world, and this is only accounting for the primary (61 million) and secondary school (203 million) age population. In particular, the poorest and most marginalised, including ethnic and religious minorities, persons with disabilities, girls, and populations experiencing conflict, are often systematically unable to access and complete a full cycle of quality education. The first volume of NORRAG Special Issue (NSI) is dedicated to examining international frameworks and national policy as well as the challenges of fulfilling the right to education in practice.
The inaugural issue of NSI on the Right to Education Movements and Policies: Promises and Realities aims to highlight the global and national level experience and perspective on guaranteeing the right to education, as outlined in international frameworks, national constitutions, legislation, and policy, when creating the required administrative structures to ensure that the right is respected, protected, and fulfilled for all.
The Issue is divided into six parts, each focusing on a specific theme of right to education policy and practice. The first part includes an article written by RTE staff on The Role of Court Decisions in the Realisation of the Right to Education, which draws on RTE's background paper on accountability for the GEM Report 2017-8.
The report examines questions related to enforcement of the right to education and judicial and quasi-judicial mechanisms. It also highlights the available jurisprudence at the national, regional and international levels, with a focus on some key dimensions of the right to education. In conclusion, the Special Rapporteur offers recommendations for making the justiciability of the right to education and its enforcement more effective.
Le présent rapport aborde les questions relatives à l’application de la justiciabilité au droit à l'éducation et aux mécanismes judiciaires et quasi judiciaires correspondants. Il met également en lumière la jurisprudence disponible aux niveaux national, régional et international, en mettant l’accent sur certains aspects clés du droit à l’éducation.
Este informe menciona la justiciabilidad del derecho a la educación como uno de los temas que se propone abordar durante su mandato. En el presente informe se examinan las cuestiones relacionadas con la efectividad del derecho a la educación y con los mecanismos judiciales y cuasi judiciales. También se pone de relieve la jurisprudencia existente en los planos nacional, regional e internacional, prestando particular atención a algunos aspectos fundamentales del derecho a la educación. Para concluir, el Relator Especial formula recomendaciones para hacer más efectivas la justiciabilidad y la puesta en práctica del derecho a la educación.