Net enrolment rate is the number of children of official school age (based on the International Standard Classification of Education 1997) who are enrolled in school as a percentage of the population of the corresponding official school age
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Available data:
Edstats (SEARCH: Series > Topics > Primary > Enrolment Rates)
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Minority, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Child Labourers, Child Soldiers, Public/Private
Human Rights Standards:
Article 13 (2) (a), International Covenant on Economic, Social and Cultural Rights; Article 28 (1) (a), Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13 (3) (a), Protocol of San Salvador; Article 11 (3) (a), African Charter on the Rights and Welfare of the Child; Article 41 (2), Arab Charter
GER is the ratio of total enrolment, regardless of age, to the population of the age group that corresponds to the same level of education. GER can exceed 100% due to the inclusion of over-aged and under-aged students, because of early or late school entrance, and grade repetition. For the tertiary level, the population used is the 5-year age group starting from the official secondary school graduation age (Source: UIS, Education Indicators - Technical Guidelines: p.9)
Comments:
Gross enrolment ratio is widely used to show the general level of participation in a given level of education. It can also be used as a complementary indicator to net enrolment rate (NER) by indicating the extent of over-aged and under-aged enrolment. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls, persons with disabilities compared to the general population and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination (Source: UIS, Education Indicators - Technical Guidelines: p.9)
Available data:
Levels of disaggregation: Level of Education, Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Child Labourers, Child Soldiers, Public/Private, Race, Ethnicity, Caste, Religion, Sex, Gender identity, Sexual orientation, Place of residence, Indigenous or autochthon, Prior attainment, Place of residence, Bottom/top quintile, Parental level of education, Parental profession, Type of secondary education (public/private)
Human Rights Standards:
Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child, Article 13 (4), African Youth Charter; Article 41 (2), Arab Charter; Article 4, UNESCO Convention against Discrimination in Education
Total primary (or secondary) school age children who are not enrolled (because they never enrolled or because they dropped-out) in primary or secondary education expressed as a percentage of the official school-age population corresponding to the primary (or secondary) level in a given school-year. Children enrolled in pre-primary education are excluded and considered out-of-school (Source: UIS)
Comments:
A high rate of out-of-school children indicates that the State is failing to achieve universal primary and secondary education. Data for this indicator should be disaggregated to show which groups are excluded from education. If the data show, for example, that girls are more likely to be out-of-school or that children with disabilities are less likely to be enrolled or drop-out than the general population, this is an indication that the State's efforts to achieve universal primary (and secondary education) are insufficient and in some cases, discriminatory
Available data:
UIS has data on out-of-school rates at the primary and lower secondary levels (Education>Out-of-school children). Alternatively, see Universal Primary and Secondary Education by 2030! But Where Do We Stand Today? - Explore the Data for a visual representation of UIS data. The All in School Initiative also provides data by region and the barriers to accessing education
Levels of disaggregation: Level of Education, Gender, Income, Minority, Region, Urban/Rural, Minority, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Child Labourers, Child Soldiers
Human Rights Standards:
Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child, Article 13 (4), African Youth Charter; Article 41 (2), Arab Charter; Article 4, UNESCO Convention against Discrimination in Education
Primary completion rate is the percentage of students completing the last year of primary school. The UN defines it as: the total number of new entrants in the last grade of primary education, regardless of age, expressed as percentage of the total population of the theoretical entrance age to the last grade of primary. The ratio can exceed 100% due to over-aged and under-aged children who enter primary school late / early and / or repeat grades
Comments:
A primary completion rate of less than 100% is indicative of a problem in the State's obligation to fulfil the right to free and compulsory primary education. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls, persons with disabilities compared to the general population and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination
Available data:
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Minority, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Child Labourers, Child Soldiers, Public/Private
Human Rights Standards:
Article 13 (2) (a), International Covenant on Economic, Social and Cultural Rights; Article 28 (1) (a) (e), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3) (a) (d), Protocol of San Salvador; Article 11 (3) (a) (d), African Charter on the Rights and Welfare of the Child, Article 13 (4) (a) (c), African Youth Charter; Article 41 (2), Arab Charter; Article 4 (a), UNESCO Convention against Discrimination in Education
Technical / vocational enrolment as a percentage of total secondary enrolment is the percentage of secondary students enrolled in technical / vocational education programmes, including teacher training programmes
Comments:
Low technical / vocational enrolment as a percentage of total secondary enrolment may suggest that technical and vocational secondary education is not made made generally available and accessible to all, in contravention of international human rights standards. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls, persons with disabilities compared to the general population and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination
Available data:
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Public/Private, Child Labourers, Child Soldiers
Human Rights Standards:
Articles 13 (2) (b) & 6 (2), International Covenant on Economic, Social and Cultural Rights; Article 28 (1) (b), Convention on the Rights of the Child; Articles 9, 10 & 17 (2), (Revised) European Social Charter; Article 13 (3) (b), Protocol of San Salvador; Article 11 (3) (b), African Charter on the Rights and Welfare of the Child; Article 31 (2), Arab Charter, UNESCO Convention on Technical and Vocational Training; Article 7 (2) (c), ILO Convention 182; Article 22 (2), ILO Convention 169; Article 14 (1), European Union Charter of Fundamental Rights
Secondary completion rate is the total number of graduates from the last grade of secondary education, regardless of age, expressed as a percentage of the population of the age group that officially corresponds to that of graduating from secondary schools
Comments:
A low level of this indicator may be indicative that the State is not taking all necessary steps to progressively realise universal secondary education according to maximum available resources. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls, persons with disabilities compared to the general population and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination
Available data:
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Child Soldiers, Public/Private, Child Labourers
Human Rights Standards:
Article 13 (2) (b), International Covenant on Economic, Social and Cultural Rights; Article 28 (1) (b), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 4 (a), UNESCO Convention against Discrimination in Education, Article 11 (3) (b), African Charter on the Rights and Welfare of the Child; Article 13 (4) (b), African Youth Charter; Article 13 (3) (b), Additional Protocol to the American Convention on Human Rights, Article 13 (3) (b), Protocol of San Salvador; Article 17 (2), (Revised) European Social Charter
Gross tertiary graduation ratio (only applicable for first degrees) is the total number of graduates in tertiary International Standard Classification of Education (ISCED) 5A programmes expressed as a percentage of the total population of the age at which students theoretically finish their first degree programme, in a given country
Comments:
A low level of this indicator may be indicative that the State is not taking all necessary steps to make higher education equally accessible to all, on the basis of capacity, by every appropriate means. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls, persons with disabilities compared to the general population and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination
Available data:
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Public/Private, Race, Ethnicity, Caste, Religion, Sex, Gender identity, Sexual orientation, Place of residence, Indigenous or autochthon, Prior attainment, Place of residence, Bottom/top quintile, Parental level of education, Parental profession, Type of secondary education (public/private)
Human Rights Standards:
Article 13 (2) (c), International Covenant on Economic, Social and Cultural Rights; Article 28 (1) (c), Convention on the Rights of the Child; Article 13 (3) (c), Protocol of San Salvador; Article 11 (3) (c), African Charter on the Rights and Welfare of the Child
Percentage of population aged 15 years and over who can, with understanding, both read and write, a short simple statement on his / her everyday life. Generally, ‘literacy’ also encompasses ‘numeracy’, the ability to make simple arithmetic calculations (Source: UIS: p.3)
Comments:
A high illiteracy rate (or low literacy rate) suggests the existence of serious shortcomings in the primary education system and / or literacy programmes that have prevented a large proportion of the population from acquiring the ability to use the written word (and making simple arithmetic calculations) in daily life and to continue learning. It is important to remember that literacy rates look backwards, if you encounter a low literacy rate you should make an assessment of factors that may have affected education in the past, such as inadequate financing, armed conflict and other emergency situations, etc. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls, persons with disabilities compared to the general population and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination
Available data:
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Age
Human Rights Standards:
Article 28 (3), Convention on the Rights of the Child; Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Article 10 (e), Convention on the Elimination of All Forms of Discrimination against Women; Article 41 (1), Arab Charter; Article 12 (2) (a), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 13 (4) (g), African Youth Charter; Articles 34 (h) & 50, Charter of the Organisation of American States
The percentage of students who achieve the lowest passable grade or above in examinations taking place in the final year of secondary school (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.152)
Comments:
A low percentage may be indicative of poor learning outcomes, which in turn may be indicative of an inadequate quality of education. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls, persons with disabilities compared to the general population and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Public/Private, Child Labourers
Human Rights Standards:
Article 13 (1) (2) (3) (a), African Youth Charter; Article 29 (1) (a), Convention on the Rights of the Child
Mean performance on the reading scale is the mean reading score for students in national or international assessments
Comments:
A low mean value may be indicative of a general problem in the quality of education. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination. For this indicator it is important, when monitoring the right to education of persons with disabilities, to disaggregate the data by type of disability because for some types of disability there should be equality of learning outcomes, whilst for others measuring learning outcomes is not an adequate measure of the quality of education
Available data:
For data on learning outcomes, as measured by international assessments, see Edstats (SEARCH: Series > Topics > Learning Outcomes)
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Public/Private, Child Labourers, Level of Education
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
Mean performance on the mathematics scale is the mean mathematics score for students in national or international assessments
Comments:
A low mean value may be indicative of a general problem in the quality of education. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination. For this indicator it is important, when monitoring the right to education of persons with disabilities, to disaggregate the data by type of disability because for some types of disability there should be equality of learning outcomes, whilst for others measuring learning outcomes is not an adequate measure of the quality of education
Available data:
For data on learning outcomes, as measured by international assessments, see Edstats (SEARCH: Series > Topics > Learning Outcomes)
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Public/Private, Child Labourers, Level of Education
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
Mean performance on the science scale is the mean science score for students in national or international assessments
Comments:
A low mean performance on the science scale may be indicative of a general problem in the quality of education. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination. For this indicator it is important, when monitoring the right to education of persons with disabilities, to disaggregate the data by type of disability because for some types of disability there should be equality of learning outcomes, whilst for others measuring learning outcomes is not an adequate measure of the quality of education
Available data:
For data on learning outcomes, as measured by international assessments, see Edstats (SEARCH: Series > Topics > Learning Outcomes)
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Public/Private, Child Labourers, Level of Education
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
Percentage of students at the lowest level of reading proficiency is the percentage of students at the lowest level of proficiency on the reading scale in national or international assessments
Comments:
A high value indicates that a significant proportion of children are not enjoying education of good quality. For this indicator it is important to disaggregate the data and look at which marginalised groups make up the percentage of students at the lowest level of reading proficiency. Care must be taken when interpreting data for persons with disabilities. You should look at the data disaggregated by type of disability and assess whether the test is an accurate measure of the quality of education for persons with that particular disability
Available data:
For data on learning outcomes, as measured by international assessments, see Edstats (SEARCH: Series > Topics > Learning Outcomes)
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Public/Private, Child Labourers, Level of Education
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
Percentage of students at the lowest level of mathematics proficiency is the percentage of students at the lowest level of proficiency on the mathematics scale in national or international assessments
Comments:
A high percentage of students at the lowest level of mathematics proficiency reflects that a significant proportion of children are not enjoying education of good quality. For this indicator it is important to disaggregate the data and look at which marginalised groups make up the percentage of students at the lowest level of mathematics proficiency. Care must be taken when interpreting data for persons with disabilities. You should look at the data disaggregated by type of disability and assess whether the test is an accurate measure of the quality of education for persons with that particular disability
Available data:
For data on learning outcomes, as measured by international assessments, see Edstats (SEARCH: Series > Topics > Learning Outcomes)
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Public/Private, Child Labourers, Level of Education
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
Percentage of students at the lowest level of science proficiency is the percentage of students at the lowest level of proficiency on the science scale in national or international assessments
Comments:
A high percentage of students at the lowest level of science proficiency reflects that a significant proportion of children are not an enjoying education of good quality. For this indicator it is important to disaggregate the data and look at which marginalised groups make up the percentage of students at the lowest level of science proficiency. Care must be taken when interpreting data for persons with disabilities. You should look at the data disaggregated by type of disability and assess whether the test is an accurate measure of the quality of education for persons with that particular disability
Available data:
For data on learning outcomes, as measured by international assessments, see Edstats (SEARCH: Series > Topics > Learning Outcomes)
Levels of disaggregation: Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Public/Private, Child Labourers, Level of Education
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
Repetition rate is the proportion of pupils from a cohort enrolled in a given grade at a given school year of primary or secondary education who study in the same grade in the following school year (Source: UIS)
Comments:
A high repetition rate can be symptomatic of problems in the education system that affect the right to education, related to a variety of issues, such as the poor quality of instruction, the relevance and quality of the content of education, its cultural appropriateness, the safety of the school and the extent to which the education is adapted locally to suit specific contexts. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination
Available data:
For data on repetition rates at the primary level, see Edstats
Levels of disaggregation: Level of Education, Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention, Public/Private, Child Labourers
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
Private enrolment refers to pupils or students enrolled at a given level of education in institutions that are not operated by a public authority but controlled and managed, whether for profit or not, by a private body, such as a non-governmental organisation, religious body, special interest group, foundation or business enterprise.
Comments:
A high level of this indicator may be indicative of a poor quality of education in public schools, which typically has a particularly detrimental effect on poor children, whose families often cannot afford to pay private school fees. Furthermore, an increasing percentage over time of private enrolment at a given educational level could be indicative of worsening quality of education in public schools. The data for this indicator should be disaggregated to measure enrolment across and between groups, particularly boys compared to girls and persons with disabilities compared to the general population. This is important because a high differential in enrolment rates between and across groups may be indicative of discrimination in access to private education for certain groups. You should also collect disaggregated data by income as this can tell you about the socio-economic background of the students that the school targets
Available data:
UIS has data for enrolment rates in private institutions for all levels of education (Education>Participation>Enrolment>Enrolment by type of institution)
Levels of disaggregation: Level of Education, Gender, Income, Minority, Region, Urban/Rural, Persons with Disabilities, Migrants, Refugees and IDPs
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 2, Op Protocol 1, European Convention on Human Rights; Article 17 (1) (a), (Revised) European Social Charter; Article 13, Framework Convention for the Protection of National Minorities; Article 27 (3), ILO Convention 169
The percentage of schools where buildings used by students or teachers are damaged and thus pose a safety risk. Indications that a school building is in a state of disrepair include: a leaky or collapsing roof, broken windows, buckling floors and broken toilets (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.145)
Comments:
A high percentage of schools with buildings in a state of disrepair indicates that the learning environment is unsuitable and unsafe for learners, and is therefore incongruent with the right to a quality education. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
Human Rights Standards:
Article 13 (3), International Covenant on Economic, Social and Cultural Rights; Article 10 (b), Convention on the Elimination of All Forms of Discrimination against Women; Article 29, Convention on the Rights of the Child (CRC General Comment 1, paras 8 & 12)
The percentage of schools where there are not enough safe classrooms for instruction to take place (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.145)
Comments:
A high percentage of schools that have a shortage of classrooms reflects a problem in the availability of education. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
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
Percentage of schools with potable water is the share of schools at a given level of education with a drinking water facility or water delivery point that is designed to protect water from external contamination, particularly of fecal origin. Examples of potable drinking water facilities include: pipe-borne water, protected wells, boreholes, protected spring water and rainwater
Comments:
Access to potable water is important for ensuring hygienic practices within schools and reducing the spread of certain diseases which may affect pupils’ well-being or educational performance. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Available data:
For public primary and lower secondary schools in African countries, see EdStats (Africa Dataset)
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
Human Rights Standards:
Articles 11, 12 & 13 (2), International Covenant on Economic, Social and Cultural Rights; Paras 12 (c) (i) & 16 (b) of CESCR General Comment 15; Article 28 (1), Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Articles 11 (3) & 14 (2) (c), African Charter on the Rights and Welfare of the Child
Percentage of schools without toilets is the share of schools at a given level of education without a pit latrine, an improved pit latrine, a flush toilet, a pour-flush toilet or a composting toilet
Comments:
Access to toilets is important for ensuring hygienic practices within schools and reducing the spread of certain diseases which may affect pupils’ well-being or educational performance. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Available data:
For public primary and lower secondary schools in African countries, see EdStats (Africa Dataset)
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
Human Rights Standards:
Article 11, 12 & 13 (2), International Covenant on Economic, Social and Cultural Rights; Para 6 (a), CESCR General Comment 13; 12 (c) (i) & 16 (b) of CESCR General Comment 15; Article 28 (1), Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child
Percentage of schools without single-sex toilets is the share of schools without separate girls and boys toilets or single-sex educational institutions without toilets. Schools are counted as having toilets if they have a pit latrine, an improved pit latrine, a flush toilet, a pour-flush toilet or a composting toilet
Comments:
Lack of single-sex toilets in schools may deter parents from sending girls to school, particularly in traditional societies. It may also deter girls themselves from attending school or even cause them to drop-out. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Available data:
For public primary and lower secondary schools in African countries, see EdStats
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
Human Rights Standards:
Articles 11, 12 & 13 (2), International Covenant on Economic, Social and Cultural Rights; 12 (c) (i) & 16 (b), CESCR General Comment 15; Para 6 (a), CESCR General Comment 13; Article 28 (1), Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child; Article 10 (b), Convention on the Elimination of All Forms of Discrimination against Women
Percentage of schools without electricity is the share of schools with no access to permanent sources of electrical power, for example grid / mains connection, wind, water, solar, permanently fuel-powered generator, etc.
Comments:
Lack of electricity may undermine the use of various learning materials, such as computers, slide projectors, etc. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Available data:
For public primary and lower secondary schools in African countries, see EdStats (Africa Dataset)
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
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
Percentage of schools without a library is the share of schools without access to a library, either on school premises, a public library, the library of a nearby school or a mobile library
Comments:
Lack of access to a library may limit the access of children to books and other learning materials. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
Human Rights Standards:
Article 13, International Covenant on Economic, Social and Cultural Rights; Para 6 (a), CESCR General Comment 13; 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
Percentage of schools without computer facilities is the share of schools without computer facilities
Comments:
Lack of computer facilities may diminish learners' opportunities to receive an education of good quality, as well as learn skills that enhance future employability. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
Human Rights Standards:
Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Para 6 (a), CESCR General Comment 13; Articles 28 (1) & (3), 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 (4) (j), African Youth Charter; Article 41 (2), Arab Charter; Article 4, UNESCO Convention against Discrimination in Education
Percentage of schools without fire exits is the share of schools without a fire exit
Comments:
A high percentage of schools without fire exits reflects a problem in schools' safety. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
Human Rights Standards:
Article 13 (2) (e), International Covenant on Economic, Social and Cultural Rights
Percentage of schools without first-aid kits is the share of schools without first-aid kits
Comments:
A high percentage of schools without first-aid kits reflects an inability to address the health concerns of all those in school, including students, teachers and administrative staff. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
Human Rights Standards:
Articles 13 (2) & 12, International Covenant on Economic, Social and Cultural Rights; Articles 19 (1) & 28 (1) (2), 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
Pupil / teacher ratio is the number of pupils enrolled at a given level of education divided by the number of teachers at that level (regardless of teaching assignment)
Comments:
A high pupil / teacher ratio reflects a shortage of available teachers and may affect the quality of education received. It is important to disaggregate the data for this indicator, particularly across regions, urban compared to rural schools and public compared to private schools. This may reveal unequal enjoyment of quality education, which may be indicative of discrimination
Available data:
UIS (Education>Human Resources>Pupil-Teacher Ratio)
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
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
Transparent procedures include, inter alia, publicly available information about the requirements needed to apply for a teaching position for each level of education and the process for selecting the candidates
Comments:
Transparent and fair hiring procedures are essential to ensure that the best possible candidates are selected (which affects the quality of education), to prevent discriminatory practices in the hiring of teachers and to prevent corruption in the education system
Levels of disaggregation: Level of Education, Public/Private, Region
This indicator measures the number of years of education required for school teachers to meet certification requirements to teach at a given level of education (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.148)
Comments:
A low number of years of education required for teachers to meet certification requirements (especially compared with other countries) may be indicative of inadequate training for teachers, therefore potentially affecting the quality of education delivered
Levels of disaggregation: Level of Education, Public/Private, Region
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
This indicator provides information about the existence of standards for the qualification, training and recruitment of teachers at a given level of education which provide indications regarding the quality of education.
Comments:
Lack of legislative provisions or policies on teacher qualification, training and recruitment may be indicative of inadequate efforts by the State to ensure a good quality of education.
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Levels of disaggregation: Level of Education, Public/Private, Region
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Article 13; Convention on the Rights of the Child, Article 28; (Revised) European Social Charter Article 17.2; Protocol of San Salvador, Article 13; African Charter on the Rights and Welfare of the Child, Article 11; African Youth Charter, Article 13; Arab Charter, Article 41.2; UNESCO Convention against Discrimination in Education, Article 4.
See also non-binding instruments:
- ILO/UNESCO Recommendation Concerning the Status of Teachers, 1966 (Sections V, VI and VII )
- ILO Policy Guidelines on the promotion of decent work for early childhood education personnel, 2013 (Sections 4, 5 and 6)
- United Nations Secretary-General’s High-Level Panel on the Teaching Profession, 2024 (pages 6, 7)
Teacher training is crucial for ensuring the acceptability of education and fostering quality education. The Recommendations of the United Nations Secretary–General’s High-Level Panel on the Teaching Profession emphasise that ‘Teacher training should prepare teachers to provide a learner-centred quality education that is holistic, transformative, inclusive, effective and relevant, including through mother-language based education, where appropriate. It should be aligned to serve national development and wider sustainable development goals. Such preparation will develop teachers to be leaders and lifelong learners.’ The set of indicators provided here focuses on the different types of training that teachers receive including the pedagogical training. They can be assessed separately or together depending on the scope of the monitoring.
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Percentage of teachers who have received at least the minimum organised and recognised teacher pedagogical training (pre-service or in-service) at the relevant level
Total number of teachers who have received the minimum organised teacher training (pre-service or in-service) required for teaching at the relevant level of education in a given country, expressed as a percentage of the total number of teachers at the same level of education (Source: UIS)
Comments:
A low value for this indicator may be indicative that children are being taught by teachers who are not adequately trained, who may not have an adequate knowledge of the subject matter they teach, who do not have the necessary pedagogical skills to teach and may not use the available instructional materials in an effective manner. This would suggest a problem in the acceptability of the education system and the quality of education
Available data:
UIS (Indicator 4.c.1)
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Article 13, General Comment No. 13 (paras. 6.a and 50); Convention on the Rights of the Child, Articles 28 and 29, General Comment No.1 (para. 18); UNESCO Convention against Discrimination in Education, Article 4; (Revised) European Social Charter, Article 17 (2); Protocol of San Salvador, Article 13; African Charter on the Rights and Welfare of the Child, Article 11; African Youth Charter, Article 13; Arab Charter, Article 41 (2).
See also non-binding instruments:
- ILO Policy Guidelines on the promotion of decent work for early childhood education personnel
- The Recommendations of the United Nations Secretary–General’s High-Level Panel on the Teaching Profession
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Percentage of teachers trained in activity/play way methods of teaching and learning
Play-way method otherwise known as activity-based learning is critical for the holistic development of children in the areas of cognitive, social, physical, and emotional development. Article 31 of the Convention on the Rights of Child guarantees children the right to play and engage in recreational activities that are appropriate for their age. Interpreting the State’s obligation to implement this right, the Committee on the Rights of the Child highlights training of teachers and other professionals on playway methods as one of the key components. In its General Comment No. 17 (para. 58.h), the Committee recommends that ‘all professionals working with or for children, or whose work impacts children (Government officials, educators, health professionals, social workers, early years and care workers, planners and architects, etc.), should receive systematic and ongoing training on the human rights of children, including the rights embodied in article 31. Such training should include guidance on how to create and sustain environments in which the rights under article 31 can be most effectively realized by all children.’
Comment:
A high value for this indicator is indicative of State efforts to promote a participatory and playful learning environment, especially in the early years, and conformity to school curriculum concerning the aims of education.
Human Rights Standards:
Convention on the Rights of the Child, Articles 29.1(a) and 31, General Comment No. 17 (para. 58.h).
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Percentage of teachers and education support personnel trained on gender issues and gender sensitivity and the impact of gendered behaviours on teaching and learning processes
Integrating gender sensitivity in education is a practice of teaching students to respect all genders, challenging stereotypes and traditional roles, and promoting equality and respect. The Committee on the Elimination of all Forms of Discrimination Against Women recommends integrating gender equality education into all levels of education, starting from early childhood care and education. This requires adequate training for teachers as highlighted by the CEDAW Committee. In particular, General Comment No. 36 (para. 27.e) of CEDAW emphasises, ‘Instituting mandatory training of teaching staff at all levels of education on gender issues and gender sensitivity and the impact of gendered behaviours on teaching and learning processes.’ This indicator examines the percentage of teachers trained to teach gender equality to children
Human Rights Standards:
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Article 5(a)(b), General Comment No. 35 (para.30.b.i) and General Comment No. 36 (para. 27.e); Convention on the Rights of the Child, Article 29.1 (d).
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Percentage of teachers trained in imparting human rights education
Human Rights Education (HRE) stands to empower children and others to understand and integrate the fundamental human rights principles such as dignity, equality, and non-discrimination through an embedded learning process - that includes education, training and information. HRE is a core component of the right to education. It is one of the aims of education. Sustainable Development Goals Target 4.7 emphasises that learners should acquire knowledge and skills to promote sustainable development, human rights, gender equality, promotion of a culture of peace and non-violence, global citizenship, and appreciation of cultural diversity. Further, The Committee on the Rights of the Child recommends integrating human rights education into all levels of education, starting from early childhood care and education.
The integration of HRE in education requires equipping teachers with knowledge and skills through systematic training and teacher’s guides. Therefore, in its General Comment No. 1 (para.18), the Committee on the Rights of the Child emphasises the inclusion of HRE in the pre-service and in-service training of teachers, educational administrators and others involved in child education.
Human Rights Standards:
Convention on the Rights of Child, Article 29.1(b), General Comment No. 1 (paras.15 and 18), General Comment No. 7 (paras. 33 and 41); International Covenant on Economic, Social and Cultural Rights, Article 13, General Comment No. 13 (para. 4).
See also non binding instruments:
- Recommendation No. 33, Transforming the teaching profession: Recommendations of the United Nations Secretary-General’s High-Level Panel on the Teaching Profession.
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Percentage of teachers and education support personnel trained about child protection policies and non-violent forms of education
Violence against children is widespread, across different cultures and societies. States need to take various measures to protect children from all forms of violence. The Committee on the Rights of the Child provides various guidance on how States can meet their obligations to protect children from violence through a series of General Comments. Among them, one of the key aspects is training teachers, caretakers and all professionals working with or for children at all levels of education. For instance, General Comment No. 13 (para.44 d) recommends ‘providing initial and in-service general and role-specific training (including inter-sectoral where necessary) on a child rights approach to article 19 and its application in practice’ It also highlights integrating child protection policies into all professionals' educational curricula. The Tashkent Declaration (para.3(i) emphasises that ‘ECCE personnel should be trained to identify and respond to cases of abuse—including physical, psychological, and sexual violence—and to educate children, particularly girls, about their sexual and reproductive rights.’
Human Rights Standards:
Convention on the Rights of the Child, Articles 19.1 and 38.4, General Comment No. 8, (paras. 15, 38, and 48), General Comment No .13 (paras. 8, 42.b, 44.d, 49, 50 and 51).
See also non-binding instruments:
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding principles and strategies for transformational ECCE, para. 3.i).
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Percentage of teachers and education support personnel trained in handling emergencies
This indicator assesses if teachers and education support personnel are trained to prepare and respond before or between emergencies. This should be done as part of the State’s emergency preparedness efforts for reducing risks in education in emergencies such as climate disasters, health crises, conflicts, etc. The handbook published by the Global Education Cluster, recommends adapting a ‘system of training and equipping first responders ahead of emergencies.’ It further emphasises that disaster risk reduction, peace education and conflict management topics should be integrated into pre-service and in-service teacher training with good examples from other countries. Similarly, the Tashkent Declaration emphasises that the ‘training programs must be relevant to local contexts while also preparing personnel to address global challenges, such as climate change, conflicts, and crises’ (para. 3(i)).
Reference:
For more details about disaster risk reduction in emergencies and good practices refer to the Global Education Cluster’s handbook, ‘Disaster Risk Reduction in Education in Emergencies: A Guidance Note’ (2012) on the INEE website.
See also: INEE Minimum Standards, Standard 14: Training, Professional Development, and Support
Human Rights Standards:
Convention on the Rights of the Child, Articles 19.a and 38.4, General Comment No. 26, (paras. 53 and 54).
See also non-binding instruments:
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding principles and strategies for transformational ECCE, para. 3.i).
- ILO Policy Guidelines on the promotion of decent work for early childhood education personnel, (paras. 14 (j)(k), 120( d)(e).
Comments:
Levels of disaggregation: Level of Education, Urban/Rural, Public/Private, Region
Social security benefits cover all measures that provide benefits, whether in cash or kind, to secure protection, from (a) lack of work-related income (or insufficient income) caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member; (b) lack of access or unaffordable access to health care; (c) insufficient family support, particularly for children and adult dependants; and (d) general poverty and social exclusion. (Source: The ILO Social Security (Minimum Standards) Convention, 1952(No.102).
Comments:
A low percentage of teachers/education support personnel with social security benefits is indicative of a violation of their right to social security which may affect their motivation and service to provide quality education.
Levels of disaggregation: Public/Private; level of education
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Articles 9 and 13.2 (e); (Revised) European Social Charter, Article 12; UNESCO Recommendation concerning the Status of Teachers; ILO Social Security (Minimum Standards) Convention, 1952 (No.102), Section XI.
Teachers' union density rate is the number of teachers who are members of a teachers' union as a percentage of the total number of teachers. A teachers' union is defined as a teachers’ organisation constituted for the purpose of furthering and defending the interests of teachers
Comments:
A very low teachers' union density rate may be indicative of restrictions (in law or in practice) set by the government to prevent teachers becoming members of trade unions, thus infringing their right to freedom of assembly
Levels of disaggregation: Public/Private
Human Rights Standards:
Article 22, International Covenant on Civil and Political Rights; Article 8 & 13 (2) (e), International Covenant on Economic, Social and Cultural Rights; Article 11, European Convention on Human Rights; Article 5 (e) (ii), International Convention on the Elimination of All Forms of Racial Discrimination; Articles 10 & 11, African [Banjul] Charter on Human and Peoples' Rights; Article 16, American Convention on Human Rights; Article 8, Protocol of San Salvador; Articles 28 & 12, European Union Charter of Fundamental Rights; Articles 5 & 6, (Revised) European Social Charter; ILO Declaration on Fundamental Principles and Rights at Work; ILO Conventions 87 & 98; Article 35, Arab Charter
The proportion between the average teacher’s salary and other jobs in the public sector that require a similar level of education
Comments:
A low teachers' salary rate may indicate that teachers do not receive competitive salaries, which may deter the most competent persons from becoming teachers
Available data:
EdStats provides information on annual statutory teacher starting salaries in public pre-primary, primary, lower secondary and upper secondary schools
Levels of disaggregation: Level of Education, Gender, Public/Private, Urban/Rural, Region
Human Rights Standards:
Article 13 (2) (e), International Covenant on Economic, Social and Cultural Rights
Academic freedom is the liberty of members of the academic community, individually or collectively, to pursue, develop and transmit knowledge and ideas, through research, teaching, study, discussion, documentation, production, creation and / or writing
Comments:
Academic freedom is the freedom indispensable for scientific and academic research (see General Comment 13, paras 38-40) and is closely linked to the right to freedom of speech and expression. Without academic freedom the right to education cannot be enjoyed
Levels of disaggregation: Region, Public/Private
Human Rights Standards:
Articles 15 (3) & 13, International Covenant on Economic, Social and Cultural Rights; Paras 38-40, CESCR General Comment 13; Article 19, International Covenant on Civil and Political Rights; Article 13, European Union Charter of Fundamental Rights; Article 10, European Convention on Human Rights; Article 42 (2), Arab Charter
Examples of incidents of repression include teachers / professors who have criticised governments and have subsequently been removed from office, imprisoned, reported missing, reported killed, etc.
Comments:
Teachers must be free to enjoy their rights to freedom of assembly and association; thought, conscience and religion; expression; as well as the right to a fair trial; liberty and security; and life, amongst others. Incidents of repression are violations of these rights and also the right to education
Levels of disaggregation: Region, Public/Private
Human Rights Standards:
Articles 6 (1), 7 & 9, International Covenant on Civil and Political Rights; Articles 2, 3 & 5, European Convention on Human Rights; Articles 4-6, African [Banjul] Charter on Human and Peoples' Rights; Articles 5, 8 & 14, Arab Charter; Articles 4, 5 & 7, American Convention on Human Rights
The percentage of students for whom the actual (rather than straight line) distance they are required to travel in order to get to school from their house exceeds 5km
Comments:
A high percentage of the population for whom school is farther than 5km may be indicative of problems in the availability and physical accessibility of schools
Levels of disaggregation: Level of Education, Region, Urban/Rural, Public/Private
Human Rights Standards:
Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child
Percentage of household expenditure on education is the total average cost per month per family for a student in a school as a percentage of total household expenditure. Examples of educational expenses include: enrolment fees, tuition fees, uniforms, school supplies and educational materials, school meals and school transport and other payments necessary to effectively access education, such as payment for water, security etc.
Comments:
A high percentage of household expenditure on education may reflect a problem in the economic accessibility of public schools. It may also constitute a violation of the right to free education
Levels of disaggregation: Level of Education, Gender, Income, Region, Urban/Rural, Public/Private, Persons with Disabilities
Human Rights Standards:
Articles 23 (3) & 24( 2), Convention on the Rights of Persons with Disabilities; Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child; Article 13 (4) (a) (b), African Youth Charter; Article 41 (2), Arab Charter; Article 31 (2), Asean Human Rights Declaration; Article 14 (2), European Union Charter of Fundamental Rights
Marginalised groups are all those excluded from governmental policy and access to education including: women and girls, indigenous peoples and minorities, persons with disabilities, persons with HIV / AIDS, child labourers, persons in detention, migrants, refugees and IDPs, and persons living in poverty (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.145)
Comments:
Special funding systems (eg cash transfers) are often necessary to ensure full access to education for students from marginalised groups
Levels of disaggregation: Level of Education, Gender, Minority, Region, Urban/Rural, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons Living in Poverty, Persons with Disabilities, Child Labourers, Child Soldiers
Human Rights Standards:
Articles 13 (2) (b) & (e), International Covenant on Economic, Social and Cultural Rights; Article 28 (1) (b), Convention on the Rights of the Child; Article 10 (d), Convention on the Elimination of All Forms of Discrimination against Women; Article 11 (3) (e), African Charter on the Rights and Welfare of the Child; Article 12 (1) (a), Protocol to the African Charter on Human and Peoples’ Rights of Women; Article 10 (4) (b), (Revised) European Social Charter; Article 14 (4) (l), African Youth Charter
Pupil / textbook ratio is the average number of pupils for every textbook in schools
Comments:
Textbooks are one of the major teaching and learning resources used in schools. Given that a large number low income families cannot afford to buy their own textbooks, this is an important indicator related to equal access to quality education
Available data:
For the number of pupils per textbook (mathematics and reading only) in public primary schools in African countries, see EdStats (Africa Dataset)
Levels of disaggregation: Level of Education, Region, Urban/Rural
Human Rights Standards:
Article 13 (2) (a), International Covenant on Economic, Social and Cultural Rights; Article 28 (1) (a), Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13 (3) (a), Protocol of San Salvador; Article 11 (3) (a), African Charter on the Rights and Welfare of the Child
The requirement to present a birth certificate in order to enrol in school may be prescribed by local, regional or national law
Comments:
Such a requirement impairs access to education of children without birth certificates and may amount to discrimination
Human Rights Standards:
Article 30, Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; Article 22, Convention relating to the Status of Refugees; Articles 2 (2) (3) & 13 (2), International Covenant on Economic, Social and Cultural Rights; Para 34, CESCR General Comment 13; Article 2, Convention on the Rights of the Child; Article 3 (e), UNESCO Convention against Discrimination in Education
Seasonal migrants are persons employed in a State other than their own for part of the year because the work they perform depends on seasonal conditions
Comments:
Not allowing children of seasonal migrants to enrol in school prevents full access to education for such children
Levels of disaggregation: Level of Education
Human Rights Standards:
Article 30, Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; Article 22, Convention relating to the Status of Refugees; Article 28 (1), Convention on the Rights of the Child; Article 3 (e), UNESCO Convention against Discrimination in Education; Articles 2 (2) (3) & 13 (2), International Covenant on Economic, Social and Cultural Rights; Para 34, CESCR General Comment 13
Out-of-school children are all those excluded from education at a given level of education
Comments:
Check whether there are specific programmes for this purpose, whether they respond to a thorough diagnostic of the specific reasons in the country amongst specific groups for drop-outs and out-of school children; and whether these programmes are well-funded. If disaggregated data on numbers of out-of-school children shows that children from specific marginalised groups are disproportionately represented, check whether the State has adopted specific measures to encourage school attendance amongst children from those groups
Available data:
Human Rights Standards:
Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Article 28 (1) (a) (e), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c) (d), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3) (a) (d), Protocol of San Salvador; Articles 11 (3) (a) (d) (e) & 6, African Charter on the Rights and Welfare of the Child; Articles 13 (4) (c) (h), African Youth Charter; Article 41 (2), Arab Charter; Article 10 (f), Convention on the Elimination of All Forms of Discrimination against Women
Mechanisms by which stakeholders can contribute to the formulation and / or implementation of strategies to identify out-of-school children include: perception surveys, focus groups and public campaigns.
Comments:
Incorporating the input of parents, children and community leaders in the formulation and implementation of strategies for encouraging school attendance can often make these strategies more effective.
Human Rights Standards:
Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Article 28 (1) (a) (e), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c) (d), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3) (a) (d), Protocol of San Salvador; Articles 11 (3) (a) (d) (e) & 6, African Charter on the Rights and Welfare of the Child; Article 13 (4) (c) (h), African Youth Charter; Article 41 (2), Arab Charter; Article 10 (f), Convention on the Elimination of All Forms of Discrimination against Women
An example of such a measure is a programme that adapts education to students' specific circumstances to prevent further drop-outs
Comments:
Previously out-of-school children may require additional support given that they have already missed schooling and are, as a result, more likely to drop-out of school again
Human Rights Standards:
Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child
According to international human rights law, non-government schools must conform to minimum educational standards, as laid down or approved by the State. Minimum educational standards may relate to issues such as admission, curricula and the recognition of certificates
Comments:
The State has an obligation to ensure that minimum educational standards are met in schools not established by the public authorities, in order to ensure a decent quality of education for all
Human Rights Standards:
Articles 13 (3) & (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 2, Op Protocol 1, European Convention on Human Rights; Article 17 (1) (a), (Revised) European Social Charter; Article 27 (3), ILO Convention 169; Articles 4 (b) & 5 (b), UNESCO Convention against Discrimination in Education
According to international human rights law, non-government schools must conform to minimum education standards, as laid down or approved by the State. In order to ensure that this is the case, there must be a body to oversee whether these standards are met
Comments:
The State is responsible for ensuring minimum education standards are met in non-government schools and as such must establish a monitoring body to oversee whether these standards are met
Human Rights Standards:
Articles 13 (3) & (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 2, Op Protocol 1, European Convention on Human Rights; Article 17 (1) (a), European Social Charter; Article 27 (3), ILO 169 ; Articles 4 (b) & 5 (b),UNESCO Convention against Discrimination in Education
Comments:
Established mechanisms that enable parents, children and / or community leaders to contribute to defining school curricula can help make education relevant, culturally appropriate and adaptable to suit specific contexts - all essential elements of the right to education
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
Comments:
According to international human rights law, one of the aims of education is to "enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups" (Article 13, International Covenant on Economic, Social and Cultural Rights)
Human Rights Standards:
Article 13 (1), International Covenant on Economic, Social and Cultural Rights; Articles 29 (1) (c) & (d), Convention on the Rights of the Child; Article 7, International Convention on the Elimination of All Forms of Racial Discrimination; Article 31, ILO Convention 169; Article 5 (1) (a), UNESCO Convention against Discrimination in Education; Article 13 (2), Protocol of San Salvador; Article 11 (2) (d), African Charter on the Rights and Welfare of the Child; Article 13 (3) (c), African Youth Charter; Article 31 (3), Asean Human Rights Declaration; Paras 4, 11 & 19, CRC Child General Comment 1
Comments:
Such mechanisms are necessary to ensure that textbooks used in all schools - whether public or private - comply with minimum quality standards and that they contribute to promoting respect for human rights, equality of the sexes and tolerance among all peoples, ethnic, national and religious groups and persons of indigenous origin
Human Rights Standards:
Article 13, International Covenant on Economic, Social and Cultural Rights; Article 28, Convention on the Rights of the Child; Article 13, Protocol of San Salvador; Article 11, African Charter on the Rights and Welfare of the Child; Article 17 (2), (Revised) European Social Charter; Article 13, African Youth Charter; Article 41, Arab Charter; Article 4, UNESCO Convention against Discrimination in Education Provisions on textbooks: Parags 18, 22 & 25, Committee on the Rights of the Child General Comment 1; Article 10 (c), Convention on the Elimination of All Forms of Discrimination against Women; Article 31, ILO Convention 169; Article 12 (1) (b), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 12, Framework Convention for the Protection of National; Article 24 (4), Convention on the Rights of Persons with Disabilities
Comments:
In order to ensure that education is compliant with the aims of education and of good quality, the learning materials used must not promote or depict discriminatory views
Human Rights Standards:
Article 13 (1), International Covenant on Economic, Social and Cultural Rights; Article 29 (1), Convention on the Rights of the Child; Article 10 (c), Convention on the Elimination of All Forms of Discrimination against Women; Article 13 (2), Protocol of San Salvador; Article 11 (2) (d), African Charter on the Rights and Welfare of the Child; Articles 12 (1) (b) & (2) (b), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 6 (b), Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women
Comments:
Monitoring whether teachers have a good command of the language in which they teach is necessary to ensure education of good quality
Human Rights Standards:
Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Articles 28 (1) & 29 (1) (c), Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child; Article 24 (3) (4), Convention on the Rights of Persons with Disabilities; Article 28, ILO Convention 169; Article 50, Geneva Convention IV; Article 20 (1) (f), African Youth Charter; Article 8, European Charter for Regional or Minority; Article 14, Framework Convention for the Protection of National Minorities
Comments:
According to the UN Committee on the Rights of the Child, education must focus on the following aims: (a) The full development of the child’s personality, talents and mental and physical abilities; (b) The development of respect for human rights and fundamental freedoms; (c) The development of respect for the child’s parents, cultural identity, language and values, as well as respect for the values of the child’s country and other civilisations; (d) The development of the child’s responsibilities in a free society, including understanding, peace, tolerance, equality, and friendship among all persons and groups; (e) The development of respect for the natural environment
Human Rights Standards:
Article 13 (1), International Covenant on Economic, Social and Cultural Rights; Article 29 (1), Convention on the Rights of the Child; Article 11 (2), African Charter on the Rights and Welfare of the Child
Comments:
Continual professional development for teachers throughout their careers may be necessary to ensure the quality of education and its relevance to changing circumstances
Human Rights Standards:
Article 13 (1), International Covenant on Economic, Social and Cultural Rights; Article 29 (1), Convention on the Rights of the Child; Article 13 (2), Protocol of San Salvador; Article 11 (2) (a), African Charter on the Rights and Welfare of the Child, Section VI, Recommendation concerning the Status of Teachers
Comments:
Without such incentives, experienced and / or well-trained teachers may prefer to work in the main urban areas or the most well-off neighbourhoods, which may in turn have a discriminatory effect on the quality of education children living in remote rural areas or poor neighbourhoods receive
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
The relevant international and regional human rights treaties include: International Covenant on Economic, Social and Cultural Rights (and its Optional Protocol), International Convention on the Elimination of All Forms of Racial Discrimination (and recognised the competence of CERD to receive complaints under Article 14 of International Convention on the Elimination of All Forms of Racial Discrimination), Convention on the Elimination of All Forms of Discrimination against Women (and its Optional Protocol), Convention on the Rights of the Child, Convention on the Rights of Persons with Disabilities (and its Optional Protocol), UNESCO Convention against Discrimination in Education, Convention relating to the Status of Refugees, Geneva Convention Relative to the Treatment of Prisoners of War, Geneva Convention relative to the Protection of Civilian Persons in Time of War, ILO Minimum Age Convention, ILO Worst Forms of Child Labour Convention, UNESCO Convention on Technical and Vocational Education, ILO Indigenous and Tribal Peoples Convention.
In Europe: Protocol 1 to the European Convention on Human Rights, (Revised) European Social Charter (including Article 17), Framework Convention for the Protection of National Minorities, European Charter for Regional or Minority Languages, European Convention on the Legal Status of Migrant Workers, OSCE Helsinki Final Act.
In the Americas: Charter of the Organization of American States, American Convention on Human Rights Protocol of San Salvador.
In Africa: African Charter on Human and Peoples’ Rights, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, African Charter on the Rights and Welfare of the Child
Comments:
The international human rights treaties relevant to the right to education ratified by the State provide a normative framework for the human rights commitments of the State regarding its obligations to implement the right to education. When using this indicator you should check whether the State has ratified the most relevant international human rights treaty, for example, if your project focuses on the right to education of girls, you should check whether the State has ratified the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol
Available data:
For information on ratification status see, here.
This indicator measure the extent to which and which aspects of the right to education are guaranteed in law at the highest level
Comments:
Does the constitution provide for free and compulsory primary education? Does it provide for progressively free secondary education, including technical and vocational education? Does it provide for progressively free tertiary education on the basis of capacity? Does it provide for basic education for adults who have not received or completed the whole period of their primary education?
Available data:
Human Rights Standards:
Article 2 (1), International Covenant on Economic, Social and Cultural Rights
States have the obligation to implement the right to education into their domestic legal order, particularly through the adoption of laws. This indicator examines the various provisions in domestic law that protect the right to education.
Comments:
Domestic laws should cover all levels and dimensions of the right to education, including provisions related to free access, quality and non-discrimination.
Available data:
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Articles 2.1, 13, and 14; Convention on the Rights of the Child, Articles 28 and 29; Convention on the Elimination of All Forms of Discrimination against Women, Article 10 (a); International Convention on the Protection of the Rights of All Migrant Workers and Their Families, Article 30.
For a comprehensive list of the international legal instruments and their interpretations, see the Right to Education Initiative, International Legal Framework as well as the issues pages for specific dimensions of the right to education. For instance, for ECCE, check the specific international framework that applies to ECCE.
This indicator examines whether discrimination, both direct and indirect, are legally prohibited
Comments:
Check on which grounds discrimination is forbidden: age, gender, race, ethnicity, colour, origin, language, status, opinion, sexual orientation, disability, socio-economic status, and other pertinent grounds
Available data:
Human Rights Standards:
Article 5 (e) (v), International Convention on the Elimination of All Forms of Racial Discrimination; Article 10, Convention on the Elimination of All Forms of Discrimination against Women; Article 24 (1), Convention on the Rights of Persons with Disabilities; Article 12 (1) (a), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
This indicator refers to the number of such incidents in the last 12 months
Comments:
A high incidence of reported school closures may reflect a problem in the availability of education
Levels of disaggregation: Level of Education, Region, Public/Private, Urban/Rural
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 2 (c), UNESCO Convention against Discrimination in Education (This article does however say 'when permitted' with regards to private schools which is problematic); Article 13, Framework Convention for the Protection of National; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Articles 50 & 94, Geneva Convention IV; Article 52 & 78, Additional Protocol to the Geneva Conventions
This indicator measures the proportion of teachers who are not in school although they were expected to be teaching when visited by a survey team, out of all teachers who were expected to be teaching
Comments:
The standard tool to measure this indicator is unannounced visits to schools to determine the percentage of teachers not on site. For this indicator, administratively approved leave for professional development, field trips or other off-school activities with students is not counted as a teacher's absence. A high teacher absenteeism rate may reflect a problem in the availability of education
Levels of disaggregation: Level of Education, Region, Urban/Rural, Public/Private
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
Comments:
Check if measures or programmes adopted by the State to reduce teacher absenteeism take into account the specific factors that contribute to this phenomenon in the country, which may include, inter alia, school material conditions, administrative breakdowns (eg non-payment of salaries), health (including care for family members in the absence of any other social care structure) and inadequate transportation systems. In a country with high levels of teacher absenteeism, lack of specific measures to combat this problem may constitute a violation of the State's obligation to make education accessible
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
Comments:
In countries with traditional societies, such campaigns may be an important strategy to increase girls' access to education
Levels of disaggregation: Level of Education, Region, Urban/Rural
Human Rights Standards:
Article 10 (a), Convention on the Elimination of All Forms of Discrimination against Women; Article 12 (1) (a), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Para 30, CESCR General Comment 16
The gender pay gap is the difference between male and female earnings expressed as a percentage of male earnings. It is calculated by dividing the median annual earnings for women by the median annual earnings for men
Comments:
A high gender pay gap may reduce the willingness of parents to make sacrifices for their girls’ schooling when they have reason to doubt that schooling will significantly benefit the girl in question
Human Rights Standards:
Article 10 (a), Convention on the Elimination of All Forms of Discrimination against Women; Article 11 (3) (e), African Charter on the Rights and Welfare of the Child; Article 12 (1) (a), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
Child marriage is defined as a marriage where at least one party is under the age of 18
Comments:
Child marriage could interfere with school attendance
Human Rights Standards:
Article 28 (1) (e); Article 10 (f) & 16 (2), Convention on the Elimination of All Forms of Discrimination against Women; Article 24 (3) & 16 (2) Convention on the Rights of the Child; Article 12 (2) (c), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
Comments:
In some countries, despite the fact that a minimum age for marriage is stipulated by law, the practice of child marriage below that minimum age continues
Levels of disaggregation: Region, Urban/Rural
Human Rights Standards:
Articles 28 (1) (e), 10 (f) & 16 (2), Convention on the Elimination of All Forms of Discrimination against Women; Articles 24 (3) & 16 (2), Convention on the Rights of the Child; Article 12 (2) (c), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
Female teachers, headteachers and supervisors as a percentage of total number of teachers, headteachers and supervisors respectively in a given level of education (includes full-time and part-time teachers)
Comments:
Female teachers are important as they serve as role models to girls and help to attract and retain girls in school. Female headteachers and supervisors are important to ensure that a gender perspective is fully incorporated in schools
Available data:
Levels of disaggregation: Level of Education, Region, Urban/Rural, Public/Private
Human Rights Standards:
Article 10 (a) & 11 (1), Convention on the Elimination of All Forms of Discrimination against Women; Article 12 (1) (a), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article (6) (2), Protocol of San Salvador
Comments:
Without an explicit prohibition, school principals may have the authority to arbitrarily decide to expel girls who are pregnant or have a baby, thereby violating their right to education
Human Rights Standards:
Article 11 (6), African Charter on the Rights and Welfare of the Child; Article 13 (4) (h), African Youth Charter; Articles 12 (1) (a) (c) & (d), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 24, Convention on the Rights of the Child; Para 56, Committee on the Rights of the Child General Comment 14; Article 7, International Covenant on Civil and Political Rights
This indicator measures the number of reported incidents in the last 12 months
Comments:
If the number of reported incidents is high, you should check whether it is because of a lack of appropriate legislation forbidding such incidents or whether it is because of the lack of enforcement of relevant legislation
Human Rights Standards:
Article 11 (6), African Charter on the Rights and Welfare of the Child; Article 13 (4) (h), African Youth Charter; Articles 12 (1) (a) (c) & (d), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 24, Convention on the Rights of the Child; Para 56, Committee on the Rights of the Child General Comment 14; Article 7, International Covenant on Civil and Political Rights
This indicator measures the number of reported incidents in the last 12 months
Comments:
If the number of reported incidents is high, you should check whether it is because of a lack of appropriate legislation forbidding such incidents or whether it is because of the lack of enforcement of relevant legislation
Human Rights Standards:
Article 10 (a), Convention on the Elimination of All Forms of Discrimination against Women; Article 10 (2), International Covenant on Economic, Social and Cultural Rights; Paras 10 (a) & 31, CESCR General Comment 20
Comments:
According to human rights standards, minorities have the freedom to establish their own schools and this should be protected by domestic law. At the same time, such schools should comply with minimum educational standards as set or approved by the State
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; para 30 of CESCR General Comment 13; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 2, Protocol 1, European Convention on Human Rights ; Article 5, UNESCO Convention against discrimination in Education; Article (27) (3), ILO Convention 169; Article 13, Framework Convention for the Protection of National Minorities
Comments:
Children belonging to language minorities have the right to learn their own language since the right to speak, promote and protect one’s language is an essential aspect of belonging to a minority. At the same time, they also have the right to learn the official State language in order to fully integrate into wider society
Levels of disaggregation: Region, Urban/Rural, Minority
Human Rights Standards:
Article 27, International Covenant on Civil and Political Rights; Article 30, Convention on the Rights of the Child; Article 14, Framework Convention for the Protection of National Minorities; Articles 8(1) (a) (i) (b) (i) (c) (i) (d) (i) (e) (i) (f) (i), European Charter for Regional or Minority Languages; Article 28, ILO Convention 169; Article 5 (c) (i), UNESCO Convention against Discrimination in Education
This indicator measures the number of reported incidents of racism or xenophobia or any type of discrimination or related intolerance in school/educational institutions against students from specific groups during the last 12 months.
If the number of reported incidents is high, you should check whether it is because of a lack of appropriate legislation forbidding such incidents or whether it is because of the lack of enforcement of relevant legislation.
Specific groups include:
Children from Indigenous Peoples and Minority families.
Children from different racial, ethnic, caste and religious identities that are in disadvantaged positions.
Children from Migrants, Refugees, IDPs and Asylum seeker families.
Comments:
Human Rights Standards:
International Convention on the Elimination of All Forms of Racial Discrimination, Articles 5 & 7; Convention on the Rights of the Child, Articles 2, 29.1 (c) (d), General Comment No. 1 (Paras. 4, 11, 19); International Covenant on Economic, Social and Cultural Rights, Articles 2.2, 13.1, General Comment 20; International Covenant on Civil and Political Rights, Article 20.2; UNESCO Convention against Discrimination in Education, Article 5.1 (a); Protocol of San Salvador, Article 13.2; African Charter on the Rights and Welfare of the Child, Article 11.2 (d); African Youth Charter, Article 13.3 (c);
See also non-binding instruments:
ASEAN Human Rights Declaration, Article 31.3.
Minority teachers ratio is the percentage of teachers belonging to minority groups out of the total of teachers for a given level of education
Comments:
A minority teachers ratio significantly lower than the proportion of that minority in the country may contribute to the lack of cultural adaptability of education to the needs of children belonging to that minority
Human Rights Standards:
Article 8 (2), European Charter for Regional or Minority Languages; Article 27, International Covenant on Civil and Political Rights; Article 30 Convention on the Rights of the Child; Article 7 International Convention on the Elimination of All Forms of Racial Discrimination; Para 62, Committee on the Rights of the Child General Comment 11; Article 28, ILO 169; Article 5 (c), UNESCO Convention against Discrimination in Education; Articles 12 (1) (2) & 14, Framework Convention for the Protection of National Minorities
Comments:
A significantly low percentage of teachers not belonging to minority groups trained in minority culture or languages may contribute to the lack of cultural adaptability of education to the needs of children belonging to minority groups, particularly if it is combined with a low percentage of teachers belonging to minority groups
Human Rights Standards:
Article 8 (2), European Charter for Regional or Minority Languages; Article 27, International Covenant on Civil and Political Rights; Article 30, Convention on the Rights of the Child; Article 7, International Convention on the Elimination of All Forms of Racial Discrimination; Article 29 (1) (c), Convention on the Rights of the Child; Para 62, Committee on the Rights of the Child General Comment 11; Article 28, ILO Convention 169; Article 5(c), UNESCO Convention against Discrimination in Education; Article 50, Geneva Convention 4; Articles 12 (1) (2) & 14, Framework Convention for the Protection of National Minorities
Such mechanisms could include, for example, perception surveys, focus groups and public campaigns
Comments:
Such mechanisms are necessary to ensure that education will be adapted to the specific needs of minorities
Human Rights Standards:
Articles 22 (2) (3), 27 & 28 (1) ILO Convention 169; Article 29 (1), Convention on the Rights of the Child; Para 22, Committee on the Rights of the Child General Comment 1
Comments:
Lack of mobile schools may hinder children of nomads enjoying the right to education
Human Rights Standards:
Article 14 (2), Framework Convention for the Protection of National Minorities; Article 14, Declaration on the Rights of Indigenous Peoples; Para 61 of Committee on the Rights of the Child General Comment 11; Articles 22 (2) (3), 26, 27 (1) & 28 (1) (2), ILO Convention 169
(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.145)
Comments:
Check if the legislation makes provision for the necessary equipment and support to enable students with disabilities to attend school
Human Rights Standards:
Articles 4 (1) (a) (b) (d) (e), 2, 3, 4, 5 & 24, Convention on the Rights of Persons with Disabilities; Article 13, International Covenant on Economic, Social and Cultural Rights; Paras 13, 16, & 35, CESCR General Comment 5; Para 59, CESCR General Comment 13; Article 3 (1) (a), Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities
This indicator measures the rate of children with disabilities enrolled in mainstream schools in a given level of education as a percentage of the total number of children with disabilities in that level of education
Comments:
Children with disabilities should not be excluded from the general education system on the basis of disability
Levels of disaggregation: Type of Disability, Level of Education, Region, Urban/Rural
Human Rights Standards:
Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Paras 66 & 67 of Committee on the Rights of the Child GC 9; Article 24 (2), Convention on the Rights of Persons with Disabilities; Articles 17 (2) & 15 (1), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child; Article 7 (2) (c), ILO Convention 182; Article 13 (4) (a) (b), African Youth Charter; Articles 40 & 41(2) Arab Charter
Comments:
Without such special funding system, it may not be possible for some children with disabilities to have effective access to education
Human Rights Standards:
Article 13 (2) (e), International Covenant on Economic, Social and Cultural Rights; Articles 28 (1) & 23(c), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Articles 17 (2), 15 (1) & 10 (5) (b), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child; Article 13 (4) (a) (b), African Youth Charter; Articles 40 & 41 (2) Arab Charter
Reasonable accommodation means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms
Comments:
Lack of reasonable accommodation measures may impair the access of children with disabilities to mainstream schools
Human Rights Standards:
Articles 24 (2) (c) & (5), Convention on the Rights of Persons with Disabilities; Article 23 (a), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 3 (1), Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities; Article 40, Arab Charter
This indicator measures the percentage of teachers in mainstream schools who have one or more children with disabilities who are specifically trained to teach children with disabilities out of the total number of teachers in such schools teaching children with disabilities
Comments:
Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication (eg sign language and / or Braille), educational techniques and materials to support persons with disabilities
Levels of disaggregation: Type of Disability, Level of Education, Region, Urban/Rural, Public/Private
Human Rights Standards:
Article 29, Convention on the Rights of the Child; Paras 62 & 67 of Committee on the Rights of the Child General Comment 9; Article 13, International Covenant on Economic, Social and Cultural Rights; Para 35 of CESCR General Comment; Article 24 (4), Convention on the Rights of Persons with Disabilities
Special support may include, inter alia, special working conditions such as additional pay and a lower teacher / pupil ratio
Comments:
Teachers in mainstream schools who have pupils with disabilities need special support to allow them to provide the necessary support to those children and to help them integrate into classes
Levels of disaggregation: Level of Education, Region, Urban/Rural
Human Rights Standards:
Articles 24 (2) (c) (3) (4) & (5), Convention on the Rights of Persons with Disabilities; Article 13, International Covenant on Economic, Social and Cultural Rights; Para 35, CESCR General Comment 5; Article 29, Convention on the Rights of the Child; Paras 62 & 67, Committee on the Rights of the Child General Comment 9
This indicator measures the rate of children with disabilities enrolled in special schools at a given level of education as a percentage of the total number of children with disabilities at that level of education
Comments:
A significantly high percentage of children with disabilities enrolled in special schools may reflect that the State is not making sufficient efforts for reasonable accommodation of children with disabilities in mainstream schools. A significantly low percentage may reflect that the State does not provide sufficient special schools for children with disabilities who cannot be integrated in mainstream schools
Levels of disaggregation: Type of Disability, Level of Education, Region, Urban/Rural, Public/Private
Human Rights Standards:
Article 28 (1), Convention on the Rights of the Child; Para 67 of Committee on the Rights of the Child General Comment 9; Article 13 (2); International Covenant on Economic, Social and Cultural Rights; Article 24; Convention on the Rights of Persons with Disabilities; Articles 15 (1) & 17 (2), (Revised) European Social Charter; Article 13 (3) (e), Protocol of San Salvador; Article 13, African Charter on the Rights and Welfare of the Child; Article 13 (4) (g), African Youth Charter
Comments:
Such complaint mechanisms are necessary to ensure that children with disabilities are only sent by the State to study in special schools under strict conditions which are clearly and strictly set
Human Rights Standards:
Article 24 (2), Convention on the Rights of Persons with Disabilities
This indicator measures the average household expenditure on education, as a percentage of their total expenditure in the last 12 months
Comments:
If the percentage of household expenditure on education for households with children with disabilities is significantly high, check whether the State provides special funding to households with children with disabilities, so that the burden of sending them to school is not prohibitively high
Levels of disaggregation: Public/Private
Human Rights Standards:
Articles 23 (3) & 24 (2), Convention on the Rights of Persons with Disabilities; Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child; Article 13 (4) (a) (b), African Youth Charter; Article 41 (2), Arab Charter; Article 31 (2), ASEAN Human Rights Declaration; Article 14 (2), European Union Charter of Fundamental Rights
Examples of documents include passports, residency permits and birth certificates
Comments:
Such requirements may impair access to education to children of undocumented migrants
Human Rights Standards:
Article 30, Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; Article 22, Convention relating to the Status of Refugees; Articles 2 (2) (3) & 13 (2), International Covenant on Economic, Social and Cultural Rights; Articles 2 & 28 (1), Convention on the Rights of the Child; Article 3 (e), UNESCO Convention against Discrimination in Education; Para 34 of CESCR General Comment 13; Article 9 (2) (b), Kampala Convention
Comments:
A high incidence of expulsions from school due to loss of residency permits reflects a denial of access to education to this group of children
Human Rights Standards:
Article 30, Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; Article 22, Convention relating to the Status of Refugees; Articles 2 (2) (3) & 13 (2), International Covenant on Economic, Social and Cultural Rights; Articles 2 & 28 (1), Convention on the Rights of the Child; Article 3 (e), UNESCO Convention against Discrimination in Education; Para 34 of CESCR General Comment 13; Article 9 (2) (b), Kampala Convention
Comments:
Without such arrangements, this group of children would be denied access to education
Human Rights Standards:
Article 30, Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; Article 22, Convention relating to the Status of Refugees; Articles 2 (2) (3) & 13 (2), International Covenant on Economic, Social and Cultural Rights; Articles 2, 22 (1) & 28 (1), Convention on the Rights of the Child; Article 3 (e), UNESCO Convention against Discrimination in Education; Para 34, CESCR General Comment 13; Article 9 (2) (b), Kampala Convention
"Every juvenile of compulsory school age has the right to education suited to his or her needs and abilities and designed to prepare him or her for return to society. Such education should be provided outside the detention facility in community schools wherever possible and, in any case, by qualified teachers through programmes integrated with the education system of the country so that, after release, juveniles may continue their education without difficulty " (Rule 38, Rules for the Protection of Juveniles Deprived of their Liberty)
Comments:
Without such arrangements, this group of children would be denied access to education and the opportunity to integrate back into society after release
Levels of disaggregation: Level of Education
Human Rights Standards:
Article 77 (2), Standard Minimum Rules for the Treatment of Prisoners; Rule 38, Rules for the Protection of Juveniles Deprived of their Liberty; Article 10 (3), International Covenant on Civil and Political Rights
Comments:
Such information and guidance may be necessary to ensure that this group of children can be fully reintegrated into society once they are released from prison
Human Rights Standards:
Rules 38, 42 & 43, Rules for the Protection of Juveniles Deprived of their Liberty; Article 10 (3), International Covenant on Civil and Political Rights; Article 71 (5), Standard Minimum Rules for the Treatment of Prisoners; Rule 26 (1) (2), United Nations Standard Minimum Rules for the Administration of Juvenile Justice
For example literacy programmes
Comments:
Provision shall be made for the further education of all prisoners capable of profiting, particluarly of adult prisoners who have low literacy skills
Human Rights Standards:
Articles 77 (1) & 75 (2), Standard Minimum Rules for the Treatment of Prisoners; Article 10 (3), International Covenant on Civil and Political Rights
Comments:
According to international human rights standards, every prison should have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books
Human Rights Standards:
Rule 40, Standard Minimum Rules for the Treatment of Prisoners; Rule 41, Rules for the Protection of Juveniles Deprived of their Liberty
The relevant international and regional human rights treaties include: Convention on the Elimination of All Forms of Discrimination against Women (and its Optional Protocols) International Covenant on Economic, Social and Cultural Rights (and its Optional Protocols), Convention on the Rights of the Child, and UNESCO Convention against Discrimination in Education.
In Europe: Protocol 1 to the European Convention on Human Rights, and (Revised) European Social Charter (including Article 17)
In the Americas: Charter of the Organization of American States, American Convention on Human Rights Protocol of San Salvador.
In Africa: Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, African Charter on Human and Peoples’ Rights, and African Charter on the Rights and Welfare of the Child
Comments:
The international human rights treaties relevant to the right to education of girls and women ratified by the State provide a normative framework for the human rights commitments of the State regarding its obligations to implement the right to education of girls and women.
It may also be worth checking whether reservations or declarations have been made which limit the domestic applicability of relevant provisions
Available data:
For information on ratification status see, here
Comments:
Such legislation may be necessary to prevent this type of discrimination which is common in many countries
Human Rights Standards:
Article 2 (2), International Covenant on Economic, Social and Cultural Rights; Paras 33 & 37 of CESCR General Comment 20; Article 2 & 4 Convention on the Rights of the Child; Paras 9 & 40 (c), Committee on the Rights of the Child General Comment 3; Article 3 (b) (c), ILO Convention 111
Comments:
If the number of reported incidents is high, you should check whether it is because of a lack of appropriate legislation forbidding such incidents or whether it is because of the lack of enforcement of relevant legislation
Human Rights Standards:
Article 2 (2), International Covenant on Economic, Social and Cultural Rights; Para 33, CESCR General Comment 20; Article 2, Convention on the Rights of the Child; Para 9, Committee on the Rights of the Child General Comment 3; Article 1 (a) (b), ILO Convention 111
Comments:
Such programmes may be necessary given widespread misinformation about HIV/AIDS
Human Rights Standards:
Article 2(2), International Covenant on Economic, Social and Cultural Rights; Paras 33, 38, 39 & 40 of CESCR General Comment 20 ; Articles 24 (2) (e) (f), 13 & 17, Convention on the Rights of the Child; Paras 16-18 Committee on the Rights of the Child General Comment 3; Article 3 (b), ILO Convention 111; Article 13 (3) (F), African Youth Charter
Corporal punishment is defined by the UN Committee on the Rights of the Child as: "any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light" (Committee on the Rights of the Child, General Comment 8)
Comments:
Corporal punishment of children breaches their fundamental human rights to respect for human dignity and physical integrity. You should check that corporal punishment is prohibited both in the home and at school
Available data:
Global Initiative to End All Corporal Punishment of Children
Human Rights Standards:
Articles 4, 19 & 28 (2), Convention on the Rights of the Child; Articles 2 (2) & 7, International Covenant on Civil and Political Rights; Article 11 (5), African Charter on the Rights and Welfare of the Child; Article 3, European Convention on Human Rights; Article 17 (1) (b), (Revised) European Social Charter; Rule 67, United Nations Rules for the Protection of Juveniles Deprived of their Liberty; Article 16, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The government should be able to requisition public facilities (libraries, sports facilities, community centers) to ensure the continuity of learning activities for students that are not able to continue their studies because of attacks on education. Classes should be relocated to other public spaces that ensure the safety of students, teachers and personnel and guarantee the continuity of education.
Comments:
Military training in and around educational institutions puts at risk not only the infrastructure of schools and universities but also the safety of students, teachers and staff, both in and while traveling to and from school. They could also raise fears and increase a general climate of insecurity and instability that may prevent students from going to school, parents from sending their children from school, and teachers from going to work - thus having an impact on absenteeism or drop-out rates.
Comments:
Comments:
If occupying forces uphold continued schooling during an occupation but the state does not recognise the diplomas delivered during the occupation, students’ right to education is not fully recognised. It may affect transition and completion rates and eventually lead to an increase of the drop-out rate.
Human Rights Standards:
Articles 24, 50 & 94, Geneva Convention IV relative to the Protection of Civilian Persons in Time of War.
Affirmative actions should be understood as targeted temporary actions aiming to facilitate access, participation, and completion of marginalised groups that are underrepresented in different levels of education.
Comments:
Education is a means to fight against structural inequalities, to ensure social justice and to guarantee both personal and societal sustainable development. The Committee on Economic, Social and Cultural Rights (CESCR) has recognized that affirmative action is means to bring about de facto equality for men and women as well as for disadvantaged groups such as indigenous peoples, cultural and linguistic minorities, persons with disabilities, etc. Affirmative actions should be discontinued once the intended equality outcomes are achieved. Examples of affirmative actions are tuition grants and scholarships targeting students from low-income families, racialized quota policies targeting students that have been subject to systemic racial discrimination, inclusion and non discrimination campaigns aiming persons with disabilities, etc.
This indicator can be broken down into specific categories, for e.g.:
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Are there any affirmative action policies aiming to reduce inequalities based on sex, gender identity or sexual orientation? (Such as tuition subsidies, grants, quotas, etc.)?
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Are there any affirmative action policies aiming to reduce inequalities based on racial, ethnic, caste, religious identity and indigenous or autochthonous status? (Such as tuition subsidies, grants, quotas, etc.)?
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Are there any affirmative action policies aiming to reduce inequalities based on nationality and/or migration status (such as tuition subsidies, grants, quotas, etc.)?
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Are there any affirmative action policies aiming to reduce inequalities for persons with disabilities? (Such as tuition subsidies, grants, quotas, etc.)?
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Are there any affirmative action policies aiming to reduce inequalities for students from low-income families (such as tuition subsidies, grants, quotas, etc.)?
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Are there any affirmative action policies aiming to reduce inequalities for first generation students (such as tuition subsidies, grants, quotas, etc.)?
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Are there any affirmative action policies aiming to reduce inequalities as a consequence of prior secondary education?
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Are there any affirmative action policies aiming to reduce territorial inequalities or inequalities based on place of residence (such as tuition subsidies, grants, quotas, etc.)?
Human Rights Standards:
Article 26, Universal Declaration of Human Rights; Articles 2.2 and 13 (2)(c), International Covenant on Economic, Social and Cultural Rights; Article 4(a), Convention against Discrimination in Education; Article 28(c), Convention on the Rights of the Child; Article 5(e)(v), International Convention on the Elimination of All Forms of Racial Discrimination; Article 10(a), Convention on the Elimination of All Forms of Discrimination against Women; Article 24(5), Convention on the Rights of Persons with Disabilities; Article 13(3)(c), Protocol of San Salvador ; Article 11(c), African Charter on the Rights and Welfare of the Child; Article 13(4)(f), African Youth Charter; Articles 22 and 29, Convention Relating to the Status of Refugees; Articles 30 and 43, 1 (a), (b), (c), Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; Article 12(1)(a), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 49(c), Charter of the Organisation of American States; Article 3(d), World Declaration on Higher Education for the Twenty-first Century; Paragraph 32, General Comment 13, Committee on Economic, Social and Cultural Rights (CESCR)
Comments:
Marginalised groups may face ‘on campus’ discrimination (harassment, verbal or physical violence, stereotyping, etc.). Students are less likely to persist and graduate if they experience a hostile environment on campus. Retention and completion rates are higher when campus policies ban discrimination and promote equality and inclusion. This indicator can be broken down into specific categories, for example:
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Do LGBTQI+ face discrimination on campus?
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Do vulnerable, disadvantaged and/or marginalised racial, ethnic, caste, religious, indigenous and/or autochthon groups face discrimination on campus?
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Do migrants, refugees and/or asylumm seekers face discrimination on campus?
Human Rights Standards:
Article 26, Universal Declaration of Human Rights; Articles 2.2 and 13 (2)(c), International Covenant on Economic, Social and Cultural Rights; Article 4(a), Convention against Discrimination in Education; Article 28(c), Convention on the Rights of the Child; Article 5(e)(v), International Convention on the Elimination of All Forms of Racial Discrimination; Article 24 of the Convention on the Rights of Persons with Disabilities; Article 10(a), Convention on the Elimination of All Forms of Discrimination against Women; Article 24(5), Convention on the Rights of Persons with Disabilities; Articles 22 and 29, Convention Relating to the Status of Refugees; Articles 30 and 43, 1 (a), (b), (c), Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; Article 13(3)(c), Protocol of San Salvador; Article 11(c), African Charter on the Rights and Welfare of the Child; Article 13(4)(f), African Youth Charter; Article 49(c), Charter of the Organisation of American States; Article 12(1)(a), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 3(d) World Declaration on Higher Education for the Twenty-first Century; Para 32, General Comment 13, Committee on Economic, Social and Cultural Rights (CESCR).
Comments:
Higher education should be progressively made free for all students, regardless of their migration status. Differentiated fees may hinder economic accessibility and may be considered discriminatory based on nationality.
Human Rights Standards:
Article 26, Universal Declaration of Human Rights; Article 2.2 and 13 International Covenant on Economic, Social and Cultural Rights; Articles 22 and 29, Convention Relating to the Status of Refugees; Article 2, Convention on the Rights of the Child; Article 3 (e) UNESCO Convention Against Discrimination in Education; General Comment 13, General Comment 20, and General Comment 30, Committee on Economic, Social and Cultural Rights; Articles 30 and 43, 1 (a), (b), (c), Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
States have the obligation to provide ‘reasonable accommodation’ to students with disabilities. Reasonable accommodation is defined as ‘appropriate modification and adjustments which are necessary, in a particular case, to ensure persons with disabilities can enjoy, on an equal basis with others, all human rights and fundamental freedoms’.
Comments:
Accommodations to students with disabilities ensure a positive learning environment and guarantee the right to inclusive education.
‘Accommodations’ refers to physical accommodation, learning material, course format, etc. The ‘reasonableness’ of accommodation is context-specific: it involves an analysis of the relevance and effectiveness of the specific accommodation, including whether it counters discrimination
Inclusive education with regard to people with disabilities means ensuring their effective access to education and the fulfilment of their individual potential on equal terms with other students within a participatory learning environment. It requires addressing the specific barriers people with disabilities face in the enjoyment of their right to education through support and accommodations (building, teaching material, course format) as well as by building a culture of non-discrimination and inclusion.
Human Rights Standards:
Article 26, Universal Declaration of Human Rights; Article 2.2 and 13 International Covenant on Economic, Social and Cultural Rights; Article 2, Convention on the rights of the Child; Article 24 of the Convention on the Rights of Persons with Disabilities; Paragraph 9, General comment 4, Committee on the Rights of Persons with Disabilities (CRDP)
Under international law, States have to determine how capacity will be assessed.
Comments:
The Universal Declaration of Human Rights states that higher education should be ‘equally accessible to all on the basis of ‘merit’. The human rights conventions adopted subsequently, replaced the word ‘merit’ with ‘capacity’. ‘Merit’ and ‘capacity’ become an issue when they are used to justify the reproduction of social privileges on the basis of selective admissions’ procedures that do not take into account substantive equality. When assessing capacity States must avoid the use of unjustified criteria that would lead to discrimination to refuse access to higher education.
Human Rights Standards:
Article 26, Universal Declaration of Human Rights; Articles 2.2 and 13 (2)(c), International Covenant on Economic, Social and Cultural Rights; Article 4(a), Convention against Discrimination in Education; Article 28(c), Convention on the Rights of the Child.
Region of origin/residence is understood as the national region where students resided and completed their upper secondary education.
Comments:
Education should not be conditional on, or determined by, a person’s current or former place of residence.
Place of residence is often neglected as a potential ground for discrimination and driver of inequality, but it may affect accessibility and completion in higher education. A low share of students pursuing a higher education degree in the region of origin/residence may indicate problems in the availability and physical accessibility of higher education in the region. It may also hinder economic accessibility, as it may imply in indirect costs such as transportation and housing.
Levels of disaggregation: Rural/urban; region; income quintile
Human Rights Standards:
Article 2.2 and 13, 2 (c), International Covenant on Economic, Social and Cultural Rights; Article 2, Convention on the rights of the Child; Article 4, UNESCO Convention against Discrimination in Education; Paragraph 6 (b) (i), General Comment 13, Committee of Economic, Social and Cultural Rights (CESCR); Para 34, General Comment 20, Committee of Economic, Social and Cultural Rights (CESCR).
Comments:
When the higher education budget is decentralised, there should be a mechanism to oversee coordination among all levels of responsibility and ensure accountability.
Available data:
Article 25 (c), International Covenant on Civil and Political Rights; Articles 13 (1) & (2), African Charter of Human and People's Rights; Article 23 (c), American Convention on Human Rights; Article 19 (2) (3), International Covenant on Civil and Political Rights; Article 10, European Convention on Human Rights; Article 13, American Convention on Human Rights; Article 32 (1), Arab Charter; Article 23, ASEAN Human Rights Declaration; 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; Paragraph 37, General Comment 13, Committee of Economic, Social and Cultural Rights (CESCR)
Comments:
Policies and measures targeting special groups are a means to reduce systemic inequalities. They should be understood as targeted temporary actions aiming to facilitate access, participation, and completion of vulnerable, disadvantaged and/or marginalised groups that are underrepresented in different levels of education. If States do not allocate the corresponding budget, special policies and measures will hardly be implemented. This indicator can be broken down into different categories, for example:
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Has the State allocated budget to implement laws and policies targeting women or LGBTQI+?
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Has the State allocated budget to implement laws and policies targeting vulnerable, disadvantaged and/or marginalised racial, ethnic, caste, religious or indigenous groups?
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Has the State allocated budget to implement laws and policies targeting migrants, refugees and/or asylum seekers?
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Has the State allocated budget to implement laws and policies targeting persons with disabilities?
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Has the State allocated budget to implement laws and policies targeting people from low income families and vulnerable, disadvantaged and/or marginalised socio-economic status?
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Has the State allocated budget to implement laws and policies targeting special groups, specially those marginalised because of their place of residence?
Levels of disaggregation: Levels of education; Vulnerable, disadvantaged and marginalised groups
Human Rights Standards:
Article 26, Universal Declaration of Human Rights; Articles 2.2 and 13 (2)(c), International Covenant on Economic, Social and Cultural Rights; Article 4(a), Convention against Discrimination in Education; Article 28(c), Convention on the Rights of the Child; Article 5(e)(v), International Convention on the Elimination of All Forms of Racial Discrimination; Article 24 of the Convention on the Rights of Persons with Disabilities; Article 10(a), Convention on the Elimination of All Forms of Discrimination against Women; Article 24(5), Convention on the Rights of Persons with Disabilities; Articles 22 and 29, Convention Relating to the Status of Refugees; Articles 30 and 43, 1 (a), (b), (c), Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; Article 13(3)(c), Protocol of San Salvador ; Article 11(c), African Charter on the Rights and Welfare of the Child; Article 13(4)(f), African Youth Charter; Article 49(c), Charter of the Organisation of American States; Article 12(1)(a), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 3(d) World Declaration on Higher Education for the Twenty-first Century; Para 32, General Comment 13, Committee on Economic, Social and Cultural Rights (CESCR); Article 3(d) World Declaration on Higher Education for the Twenty-first Century; Paragraph 32, General Comment 13, Committee on Economic, Social and Cultural Rights (CESCR)
Comments:
Reducing the financial burden of direct and indirect costs of higher education for students is within states obligation to progressively introduce free higher education. ‘While progressively realising their obligations to provide free, public education of the highest attainable quality at all levels as effectively and expeditiously as possible, States must immediately take steps to ensure that no individual is excluded from any public educational institution on the basis of the inability to pay and must take all effective measures to prevent the risk of over- indebtedness for learners and their families’. (Abidjan Principles, Guiding Principle 36). Financial aid includes grants (tuition, mobility, etc.). Loans should be analysed as a separate budgetary line. Look specifically at the share over the years and ratio per students in needs (marginalised and disadvantaged groups.
Levels of disaggregation: Type of financial aid; Vulnerable, marginalised, disadvantaged groups
Human Rights Standards:
Article 26, Universal Declaration of Human Rights; Articles 2.2 and 13, 2 (C), International Covenant on Economic, Social and Cultural Rights; Article 3 (d), World Declaration on Higher Education for the Twenty-first Century; Article 4, UNESCO Convention against Discrimination in Education; Paragraph 32, General Comment 13, Committee on Economic, Social and Cultural Rights (CESCR)
Comments:
The involvement of private actors in higher education is subject to the requirement that private educational institutions conform to standards established by the State in accordance with its obligations under international human rights law. The State has an obligation to regulate and enforce regulation, as to ensure that minimum educational standards are met in private higher education institutions. Lack of regulation may have consequences regarding accessibility and quality of higher education. Lack of regulation also leads to lack of transparency, blurring the lines between public/private-for-profit/non-profit and making it more difficult to verify if States are complying with their international human rights obligations.
Human Rights Standards:
Article 13, (3) (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 2, Op Protocol 1, European Convention on Human Rights; Article 17 (1) (a), (Revised ) European Social Charter; Article 13, Framework Convention for the Protection of National Minorities; Article 27 (3), ILO Convention 169; Overarching Principle 3 and Guiding Principles underneath of The Abidjan Principles; Paragraph 30, General Comment 13, Committee on Economic, Social and Cultural Rights.
Comments:
States have the obligation to progressively provide free higher education. Public investments in private higher education institutions may lead to States diverting budget from public higher education institutions to private ones. This is even more concerning regarding for-profit market driven institutions. Also, concentration of public investment in certain subject areas/program orientation and/or level of education may indicate a commercialisation trend, hindering equality.
Levels of disaggregation: Private institution (for-profit/nonprofit), by type of investment (private/public partnerships, direct investments, incentives/subsidies, scholarships/grants), by subject area/program orientation, by level of education (Bachelor, Master/PhD).
Human Rights Standards:
Article 26, Universal Declaration of Human Rights; Article 2.2 and article 13, 2, (c), International Covenant on Economic, Social and Cultural Rights; Article 2, Convention on the Rights of the Child; Articles 3 and 4, UNESCO Convention against Discrimination in Education; Part IV., overarching principle 5 and guiding principles underneath of the The Abidjan Principles.
Schools and universities (even those that have been abandoned or evacuated because of the dangers presented by armed conflict) should not be requested by armed forces, including during armed conflict, at the risk of hindering access and availability of education by causing the discontinuity of learning activities. Also, the military use of educational facilities increases the likelihood of attack and may change the school/university from a civilian object to (legitimate) military target.
Comments:
Armed forces may be designated to provide security to schools and universities in conflict affected areas to ensure access and availability of education. If this is the case, inform clearly what constitutes the mandate of the armed forces.
Comments:
This indicator measures the number of reported incidents of sexual violence against students, teachers and/or other educational personnel perpetrated by armed forces or armed groups (from government and/or opposition groups) at schools, universities or other educational facilities or on the way to or from them, in the last 12 months or during a designated period of time. It includes also incidents of sexual violence when students, teachers and/or personnel are target because of their status (as students/teachers/personnel).
Comments:
During political and/or military hostilities, students, teachers and/or other educational personnel may be victims of sexual violence. Other than the psychological and physical effects of sexual violence, a high number of reports of sexual violence against students and/or personnel may create a climate of insecurity: parents may avoid sending their girls to school through fear that something might happen to them, and teachers and staff may refrain from going to work. This might lead to an increase in drop-out rates and teachers absenteeism, as well as a decrease in gross enrolment rate.
‘Sexual violence at, or on the way to or from, school or university occurs when armed forces, law enforcement, other state security entities, or non-state armed groups, sexually threaten, harass, or abuse students or educators of all genders. Sexual violence includes rape, sexual slavery, forced marriage, forced prostitution, forced pregnancy, forced sterilization, forced abortion, forced circumcision, castration, genital harm, and any other non-consensual sexual act, as well as acts that may not require physical violence or contact but include humiliation or shaming of a sexual nature’ (GCPEA, Education Under Attack 2020 Report, p. 87/88). Note that for the Global Coalition to Protect Education from Attack (GCPEA), sexual violence constitutes a distinct category. We consider it a sub-category of attacks on students, teachers and other educational personnel and therefore, included in this category.
The indicator can be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the number of reported incidents of killings perpetrated against students, teachers and other educational personnel by armed forces or armed groups (from government and/or opposition groups) at schools, universities or other educational facilities, or on the way to or from them, in the last 12 months or during a designated period of time.
Comments:
Armed conflict may lead to targeted killings/executions of students, teachers and/or other educational personnel. The indicator can be applied at an international, regional, national or subnational level. This indicator is applied when students, teachers or education personnel are targeted because of their status as such. Killings that result from placing students and teachers in harm's way should be counted in the correspondent indicator (Number of reported incidents of attacks by placing students and teachers in harm’s way).
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the number of reported incidents of enforced disappearances of students, teachers and other educational personnel perpetrated by armed forces or armed groups (from government and/or opposition groups) at schools, universities or other educational facilities or on the way to or from them, in the last 12 months or during a designated period of time.
Comments:
Enforced disappearance ‘is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law’. Enforced disappearances caused by non-state armed groups are also included in this category.
A high number of reports of enforced disappearance of students, teachers and/or other educational personnel may create a climate of insecurity: parents may avoid sending their children to school by fear that something might happen to them and teachers and staff may refrain from going to work. This might lead to an increase in drop-out rates and teachers absenteeism, as well as a decrease in gross enrolment rate.
The indicator can be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the number of reported incidents of child recruitment perpetrated by armed forces or armed groups (including government and/or opposition groups) at schools, universities or other educational facilities, or on the way to or from them, in the last 12 months or during a designated period of time.
Comments:
‘Child recruitment at, or on the way to or from, school occurs when armed forces or armed groups recruit children under the age of 18 from their schools or along school routes. Recruitment for any purpose is included, as for example, for serving as fighters, spies, or intelligence sources; for domestic work; or to transport weapons or other materials’ (GCPEA, Education Under Attack 2020 Report, p. 87). The Convention on the Rights of the Child sets fifteen years as the minimum age for military recruitment and for taking direct part in hostilities. The 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, drafted in order to raise the minimum ages set out in the Convention, sets the higher age of eighteen years as the minimum for recruitment or participation in armed conflict. Children who are soldiers usually do not enjoy the right to education and are prevented from going to school. Note that for the Global Coalition to Protect Education from Attack (GCPEA), child recruitment constitutes a distinct category. We consider it a sub-category of attacks on students, teachers and other educational personnel and therefore, included in this category.
The indicator can be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the number of reported incidents of attacks perpetrated by armed forces or armed groups (government and/or opposition groups) by putting students and teachers in harm’s way at schools, universities or other educational facilities, or on the way to or from them, in the last 12 months or during another designated period of time.
Comments:
Schools must be safe places. Students and teachers may be used as human shields or exposed to return fire, including in the way to and from school - as for example, when a school bus is caught in crossfire. If students, teachers and educational staff feel unsafe they might refrain from going to school. This might increase absenteeism and drop out rates. If injuries or death result from placing students and teachers in harm's way, it should be counted in this indicator.
The indicator can be applied at an international, regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator includes situations where state armed forces or non-state armed groups partially or fully occupy schools or universities, and use them for purposes that support a military effort. This includes using educational facilities as bases or temporary shelters, fighting positions, weapons storage facilities, detention and interrogation centers and military training or drilling soldiers (GCPEA, 2020 Education under attack report).
Schools and universities should be understood in a broad sense: the term includes primary and secondary schools, colleges, as well as kindergartens, preschools, technical and vocational training schools and non formal education sites. It also includes related infrastructure, such as playgrounds, libraries, school buses, university campus dorms and others.
Comments:
Schools and universities are protected as civilian objects under International Humanitarian Law. Military use of educational facilities may lead to the partial or complete closing of schools and universities, hampering access to andt the availability of education. Military use also increases the likelihood of attack and may change the school/university from a civilian object to (legitimate) military target.
If school and universities are occupied and used for military purposes, there is a high chance that the out-of-school rate will rise and enrolment and attendance rates will decrease. In the long-term, transitional rates might also be impacted as well as quality of education. Using school for military purposes disturbs and interrupts education, puts students, teachers and other educational staff in danger and makes schools vulnerable targets to attacks by opposing forces. A high number of reported incidents of military use of schools creates a general climate of insecurity and fear which may be reflected in the overall picture of education, including the closure of schools for fear of attack and/or prevention of students and teachers from going to school, even where no incidents of military use of schools has been reported.
Military use is often ongoing, in contrast to, for example, the bombing of a school. Once a school is occupied, a rival force may attack and take it over. This would result in continual occupation by different forces, which thus would reflect two instances of military use.
The indicator can be applied at regional, national or subnational level.
Available data:
The United Nations reports on military use of schools as one of six grave violations against children in armed conflict. Find examples in the virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict. Check also the annual reports of the Global Coalition to Protect Education from Attack.
Levels of disaggregation: or each incident, document specially:
I. Perpetrator
A. State’s armed forces
B. Non State armed forces
II. Type and extent of the attack
A. School is completely occupied
B. School is partially occupied
C. School is partially or completely closed
D. Nature of the military use: interrogation facility, detention center, training camp, recruitment, storage for weapons and/or ammunitions and/or other military material, others (specify)
E. Number of schools days missed due to military use
Because connexions between military use and other attacks are common (sexual violence, child recruitement, etc), you might want to note down all correlated attacks.
Human Rights Standards:
Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 48, 51 & 52, Protocol 1 of the Geneva Convention, Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), 38, Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Article 22, African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 17 European Social Charter (Revised). See also the Safe School Declaration and the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the total reported number of schools partially or totally occupied by armed forces (governmental or non governmental) and used for military purposes, such as using educational facilities as bases or temporary shelters, fighting positions, weapons storage facilities, detention and interrogation centers and military training or drilling soldiers (GCPEA, 2020 Education under attack report). It is the sum of all identified attacks on education qualified in the indicator Have schools and universities been used by military forces to support their military efforts?
Schools and universities should be understood in a broad sense: the term includes primary and secondary schools, colleges, as well as kindergartens, preschools, technical and vocational training schools and non formal education sites. It also includes related infrastructure, such as playgrounds, libraries, school buses, university campus dorms and others.
Comments:
Schools and universities are protected as civilian objects under International Humanitarian Law. Military use increases the probability of connected attacks, such as sexual violence, child recruitement, etc. A high number of incidents probably implies a high number of schools closed or partially functioning, increasing the number of student absenteeism, out-of-school children and drop-out rates. In the long-term, it may also affect transition rates and gross and net enrolment rates. Besides hindering access to and availability of education, a high number of reported incidents of military use of schools creates a general climate of insecurity and fear which may be reflected in the overall picture of education, for example in the closure of schools for fear of attack and/or prevention of students and teachers from going to school even where no incidents of military use of schools has been reported.
Available data:
The United Nations reports on military use of schools as one of six grave violations against children in armed conflict. Find examples in the virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict. Check also the annual reports of the Global Coalition to Protect Education from Attack.
Human Rights Standards:
Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 48, 51 & 52, Protocol 1 of the Geneva Convention, Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), 38, Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Article 22, African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 17 European Social Charter (Revised). See also the Safe School Declaration and the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the total number of reported attacks on students, teachers and other educational personnel perpetrated by state armed forces in the last 12 months or during a designated period of time. It includes attacks committed at schools, universities or other educational facilities, or on the way to or from them. It is the sum of all reported incidents of attacks on students, teachers and other educational personnel perpetrated by a state’s armed forces (including government paramilitary forces).
Comments:
States are the primary duty bearers regarding the safeguarding and the implementation of the right to education. Civilians are protected persons under humanitarian law, and parties in conflict can be brought to justice for attacks against them. The indicator may be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the number of out-of-school students due to military use of schools and/or universities. The total number is calculated by adding up the number of out-of-school children for each reported incident of military use of schools and/or universities.
Comments:
Students may be forced out of school because of school closure due to direct attacks on infrastructure, or due to the use of schools by armed forces to support military efforts. This indicator measures only the number of out-of-school students due to military use of schools. If the school is partially closed, it is necessary to verify if students from one class have been assigned/are able to attend school in another class or a similar circumstance. Drop-out rates may also rise because military use can create a general climate of insecurity in the midst of conflict, leading students and parents fearing for their life and thus avoiding schooling. Note that GCPEA would only consider drop-out rates directly related to attacks on education (e.g. school is bombed and enrolled students can’t attend classes until the school is repaired, or they attend virtual lessons or classes at another school), not drop-out rates due to generalised insecurity or climates of fear.
Available data:
The United Nations reports on military use of schools as one of six grave violations against children in armed conflict. Find examples in the virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict. Check also the annual reports of the Global Coalition to Protect Education from Attack.
Levels of disaggregation: Disaggregate by age group, gender and level of education.
Human Rights Standards:
Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 48, 51 & 52, Protocol 1 of the Geneva Convention, Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), 38, Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Article 22, African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 17 European Social Charter (Revised). See also the Safe School Declaration and the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the total number of schools partially or totally occupied and used for military purposes by a state’s regular or paramilitary armed forces.
Comments:
Schools and universities are protected as civilian objects under International Humanitarian Law. A high number of incidents probably implies a high number of schools closed, increasing the number of out-of-school children and drop-out rates. In the long-term, it may also affect transition rates and gross and net enrolment rates. Besides hindering the access to and availability of education, a high number of reported incidents of military use of schools creates a general climate of insecurity and fear, which may be reflected in the overall picture of education, including the closure of schools for fear of being attacked and/or preventing students and teachers from going to school, even where no incidents of military use of schools has been reported.
Available data:
The United Nations reports on military use of schools as one of six grave violations against children in armed conflict. Find examples in the virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict. Check also the annual reports of the Global Coalition to Protect Education from Attack.
Human Rights Standards:
Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 48, 51 & 52, Protocol 1 of the Geneva Convention, Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), 38, Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Article 22, African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 17 European Social Charter (Revised). See also the Safe School Declaration and the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the total number of schools partially or totally occupied and used for military purposes by non-state armed forces.
Comments:
Non-state armed forces are also bound by international humanitarian law to respect and protect schools. A high number of incidents probably implies a high number of schools closed, increasing the number of out-of-school children and drop-out rates. In the long-term, it may also affect transition rates and gross and net enrolment rates. Besides hindering the access to and availability of education, a high number of reported incidents of military use of schools creates a general climate of insecurity and fear which may be reflected in the overall picture of education, for example in the closure of schools for fear of attack and/or prevention of students and teachers from going to school, even where no incidents of military use of schools has been reported.
Available data:
The United Nations reports on military use of schools as one of six grave violations against children in armed conflict. Find examples in the virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict. Check also the annual reports of the Global Coalition to Protect Education from Attack.
Human Rights Standards:
Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 48, 51 & 52, Protocol 1 of the Geneva Convention, Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), 38, Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Article 22, African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 17 European Social Charter (Revised). See also the Safe School Declaration and the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator refers to the number of such incidents in the last 12 months, or during another designated time period. The indicator is common to two categories of attacks on education: attacks on schools and universities and/or other educational facilities and military use of schools and universities.
Comments:
A high incidence of reported school closures indicates a problem in the availability of education. During political and/or military hostilities, schools may be closed or not allowed to open for many reasons, including, for example, military use of the facilities or damage to school infrastructure as a result from explosions, airstrikes, shelling, threats or other types of attacks as defined in this monitoring guide. Also, the use of schools for military purposes may result in the partial or complete closure of schools. Total occupation of schools by armed forces may lead to the complete closure of the school, whereas when there is partial occupation educational activities might continue in the non occupied area. In this last case, it is important to verify if military personnel are physically separated from students, teachers and staff, as they might have regular transit in the facility, including in the area that is not being used for military purposes. This might increase the risks of attacks against students, teachers and staff - including sexual violence and child recruitment - and create a general climate of fear preventing them from going to school, consequently raising drop-out rates and teacher absenteeism rates. It might be good to indicate how many school days were missed.
*The indicator is common to two categories of attacks on education: attacks on schools and universities and/or other educational facilities and military use of schools and universities.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by:
- partial closure/total closure due to attacks on schools, universities and other educational facilities
- number of school days missed due to attacks on education
- partial closure/total closure due to military use of educational facilities
- number of school days missed due to military use
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820.
The Safe Schools Declaration is an inter-governmental political commitment through which signatory States commit to protect education from attacks during armed conflict, including by endorsing and committing to implement the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict. States that endorse the Safe Schools Declaration commit to respect the civilian nature of schools; to develop and share examples of good practices for protecting schools and universities during armed conflict; ensure the continuation of learning activities during armed conflict; implement concrete measures to deter the military use of schools; collect data on attacks on education; and investigate allegations of violations of applicable national and international law and, where appropriate, duly prosecute perpetrators.
Comments:
The Safe Schools Declaration was developed through consultations with states in a process led by Norway and Argentina in Geneva in early 2015, and was opened for endorsement at the Oslo Conference on Safe Schools on 29 May 2015.
Available data:
List of States that have endorsed the Safe Schools Declaration
Steps in implementing the Safe Schools Declaration and incorporating the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict demonstrate the state’s commitment in safeguarding the right to education. Measures could include, for example, revising national policies and practices, including incorporating specific guidelines into military doctrine, operational orders, military manuals, etc.
Document specifically which measures have been taken and how the state has incorporated the Guidelines national legal framework and/or national policies.
Comments:
Available data:
HRW, Protecting Schools from Military Use: Law, Policy, and Military Doctrine; GCPEA, Lessons In War: Military Use of Schools and Other Education Institutions during Conflict; GCPEA, Implementing the Guidelines: a Toolkit to Guide Understanding and Implementation of the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict; GCPEA Commentary on the “Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict”, GCPEA, Education under Attack 2020
By endorsing the Safe Schools Declaration, states also commit to meet on a regular basis, inviting relevant international organisations and civil society, so as to review the implementation of the declaration and the use of the guidelines. You may inquire on their participation (and interest to participate) in such meetings and the sharing of good practice. You may further inquire as to whether there is national stakeholder engagement and coordination to implement the Safe Schools Declaration.
Comments:
Comments:
You may inquire if the government has implemented any of the measures indicated in the Safe Schools Declaration and the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict; if the government has introduced human rights capacity building and humanitarian law sensitisation into the military trainings; if the state has revised its military doctrine to establish policies that avoid or minimise attacks on education; if it has established national coordination and accountability mechanisms, etc.
Sexual violence committed by officials of the national armed forces or foreign forces present in the country constitutes a crime against humanity (Rome Statute, Article 7, 1, g).
Comments:
Comments:
States have the obligation to progressively provide free higher education as well as equality in access without discrimination. Concentration of high fee charging private higher education institutions in certain subject areas/programs may hinder equality, limiting the choices of students wanting to pursue higher education in a certain field of studies.
Levels of disaggregation: Private for-profit/non-profit
Human Rights Standards:
Article 26, Universal Declaration of Human Rights; Article 2.2 and article 13, 2, (c), International Covenant on Economic, Social and Cultural Rights; Article 2, Convention on the Rights of the Child; Articles 3 and 4, UNESCO Convention against Discrimination in Education; The Abidjan Principles, guiding principles 14.i, 48, 50.
In some countries, the key dimensions of the right to education may not be explicitly enumerated in legal provisions, but they can be addressed through policies that are not legally binding. These policies could have been revised and adopted at different periods depending on the changing context. Additionally, some levels of education, such as early childhood care and education, may not be covered in the legislation, but they could be integrated as part of either education policies or separate policies that focus on the 'care' and 'education' of young children. This indicator assesses whether States have adopted policies for the implementation of the right to education.
Comments:
Human Rights Standards:
All treaties that guarantee the right to education. See RTE website, International law page.
See also :
- International Covenant on Economic, Social and Cultural Rights, Article 2.1
- Convention on the Rights of the Child, Article 4
- International Covenant on Civil and Political Rights, Article 2.2
Specific reference about ECCE :
- Joint General Comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 of the Committee on the Rights of the Child, para. 62: ‘State effort should include the provision of early education as well as psycho-social support.’
- General Comment No. 7 of the Committee on the Rights of the Child, para. 2 (g): ‘The objectives of the general comment are to contribute to the realization of rights for all young children through formulation and promotion of comprehensive policies, laws, programmes, practices, professional training and research specifically focused on rights in early childhood.’
- General Comment No. 7 of the Committee on the Rights of the Child, para. 5: ‘A positive agenda for early childhood. The Committee encourages States parties to construct a positive agenda for rights in early childhood. For the exercise of their rights, young children have particular requirements for physical nurturance, emotional care and sensitive guidance, as well as for time and space for social play, exploration and learning. These requirements can best be planned for within a framework of laws, policies and programmes for early childhood, including a plan for implementation and independent monitoring, for example through the appointment of a children’s rights commissioner, and through assessments of the impact of laws and policies on children (see General Comment No. 2 (2002) on the role of independent human rights institutions, para. 19).’
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education, November 2022 recommends States to ‘Enhance policy and legal frameworks to ensure that the right to education includes ECCE. ECCE is key to achieving the right to education for all and to enable the fulfilment of other social rights. Thus, the availability, accessibility, adaptability and acceptability of ECCE services must be reflected in policies and legal frameworks. This includes the right to at least one year of free and compulsory pre-primary quality education for all children.’ (Guiding Principles and Strategies for Transformational ECCE, para. 5.iv).
Ensuring free education in national legislation and aligning legal frameworks with the legal requirements of the right to education and the commitments to Sustainable Developmental Goal 4 is one of the most important challenges towards the full realisation of the right to education. States have the obligation to make primary education free and compulsory. While free primary education shall be immediately realised, the other levels of education can be made progressively free. At the same time, the Committee on the Elimination of Discrimination against Women (General Comment No. 36 (para. 36, 39) recommends that education should be free and compulsory from pre-school to secondary. Besides, States have politically committed through the Sustainable Developmental Goal 4 to provide free primary and secondary education and at least one year of free and compulsory pre-primary education of good quality by 2030. This indicator evaluates if States have guaranteed free education in their domestic laws. If yes, check what levels of education it covers.
Comments:
See below the definition of free education and the progressive introduction of free education provided by the Committee on Economic, Social and Cultural Rights.
Free of charge. 'The nature of this requirement is unequivocal. The right is expressly formulated so as to ensure the availability of primary education without charge to the child, parents or guardians. Fees imposed by the Government, the local authorities or the school, and other direct costs, constitute disincentives to the enjoyment of the right and may jeopardize its realization. They are also often highly regressive in effect. Their elimination is a matter which must be addressed by the required plan of action. Indirect costs, such as compulsory levies on parents (sometimes portrayed as being voluntary, when in fact they are not), or the obligation to wear a relatively expensive school uniform, can also fall into the same category'. (CESCR, Comment No. 11, para. 7).
Progressive introduction of free education means that ‘while States must prioritize the provision of free primary education, they also have an obligation to take concrete steps towards achieving free secondary and higher education’ CESCR, General Comment No.1 3 (para. 14). The Committee clarifies that ‘article 14 of the International Covenant on Economic, Social and Cultural Rights, specifies that the target date must be “within a reasonable number of years” and, moreover, that the time frame must “be fixed in the plan”. In other words, the plan must specifically set out a series of targeted implementation dates for each stage of the progressive implementation of the plan. This underscores both the importance and the relative inflexibility of the obligation in question.’ (CESCR, General Comment No. 11, para. 10).
Available data:
UNESCO data for SDG indicator 4.1.7 on the number of years of (a) free and (b) compulsory primary and secondary education guaranteed in legal frameworks and SDG indicator 4.2.5 on the number of years of (a) free and (b) compulsory pre-primary education guaranteed in legal frameworks.
Human Rights Standards:
Convention on the Rights of the Child, Article 28.1 (a); International Covenant on Economic, Social and Cultural Rights, Articles 13.2 (a) and 14, General Comment No. 11, General Comment No. 13, (paras. 10, 13 and 14); Convention on the Elimination of All Forms of Discrimination against Women, Article 10 (a), General Comment No. 36 (para. 36 and 39).
See also RTE’s website, international instruments.
See also non-binding instruments:
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding Principles and Strategies for Transformational ECCE, para. 5.iv)
- Transforming our world: the 2030 Agenda for Sustainable Development (Sustainable Development Goals 4.1 and 4.2)
Specific References about free education from pre-school to higher education :
- General Comment No. 36 of the Committee on the Elimination of Discrimination against Women, para. 36: ‘Education has to be affordable to all, without discrimination based on sex or any other prohibited ground, and should be free and compulsory from pre-school up to the secondary system and progressively up to the tertiary level.’
- General Comment No. 36 of the Committee on the Elimination of Discrimination against Women, para. 39: ‘The Committee recommends that States parties take all measures to ensure that user fees and hidden costs do not negatively impact girls’ and women’s access to education by instituting the following measures :
a) provision of universal, free and compulsory education from pre-school up to the secondary level regardless of socio-economic status for citizens of the state as well as for girls and women with migrant and refugee status ;
b) affordable education at the tertiary level, by reducing user fees and indirect and opportunity costs ;
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education, Guiding Principles and Strategies for Transformational ECCE, para. 5.iv: ‘Enhance policy and legal frameworks to ensure that the right to education includes ECCE. ECCE is key to achieving the right to education for all and to enable the fulfilment of other social rights. Thus, the availability, accessibility, adaptability and acceptability of ECCE services must be reflected in policies and legal frameworks. This includes the right to at least one year of free and compulsory pre-primary quality education for all children’.
Human rights education (HRE) is a lifelong process aimed at empowering people through fostering knowledge, skills, attitudes and behaviours needed to uphold human rights for all members of society. HRE stands to empower children and others to imbibe fundamental human rights principles such as dignity, equality, and non-discrimination through an embedded learning process - that includes education, training and information.
Comments:
HRE is widely considered an integral part of the right to education. The Committee on the Rights of the Child, in its General Comment No. 1 endorses HRE as one of the aims of education and emphasises that ‘human rights education should be a comprehensive, life-long process and start with the reflection of human rights values in the daily life and experiences of children’. In 1992, the Vienna Declaration and Programme of Action pronounced human rights education (HRE), as a fundamental need for the promotion of human rights and for fostering a culture of mutual understanding, tolerance, and peace. Further, Sustainable Development Goals Target 4.7 emphasises that learners should acquire knowledge and skills to promote sustainable development, human rights, gender equality, promotion of a culture of peace and non-violence, global citizenship, and appreciation of cultural diversity.
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private.
Human Rights Standards:
Convention on the Rights of Child, Article 29 (1)(b), General Comment No. 1 (para. 15), General Comment No. 7 (para. 33); International Covenant on Economic, Social and Cultural Rights, Article 13 (1), General Comment No. 13 (para. 4).
See also non-binding instruments:
Specific Reference about ECCE:
- General Comment No. 7 (para.33) of the Committee on the Rights of the Childs recommends that ‘States parties include human rights education within early childhood education. Such education should be participatory and empowering to children, providing them with practical opportunities to exercise their rights and responsibilities in ways adapted to their interests, concerns and evolving capacities. Human rights education of young children should be anchored in everyday issues at home, in childcare centres, in early education programmes and other community settings with which young children can identify.’
As interpreted by the Committee on the Rights of the Child in its General Comment No. 14 (para. 79), in order to ensure better quality education for all children States have to recruit a sufficient number of qualified teachers and other education support personnel in different education settings. This indicator examines the number of qualified teachers and other education support personnel to be recruited for addressing teacher shortages.
Comments:
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private, Gender.
Human Rights Standards:
Committee on Economic, Social and Cultural Rights, Articles 13 et 14, General Comment No.13 (para. 6.a); Convention on the Rights of the Child, Articles 28 and 29, Committee on the Rights of the Child, General Comment No.14 (para. 79).; Convention on the Elimination of All Forms of Discrimination against Women, General Comment No. 36 (para. 31.c).
This indicator examines if the schools, including ECCE centres, provide free school meals that are nutritionally adequate and culturally appropriate and safe for all children in order to improve children’s education, health and nutrition.
Comments:
Childhood hunger and malnutrition can have devastating impact, affecting children's overall growth and cognitive development and adversely affect their learning abilities. According to the World Food Programme, millions of children either go to schools on an empty stomach or do not go to school due to hunger. In particular girls and those who live in conflict affected countries miss schools as they have to support their parents due to poverty and therefore hunger has a direct correlation in decreasing the school enrolment rate. In such a scenario, as the Committee on the Rights of the Child emphasises ‘School feeding is desirable to ensure all pupils have access to a full meal every day, which can also enhance children’s attention for learning and increase school enrolment.’ (General Comment No. 15, para. 46)
While school feeding is recommended for all levels of education in schools, it is key for ECCE. As highlighted by the Tashkent Declaration (para. 9), ‘ECCE recognizes the holistic nature of child development, encompassing early cognitive and social development, which requires foundational learning, responsive care, nutrition, health, safety, protection, and play.’ The Committee on the Rights of Child (General comment No. 7, para. 27) urges States to take all possible measures to create conditions that promote the well-being of all young children during this critical phase of their lives. It emphasises (General Comment No. 15 (para. 45), ‘adequate nutrition and growth monitoring in early childhood are particularly important.’ Further, it clarifies (General Comment No. 7) that article 6 encompasses all aspects of development and that a young child's health and psycho-social well-being are in many respects interdependent and affirms that the 'highest attainable standard of health care and nutrition during their early years' enables children to enjoy a healthy start in life (Article 24), which is vital for overall physical, cognitive, social and emotional development.
