This guide is part of the series of Guides on the European Convention for the Protection of Human Rights and Fundamental Freedoms published by the European Court of Human Rights to inform legal practitioners about the fundamental judgments delivered by the Strasbourg Court. This particular guide analyses and sums up the case-law under Article 2 of Protocol No. 1 as at June 2015 or when subsequently updated.
The report focuses on the promotion of equality of opportunity in education. Ensuring equality of opportunity in education is an overarching principle that is reflected in core human rights treaties. States have the duty to adopt measures to eradicate discrimination and ensure equal access for all to education. The promotion of equality of opportunity in education both in law and in fact is an ongoing challenge for all States, and one that requires not only the elimination of discriminatory practices, but also the adoption of temporary special measures to bring about equality in fact with regard to education. The report first details core human rights standards provisions which establish the obligation to promote equal opportunities in education. It subsequently describes different sources of inequalities and different types of initiatives to address them. It concludes by formulating recommendations based on human rights standards.
Cette Convention a pour objet non seulement la lutte contre la discrimination dans le domaine de l'enseignement, mais aussi l'adoption de mesures visant à promouvoir l'égalité de chances et de traitement dans ce domaine. Elle s'inspire donc de deux principes fondamentaux distincts, qui figurent aussi bien dans l'Acte constitutif de l'Organisation que dans la Déclaration universelle des droits de l'homme dont les articles Z et 26 proscrivent toute forme de discrimination et visent à promouvoir le droit a l'éducation pour tous. Toutefois , la portée des engagements pris par les Etats varie selon qu'il s'agit de lutter contre la discrimination ou de promouvoir l'égalité des chances. En vertu de l'article 3 de la Convention, les Etats s'engagent à prendre des mesures immédiates en vue d'éliminer et de prévenir toute discrimination au sens de la Convention , d'empêcher les différences de traitement et d'interdire les préférences et les restrictions dans divers domaines
"The Court would like to place on record that in terms of Article 27(2)(h) of the Constitution it is one of the directive principles of state policy to ensure the right to universal and equal access to education at all levels. The Court also wishes to place on record that the state should ensure that the human rights of the people living with HIV/AIDS are promoted, protected and respected and measures to be taken to eliminate discrimination against them"
Parallel Report submitted by the National Campaign for Education-Nepal, the Nepal National Teachers Association (NNTA), the Global Initiative for Economic, Social and Cultural Rights, and other partners, including the Right to Education Project, on the occasion of the examination of the report of Nepal during the 72nd session of the UN Committee on the Rights of the Child.
The report shows that the growth of unregulated private education in Nepal supported by the State, is creating and entrenching segregation in education, threatens access to education for girls and children from socioeconomically disadvantaged backgrounds and is a cause of discrimination with regards to access to quality education. As pointed out recently by the UN Committee on the Rights of the Child (CRC), such segregation in itself constitutes a human rights violation and must be ended.2 Segregation is also the source of other human rights abuses, including discrimination on the grounds of socio-economic background, gender and caste, a limitation on the right to free quality education, and the lowering of education quality. This situation is extremely problematic because of the injustices it generates which threaten the fragile social cohesion and peace that exist in Nepal. If the situation remains the same, experience shows that the education system is bound to generate instability and protests in an already unstable country that is slowly trying to recover from conflict and humanitarian disaster.
The Special Rapporteur examines the right to education in the digital age and, specifically, how to uphold the norms and principles that underlie the right to education while embracing digital technologies, which are revolutionising teaching and learning processes and transforming the landscape of higher education. He considers issues related to marginalisation and exclusion, as well as the quality of education, especially human values in education. Concerns are expressed about the digital divide and about how it affects fundamental principles, such as equality of opportunity. The Special Rapporteur sets out policy and legal responses to address these issues and challenges, bearing in mind the normative framework of the right to education as established in international human rights treaties. He also highlights the repercussions of digital technologies on public investment in education and on the quality of education, especially in respect of preserving human values in education, and underlines the need to safeguard education as a public good. Finally, he offers a set of recommendations for ensuring that the implementation of digital technology in education is in keeping with State obligations on the right to education as laid down in international human rights conventions.
With the adoption of the Sustainable Development Goals (SDGs), countries have promised to achieve universal completion of primary and secondary education by 2030. This paper, jointly released by the UNESCO Institute for Statistics (UIS) and the Global Education Monitoring (GEM) Report, illustrates the magnitude of this challenge. Globally, 263 million children, adolescents and youth between the ages of 6 and 17 are currently out of school, according to a new set of UIS indicators. A key obstacle to achieving the target is persistent disparities in education participation linked to sex, location and wealth, especially at the secondary level. Selected policy responses to promote enrolment in secondary education are reviewed.