Number of court cases on educational rights is the number of cases that considered issues related to the right to education in the last five years. The issues to examine include, inter alia availability or accessibility of primary education, funding of primary education, availability or accessibility of secondary education, accessibility of higher education, discrimination issues, registration or closing of private schools and parents’ rights to ensure the religious and moral education of their children in conformity with their own convictions (Source: Audrey Chapman (2007) Development of Indicators for Economic, Social and Cultural Rights: The Rights to Education, Participation in Cultural Life and Access to the Benefits of Science: p.149)


A very low number of court cases on education rights may be indicative of the lack of adequate access to the justice system rather than a lack of problems related to the right to education. Conversely, a very high number of court cases may be indicative of adequate access to the judicial system, but at the same time of serious problems in the education system itself. If the focus of the monitoring exercise is a specific marginalised group, check the number of court cases related to that group

Human Rights Standards: 

Article 13, International Covenant on Economic, Social and Cultural Rights; Article 28, Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13, Protocol of San Salvador; Article 11, African Charter on the Rights and Welfare of the Child; Article 13, African Youth Charter; Article 41 (2), Arab Charter; Article 4, UNESCO Convention against Discrimination in Education.

Provisions on effective remedies: Article 2 (3), International Covenant on Civil and Political Rights; Article 2, Convention on the Elimination of All Forms of Discrimination against Women; Article 6, International Convention on the Elimination of All Forms of Racial Discrimination; Article 7, African Charter; Article 25, American Convention on Human Rights; Article 13, European Convention on Human Rights

Policy Processes and Governance: 
Types of Indicator: 
Levels of disaggregation: 
Gender, Region, Urban/Rural, Public/Private, Minority, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention