The Latin American Campaign for the Right to Education (CLADE, by its Spanish acronym) is a pluralistic network of civil society organizations with a presence in 18 countries in Latin America and the Caribbean, which promotes social mobilization and political advocacy to defend the human right to education. This collection of articles, essays and statements reflect on the vital role of public education in the region and the fault lines exposed by the pandemic, considering both the challenges public education in Latin America faces and possible solutions, alternatives and ways forward.
At the end of 2019, at least 13.4 million school-age children (5-17 years old) were internally displaced due to conflict or violence. These numbers are likely an underestimate with many internally displaced children unaccounted for due to lack of data. The periods of internal displacement are becoming longer, with years becoming decades and internally displaced children spending the majority of their school-years displaced. The majority of these children do not have access to quality, safe and inclusive education due to discrimination, financial, legal, and insecurity barriers.
The five country case studies (Afghanistan, Colombia, Somalia, Syria Ukraine) in this report demonstrate that adopting legal and policy frameworks is not enough to uphold the right to education for internally displaced children. Challenges to implementing these policies are linked to institutional, financial, political, and cultural factors.
International human rights law requires States to provide equal access to higher education without discrimination and to ensure the progressive realization of the right to free higher education. Although France outperforms many countries at the Organization for Economic Cooperation and Development (OECD) on many metrics regarding higher education, there remains significant problems, particularly ensuring equal access for students based on their place of origin. The opportunities students have, are not equal across all regions of France. Part of this inequality can be attributed to the socio-economic status of individual students. However, regional differences operate independently, and can exacerbate socio-economic inequalities, in determining participation in higher education.
This policy brief shows that the unequal distribution of higher education institutions across the country results in students having to move across regions to access higher education, thus incurring costs (mainly housing and transportation), which are harder to meet for those who do decide to move, due to regional differences in standards of living. Coupled with the stagnation of budget allocation to higher education and the general rise in tuition fees, these indirect costs of education constitute a significant barrier to the enjoyment of the right to free higher education on a non-discriminatory basis.
The COVID-19 pandemic and the responses of States thereto have had a very significant impact on the enjoyment of a wide range of social rights. The Council of Europe’s European Social Charter provides a framework for the measures that must be taken by States Parties to cope with the pandemic as it unfolds. The treaty also provides a necessary framework for the post-pandemic social and economic recovery as well as for preparation for and responses to possible future crises of this nature.
With the present statement the European Committee of Social Rights (ECSR) aims to highlight those Charter rights that are particularly engaged by the COVID-19 crisis. (It does not address the right to protection of health under Article 11 of the Charter, which was the subject of a separate statement adopted in April 20201 ). The statement provides guidance to States Parties, organisations of workers and employers, civil society and other key stakeholders by clarifying certain aspects of the Charter rights in question as they apply in the current crisis.
In 2019, the French Constitutional Court (Conseil Constitutionnel) was seized by student unions and associations regarding public higher education tuition fees concerning international students from outside of the European Union. The plaintiffs argued that under paragraph 13 of the preamble of the French constitution, public higher education should be equally accessible to all and free. The Constitutional Court found that modest tuition fees in public higher education, where appropriate and depending on the financial capacity of students, do not go against the principle of equal access to education and the principle of free higher education. The right to education should ensure that access to higher education is financially possible for every student. Thus, limited tuition fees can be set by legislators under the control of the judicial system. Therefore, the Court states that the right to education of international students to access French public higher education system was not violated.
In the present report, submitted pursuant to Human Rights Council resolutions 8/4 and 44/3, the Special Rapporteur on the right to education considers the cultural dimensions of the right to education, which are crucial to ensuring that the universal right to inclusive and quality education is realized, as called for in Sustainable Development Goal 4. The Special Rapporteur calls for the right to education to be viewed as a cultural right – that is, as the right of each person to the cultural resources necessary to freely follow a process of identification, to experience mutually rewarding relations his or her life long, to deal with the crucial challenges facing our world and to engage in the practices that make it possible to take ownership of and contribute to these resources.
What is unique about this approach is its conception of educational life as a living relationship between actors (students, educators, organizations and other associated actors) and collections of knowledge that form shared cultural resources, vectors of identity, values and meaning, without which action is impossible.
In working towards creating inclusive education systems, many countries have failed to address discrimination and exclusion on the basis of sexual orientation, gender identity, gender expression and
variations of sex characteristics. This is despite the fact that, as new data from Europe show, 54% of lesbian, gay, bisexual, trans and intersex youth surveyed had experienced bullying in school and 83% had witnessed some type of negative remarks addressed to someone else based on their sexual orientation, gender identity, gender expression or variations of sex characteristics. In many other parts of the world, conditions do not even allow such data to be collected. While several countries have begun implementing changes in laws and policies, school-level interventions, curricula, and parental or community engagement, others not only avoid addressing the issues but are even taking measures that further exclude. Governments aspiring to respect their commitment to the goal of equitable and inclusive education by 2030 must protect the rights of lesbian, gay, bisexual, trans and intersex learners, improve monitoring of school-based bullying and violence, and create a positive, supportive learning environment.
Early childhood education has the potential to expand opportunities for disadvantaged children, provided that programmes use inclusion as a guiding principle. While the international community has committed to inclusive education, countries vary in their efforts to extend this goal to early childhood. Universal access is the basis of inclusion, and countries must address barriers related to socio-economic status, ethnicity, gender, language, disability and remoteness. Cooperation among multiple actors to identify special needs early and provide integrated services is needed, as are inclusive curricula that support children’s socioemotional development and identity formation. Finally, educators must be given the knowledge, training, and support to implement inclusive practices and work with families from all backgrounds.
Inclusion should be a principal commitment from early childhood. According to the latest estimates from the UNESCO Institute for Statistics, the number of children not enrolled in pre-school in the year before primary school has decreased over the past decade, from 52.1 million in 2009 to 47.2 million in 2018. Despite this progress, the large number of children still excluded from pre-school is a major concern, given the strong evidence linking access to inclusive early childhood care and education (ECCE) with school success, overall development, and well-being. Early childhood services aim to provide for all children equally, but when the most vulnerable children are excluded or ignored, universal participation is unattainable. Many children are denied access because of gender, disability, ethnicity, socioeconomic status, geographic location, language, refugee or displaced status, or due to a humanitarian crisis or natural disaster. The COVID-19 pandemic has exacerbated this exclusion. Today, more than ever, it is vital to intensify advocacy and concrete efforts to guarantee the right of every child to ECCE by mobilizing the multiple actors working to achieve Sustainable Development Goal 4 (SDG 4) and its targets related to inclusive early childhood education.
This publication presents and discusses both qualitative and quantitative data for a renewed, action-oriented global commitment to universal and inclusive early childhood services. The recommendations have emerged from a literature review and consultations with experts, practitioners, and academics from multiple countries. It is intended for policy-makers, managers of ECCE programmes and services, practitioners, development partners, families, and research institutions. It recommends measures to be taken by policy-makers in consultation with relevant actors in order to make ECCE more inclusive. The measures are supported by research and illustrated by inspiring examples from across the globe. This publication supports all stakeholders who are committed to make inclusion from early childhood a reality.