This report summarizes in 281 pages the shortcomings of global educational promises and then examines how the right to education fares in 170 countries. Developing and transitioning countries are divided into six geographical regions and 31 tables highlight the key findings derived from country-by-country surveys. The Report highlights the abyss between the domestic policies of wealthy creditor and donor governments which keep compulsory education free, and their external policies which have made it for-fee. All sources are indicated in 1,317 footnotes.
The report highlights allocation for education sector of different fiscal years aiming to underline priority areas for realising National Education Policy-2010, explains the trends of education financing, analyses the allocation in development and non-development programmes and finds the challenges in implementing the strategic priorities of education sector in Bangladesh.
This comparative report reviews and analyses a range of selected educational issues in Association of Southeast Asian Nations (ASEAN)+6 countries, which include 10 ASEAN member countries plus Australia, China, India, Japan, New Zealand, and the Republic of Korea. In particular, it highlights the key issues, challenges and opportunities for improving system performance and reducing educational disparities across ASEAN+6 countries. It thus provides useful inputs for informing policy options for education development in these and other countries. The issues reviewed are grouped into three policy areas: 1) sector policy and management frameworks, 2) secondary education, and 3) technical and vocational education and training (TVET), all of which are of critical importance in the context of formulating and operationalizing education reform agendas in these countries. The reports informs about legislative and policy frameworks. The report focuses on quality, teachers and financing.
On the first day of school, children often worry whether they'll make new friends or like their teachers. But in the Dominican Republic, some confront a far graver concern: Will I be turned away because I don't have a birth certificate?
The report, Left Behind: How Statelessness in the Dominican Republic Limits Children's Access to Education, shows that many children born in the Dominican Republic but descended from foreigners, particularly Haitians, are denied an education. For generations, such children were recognized as citizens, but within the last decade, the Dominican government has refused to issue many of them birth certificates, identity cards and other essential documentation, rendering them stateless. The report concludes that the Dominican Republic is failing to comply with its domestic and international human rights obligations, including the human right to education.
The report is the product of months of research, including interviews with dozens of affected children and families, as well as educators, advocates and government officials. Several of the Dominicans of Haitian descent interviewed were prevented from attending primary school, secondary school or university because they could not obtain identity documents. Of those allowed to attend school despite not having birth certificates, many were denied the ability to take national exams required to graduate.
All of this occurs in spite of laws, policies, constitutional provisions and international human rights commitments that are meant to guarantee children's right to education. The report found that administrative barriers, discrimination and confusion about the law has meant that in practice not all children in the Dominican Republic are allowed to go to school, even if they consider themselves Dominicans.
The UN Convention on the Rights of Persons with Disabilities in article 24 seeks to combat discrimination of children with disabilities in the field of education by prescribing a model of social inclusion. This paper will critically examine the sociological concept of inclusion, the German experience in implementing article 24 and the limitations of article 24 vis à vis the Right to Education in the International Covenant on Economic, Social and Cultural Rights. Before turning to the situation in Germany it is beneficial to discuss underlying concepts relating to special need education in order to clarify the notion of inclusion. In doing so, contested medical concepts, the perception of education as end rather than means and the voicelessness of the child, all lead to the conclusion that a rights-based approach is advantageous in acquiring social justice. Moreover, looking at the case of Germany and a school system with an exclusion rate of 82% the delay in the public discourse about inclusion is particularly striking. Hence, section 3 will look at empirical data, the UN definition of education and elaborate on the German confusion of inclusion and integration by making reference to domestic law and an exemplary case along with relating the Monitoring Body’s guidelines of availability, accessibility, acceptability and adaptability to the action plan of North Rhine-Westphalia. Finally, the application of social inclusion maxims to anti-discrimination law demands significant, positive adjustments but is also restricted by its focus on absolute disadvantage. The convention is arguably limited because of its narrow outlook owed to its civil and political nature and inclusive reform might bring broader equality when applied to the a priori Right to Education from the International Covenant on Economic, Social and Cultural Rights.
This Guide will inspire and help judges and lawyers working at national level to litigate cases involving economic, social and cultural rights.
In particular, it aims at giving examples from a large variety of countries and jurisdictions of how courts and other bodies have dealt with the adjudication of these rights.
The Guide also addresses issues that legal practitioners are faced with at the different phases of litigation, from initiating a case and evidence building to the provision of remedies and the enforcement of judicial decisions.
Please note, that this Guide is an updated version of Courts and the Legal Enforcement of Economic, Social and Cultural Rights. Comparative Experiences of Justiciability.
In addition to the electronic version of the Guide in a book format, the ICJ has also launched a searchable online version that is accessible on the ESCR page.
From humble beginnings in the early 1990s, charter schools have grown explosively to become a pillar in a market-oriented national education reform in the United States. The fiscal fallout from the financial crisis of 2007-08 constricted educational budgets and intensified the public debate around directing resources to all aspects of educational reform, especially charter schools.
The human right to education is well established in a variety of international treaties and covenants, including the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. The right establishes the obligation of states to provide all young people with a quality education, as defined by the prevailing social and economic context of each country. Guidance provided by the Committee on Economic, Social and Cultural Rights, focuses attention on the acceptability, availability, adaptability and accessibility of education in every context.
The impact of charter school expansion on the ability of U.S. states to implement the right to education for all children has, to date, been little considered in the national debate around education reform. Given the diversity of the legal foundations of charter schools in the states, it is difficult to carry out such an analysis at the national level.
Despite the fact that its public education system is rated among the most effective in the country, the Commonwealth of Massachusetts has been the site of large-scale implementation of the charter school model. Prominent educational research institutes have analyzed Massachusetts charters and found them - especially the schools located in Boston - to be among the most successful in the country.
The experience of Massachusetts charter schools undoubtedly includes positive effects on the implementation of the right to education. A significant number of students who had difficulty accessing quality education in traditional public schools have been able to do so in charter schools. Many of those students are from racial or ethnic groups that have faced historic discrimination in U.S. public schools. In addition, charter schools are, by their nature, adaptations of the public education model and, therefore, increase the adaptability of the system.
At the same time, other aspects of the charter school model raise concerns from a human rights perspective, some of them serious concerns. The extreme school discipline models employed by some charters and the increased use of disciplinary exclusion to maintain social order in the schools both raise human rights concerns that go well beyond the right to education. Also, the existence of an “enrollment gap” between charter schools and traditional public schools, especially in relation to the enrollment of Students with Special Needs and English Language Learners is the source of further concern. Finally, the way in which charter schools are financed, in Massachusetts and in most other jurisdictions, gradually degrades the financial capacity of public school districts. This loss of financial capacity often leads to mass school closings or other major disruptions to the system. In districts with high charter density, this process can reach the point where the capacity of the district to provide for even the basic educational needs of all students comes into question.
Massachusetts and other states with relatively high charter density in urban centers should reinforce regulatory mechanisms in place to ensure the accountability of existing charter schools to legal and regulatory frameworks. In addition, legislative bodies considering laws to allow further expansion of charter schools should carefully consider the impacts of charter school growth on the human right to education of all children in their jurisdiction before enabling such expansion.
The right to education in international human rights law is contained in number of international treaties. The most comprehensive coverage of the right is found within the International Covenant on Economic, Social and Cultural Rights (ICESCR) under articles 13 and 14. The primary level of education is an essential and integral phase in the development of a child, without the right to education children are unable to realize other rights. This research assesses the functionality of the Egyptian primary education system and its compliance with the international human rights standards of education, specifically the utilizing the 4-A schematic. The indicators included in the 4-A system are defined and analyzed in accordance to the primary level of education. A brief modern history of the Egyptian education system is provided in order to understand current trends. The issues facing the Ministry of Education â are centralization, aid for education and social and economic gaps â and their analysis provides greater insight into the compliance of the state. The final section of this research measures and analyzes the Egyptian system with the international standards in direct correlation to the human rights indicators that comprise the 4-A schematic. There are pockets of defacto discrimination, mostly social-economic that exists within the Egyptian primary education system and by international standards these facets of discrimination should take the highest priority for reform for the Ministry of Education. Other elements detracting from the provision of the right to education includes the quality of education in Egypt and equality. Stronger educational policies that are sharply focused, with targets for implementation being set; comprehensive legislation; and greater levels of awareness and civic engagement are needed in order to protect the right to education at the primary education level.
Oral statement made by the Global Initiative for Economic, Social and Cultural Rights (GI-ESCR) to the UN Committee on Economic, Social and Cultural Rights on 8 June 2015, following a report submitted by GI-ESCR with the Sciences Po Law School Clinic and with the support of eight national, regional and international NGOs working on the right to education in Chile.
In this statement, GI-ESCR raises concerns with regards to the impact of the privatised education system in Chile on the rights protected under the International Covenant on Economic, Social and Cultural Rights.
Turkey’s education system, despite the country’s legal commitments to provide equitable and non-discriminatory education to all, continues to marginalise many minority communities and perpetuate nationalist principles in the classroom. Discrimination based on Colour, Ethnic Origin, Language, Religion and Belief in Turkey’s Education System, a jointly published report by History Foundation (Tarih Vakfı) and Minority Rights Group International, highlights the effects of this exclusionary system on children from minority communities and their ability to secure adequate access to education.
Despite legislation passed in 2012 to support teaching of minority languages, in practice there are many obstacles due to lack of resources and limited political will. Moreover, education in their mother tongue remains out of reach for many communities. This can have lasting impacts on the learning outcomes of minority children. In addition, compulsory religious education in Sunni Islam from grade four means that some minority members, such as Alevis, are obliged to take the course. Though technically Christian and Jewish children can apply to opt out, the procedure for opting out can itself undermine their human rights. Minority communities are also frequently overlooked or misrepresented in educational materials such as textbooks and curricula, meaning that prejudices and stereotypes about their communities are being recreated among the next generation. Finally, disadvantaged communities such as Afro-Turks and Roma often struggle to secure full educational access.
This report presents an overview of the current state of Turkey’s educational system during 2014 to 2015, drawing on fieldwork by Monitoring Discrimination in Education Network, an alliance of 16 organisations working in Turkey. Besides outlining the relevant legal standards and key rights relating to education access, such as language and pluralism, it also presents a detailed overview of key areas of discrimination and ongoing inequalities faced by minority children. It ends with a series of recommendations, including legal reforms, increased resources for mother tongue learning, revised curricula and improved discrimination monitoring, to support the development of a more inclusive and socially just educational system in Turkey.
Also available in Turkish, here.