To know more about school feeding or school meals, refer to:
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private, Gender.
Human Rights Standards:
Convention on the Rights of the Child, Articles 6.2, 18.2, 24.2 (a)(c) and 29 (a), General comment No. 7 (paras. 10, 12 and 27), General Comment No. 15 (paras. 45 and 46).
Specific references about ECCE :
Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education, November 2022, para. 2.iv: ‘Ensure all children receive nurturing care: Early childhood is a crucial time for physical and socio-emotional growth and development. Nurturing care encompasses the needs for good health, optimal nutrition, security and safety, early learning and responsive caregiving by primary care providers.’
This indicator examines if the schools, including ECCE centres, provide school health services such as health screening, immunisation services, vitamin supplements, preventive health education and counselling services to children.
Comments:
As stressed by the Committee on the Rights of the Child (General Comment No. 15 (para. 20), childhood is a period of continuous growth and in each phase important developmental changes occur in terms of physical, psychological, emotional and social development. These changes occurring at different stages of life have an impact on children's health. A lack of understanding these health implications in different stages, especially the preventable health diseases can have a significant impact on children's overall growth and development and adversely affect their learning abilities. Therefore, as recommended by the Committee on the Rights of the Child, ‘health-service provision within schools provide an important opportunity for health promotion, to screen for illness, and increase the accessibility of health services for in-school children’ (para. 36).
While regular health services are recommended for all levels of education in schools, it is key for ECCE. As highlighted by the Tashkent Declaration, ‘ECCE recognizes the holistic nature of child development, encompassing early cognitive and social development, which requires foundational learning, responsive care, nutrition, health, safety, protection, and play’ (Preambule, para. 9). The Committee on the Rights of Child (General comment No. 7, para. 27) urges States to take all possible measures to create conditions that promote the well-being of all young children during this critical phase of their lives. Further, it clarifies (General Comment No. 7) that article 6 encompasses all aspects of development and that a young child's health and psycho-social well-being are in many respects interdependent and affirms that the 'highest attainable standard of health care and nutrition during their early years' enables children to enjoy a healthy start in life (Art. 24), which is vital for overall physical, cognitive, social and emotional development.
For more details on school health services refer to WHO guideline on school health services
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private, Gender.
Human Rights Standards:
Convention on the Rights of the Child, Articles 6.2, 18.2, 24.2 (a) (b) (d) and 29 (a), General comment No. 7 (paras. 10, 12 and 27), General Comment No. 15 (paras. 20 and 36).
Specific reference about ECCE :
Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding principles and strategies for transformational ECCE, para. 2.iv): ’Ensure all children receive nurturing care: Early childhood is a crucial time for physical and socio-emotional growth and development. Nurturing care encompasses the needs for good health, optimal nutrition, security and safety, early learning and responsive caregiving by primary care providers.’
Home or community-based ECCE programmes refers to one of the recommended modes of service delivery options for ECCE programmes, aimed to increase quality access to ECCE, reach out the most marginalised community and offer early learning experiences in a familiar, localised environment. These programmes are provided either directly in a child's home by a caregiver or within the community setting like a local centre or neighbourhood facility. It may differ from a traditional school or childcare setting, designed and implemented in collaboration with the parents and community. Some of the examples of such programmes include home visits by early childhood educators, playgroup or parent-child group or community-based ECCE centres/pre-schools. This indicator examines the provision of home or community-based programmes.
Comments:
Levels of disaggregation: Urban/Rural, Region, Public/Private .
Human Rights Standards:
Convention on the Rights of the Child, Articles 18.2, 18.3, General Comment No. 7 (para.31); Convention on the Elimination of All Forms of Discrimination against Women, Article 11.2 (c), General Comment No. 34 (para. 41.b).
Specific references :
The Committee on the Rights of the Child (General Comment No. 7, para. 31) calls upon States to ‘support early childhood development programmes, including home- and community-based preschool programmes, in which the empowerment and education of parents (and other caregivers) are main features.’ The Committee emphasises that such programmes should be tailored to the circumstances of particular groups and individuals and to the developmental priorities of particular age groups, from infancy through to transition into school. Further it also encourages states ‘to construct high-quality, developmentally appropriate and culturally relevant programmes and to achieve this by working with local communities rather than imposing a standardized approach to early childhood care and education.’
Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding principles and strategies for transformational ECCE, para. 3.iv) recommends States to ‘enhance support to parents, families and other caregivers’, through ‘Public family-friendly policies and community-based services should be available, especially for parents facing difficulties, including awareness-raising for parents and families on the importance of ensuring quality ECCE for later schooling and lifelong learning’.
Since ECCE policies and programmes aim to attain holistic child development, covering aspects related to a child’s health, nutrition, development, education, hygiene and protection, ECCE governance should encompass multisectoral coordination and integrated services. This requires the involvement of different government ministries in decision making, planning and execution. This indicator assesses whether the ECCE system is implemented through multisectoral coordination. If yes, also analyse if any established mechanism exists to clearly define the roles and responsibilities of various ministries involved in the implementation of ECCE including the coordinating ministry.
Comments:
Levels of disaggregation: Urban/Rural, Region, Public/Private.
Human Rights Standards:
Convention on the Rights of the Child, Articles 6, 18, 24, 27, 28 , 29 and 31, General Comment No. 7 (paras. 10 and 22).
See also non-binding instruments:
- Incheon Declaration and Framework for Action for the Implementation of Sustainable Development Goal 4 (para. 37)
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Commitments to Action for Transforming ECCE, para. 1.vii)
Specific references:
- Committee on the Rights of Child, General Comment No. 7 (para. 22): ‘States parties are urged to develop rights-based, coordinated, multisectoral strategies in order to ensure that children’s best interests are always the starting point for service planning and provision. These should be based around a systematic and integrated approach to law and policy development in relation to all children up to 8 years old.’
- Incheon Declaration and Framework for Action for the Implementation of Sustainable Development Goal 4 (para. 37): ‘Put in place integrated multisector ECCE policies and strategies, supported by coordination among ministries responsible for nutrition, health, social and child protection, water/sanitation, justice and education, and secure adequate resources for implementation.’
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education: ‘Ensure a whole-of-government, multi-sectoral and integrated approach to ECCE policy development, provision and coordination. The multiple dimensions of ECCE require a coordinated approach to governance, financing, and policy development, including with inter-ministerial bodies. ECCE should be embedded within education, health and social development policies, at national and subnational levels, and be costed and financed accordingly.’ (Commitments to Action for Transforming ECCE, para. 5.i). In particular it calls upon Member States to ‘Integrate and strengthen ECCE policies and strategies into whole-of-government, interministerial and multi-sectoral approaches to ECCE planning and budgeting covering all domains of quality ECCE provision, services and programmes.’ (Commitments to Action for Transforming ECCE, para. 1.vii).
States shall provide assistance to parents and legal guardians in performing their child-rearing responsibilities. In order to enable parents, especially working parents to combine family obligations with work responsibilities and participation in public life, States have to establish child care institutions, facilities and services for which they are eligible. This indicator examines availability of such services for all working parents including those in the unorganised (informal) sector and those residing in rural and remote areas.
Comments:
Levels of disaggregation: Urban/rural, region, public/private
Human Rights Standards:
Convention on the Rights of the Child, Articles 18.2, 18.3, General Comment No. 7 (paras. 21, 40); Convention on the Elimination of All Forms of Discrimination against Women, Article 11.2 (c), General Comment No. 34 (paras. 43.g and 52.h) and General Comment No. 35 (para. 31.a.iii); Maternity Protection Convention, 2000 (No. 183) of the International Labour Organization.
This indicator measures whether the State prioritises the funding of public education, and only funds eligible private educational institutions when substantive, procedural and operational requirements are met.
Comments:
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Articles 2.1, 13.2, 14, General Comment No. 3 (para. 8), General Comment No. 13 (para. 54, in conjunction with para. 48), General Comment No. 24 (para. 21); Convention on the Rights of the Child, Article 28.
See also non-binding instrument:
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The Abidjan Principles on the human rights obligations of States to provide public education and to regulate private involvement in education, Overarching Principle 5, Guiding Principles 64-73.
As affirmed by the Committee on the Rights of the Child, early childhood is a critical period for realising children's rights. Young children’s earliest years are the foundation for children’s well being, growth and development and it has been shaped by the culture and environment they grow in. While extensive research has been carried out on the distinctive features of early childhood, the committee observed that it is limited to certain contexts and regions of the world. Therefore, the Committee encourages States ‘to develop national and local capacities for early childhood research, especially from a rights-based perspective’ (General Comment No. 7, para. 40). This indicator examines if State policies or strategies on ECCE include provisions related to early childhood research.
Comments:
Human Rights Standards:
Convention on the Rights of the Child, Article 6, General Comment No. 7 (para. 40).
A curriculum framework is a document that sets the content of the education. International human rights law requires that the content of education be rights-based, meaning it is person centred, non-discriminatory and conforms to the aims of education. This indicator examines if the curriculum framework confirms with the aims of the education.
Comments:
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Article 13.1, General Comment No.13 (paras. 6.c, 12, 18, 24, 29, 49, 50 and 59); Convention on the Rights of the Child, Articles 3, 29.1, General Comment No. 1 (para. 9), General Comment No. 7 (para. 13), General Comment No. 17 (para. 57.g), General Comment No. 26 (para. 53) ; Convention on the Elimination of Discrimination against Women, Article 10, General Comment No. 36 (paras. 24.b, 27.d, 46.g, 69.i).
See also non-binding instruments:
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education, (Guiding principles and strategies for transformational ECCE, para. 2.i)
Specific references about school curricula:
- Committee on the Rights of the Child, General Comment No. 1, para. 9: ‘The curriculum must be of direct relevance to the child’s social, cultural, environmental and economic context and to his or her present and future needs and take full account of the child’s evolving capacities; teaching methods should be tailored to the different needs of different children. Education must also be aimed at ensuring that essential life skills are learnt by every child and that no child leaves school without being equipped to face the challenges that he or she can expect to be confronted with in life. Basic skills include not only literacy and numeracy but also life skills such as the ability to make well-balanced decisions; to resolve conflicts in a non-violent manner; and to develop a healthy lifestyle, good social relationships and responsibility, critical thinking, creative talents, and other abilities which give children the tools needed to pursue their options in life.’
- Committee on the Rights of the Child, General Comment No. 26, para. 53: ‘School curricula should be tailored to children’s specific environmental, social, economic and cultural contexts and promote understanding of the contexts of other children affected by environmental degradation. Teaching materials should provide scientifically accurate, up-to-date and developmentally and age-appropriate environmental information. All children should be equipped with the skills necessary to face expected environmental challenges in life, such as disaster risks and environment-related health impacts, including the ability to critically reflect upon such challenges, solve problems, make well-balanced decisions and assume environmental responsibility, such as through sustainable lifestyles and consumption, in accordance with their evolving capacities.’
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding principles and strategies for transformational ECCE, para. 2.i): ’Improve the relevance and quality of ECCE curricula and pedagogy: Given the importance of ECCE in laying the foundations for flourishing lives and societies, ECCE curricula and pedagogy should build on local knowledge to develop child-centred, play based, fully inclusive, and environmentally and gender-responsive learning approaches that affirm multilingual education and the promotion of mother tongue language of instruction. Curricula and pedagogy should be informed by the latest developments in science and culture on how children develop and learn.’
Existence of laws and/or policies ensuring students protection from all forms of violence in schools
Violence against children is widespread, across different cultures and societies. It occurs everywhere including homes, schools and streets; in places of work and entertainment, and care and detention centres. While all children face violence everywhere, children from the marginalised background and children who expose to crisis situation such as war, armed conflicts, environmental disaster are more vulnerable to various forms of physical and mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse.
The Committee on the Rights of Child, through a series of General Comments including General Comments Nos. 8, 13, 24 and 26 provides guidance on how States can meet their obligations to protect children from all forms of violence. Interpreting Article 19 of the Convention in its General Comment 13, it highlights various States’ obligations – in terms of the legislative, administrative, social and educational measures that the State has to take to protect children from all forms violence in all ‘care settings,’ including schools. The committee further emphasises the different stages of intervention to be focussed from prevention through to recovery and reintegration.
The Committee on the Rights of the Child defines ‘care settings’ as ‘places where children spend time under the supervision of their “permanent” primary caregiver (such as a parent or guardian) or a proxy or “temporary” caregiver (such as a teacher or youth group leader) for periods of time which are short-term, long-term, repeated or once only. Usual care settings include family homes, schools and other educational institutions, early childhood care settings, after-school care centres, leisure, sports, cultural and recreational facilities, religious institutions and places of worship.’ (General Comment No. 13, para. 34)
The set of indicators in this section assess a) the existence of child protection policies in education institutions, b) the preventive plans that the State has to adopt to protect educational institutions during emergencies and lastly c) the integration of trauma counselling/therapy services in educational programs for physical and psychological recovery and social reintegration of a child victim affected in emergencies. This can be assessed together or separately depending on the purpose of the monitoring.
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Existence of laws and /or policies ensuring child protection from all forms of violence in schools and educational institutions including ECCE centres/pre-primary schools
Article 19 of the Convention on the Rights of the Child emphasises that States have to take legislative, administrative, social and educational measures for the protection of children. According to the Committee on the Rights of the Child the legislative measures refer to national, provincial and municipal laws and all relevant regulations (General Comment 13, paras. 41 and 42). Further, the Committee suggests that sectoral legislations such as family law, education law should clearly prohibit use of violence or corporal punishment in the relevant settings (General Comment 8, para. 35). The administrative measures include establishing policies, programmes, monitoring and oversight systems required to protect the child from all forms of violence. Further, it clarifies that the policies should cover professional codes of ethics and guidance for teachers, carers and others, rules of charters of institutions, protocols, memoranda of understanding and standards of care for all childcare services and settings. Check the existence of specific child protection laws and policies that protect children from all forms of violence in all care settings, including schools, other educational institutions and ECCE centres.
Human Rights Standards:
Convention on the Rights of the Child, Article 19, General Comment No. 8 (para. 35), General Comment No. 13 (paras. 41 and 42).
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Existence of national contingency plans to protect children and staff and educational facilities including schools and ECCE centres in times of emergencies
This indicator assesses if national contingency plans exist to protect children, staff in schools and educational facilities during emergencies. This should be done as part of the State’s emergency preparedness efforts for reducing risks in education in emergencies such as climate disasters, health crises, conflicts, etc. The handbook published by the Global Education Cluster recommends to include such plans as part of the education sector development plan.
The Safe School Declaration recommends ‘to adopt and promote “conflict-sensitive” approaches to education in international humanitarian and development programmes, and at a national level where relevant’. Further the guidelines provided along with the Safe school Declaration emphasise that schools and universities should not be used and must never be destroyed by the fighting forces of parties to armed conflicts (Guideline 1). It emphasises that the parties to armed conflict should take into consideration the fact that children are entitled to special respect and protection as well as the potential long-term negative effect on a community’s access to education posed by damage to or the destruction of a school (Guideline 4.a).
In the case of protecting ECCE centres and staff in areas affected by armed conflict, ILO Policy Guidelines on ECCE personnel suggest measures that include: agreements between parties of an armed conflict to designate ECCE centres as demilitarized zones; not to target staff, children, parents and infrastructure in relation to an ECCE facility; and to continue operation of ECCE services in the event of a change of power over a locality. ECCE centres can be supported to establish necessary procedures in case of imminent or actual violence (evacuation of staff and children, protective measures for staff and children), and to establish community-based early warning capacities to monitor risks of violence (para. 121).
For more details about disaster risk reduction in emergencies and good practices refer to the Global Education Cluster’s handbook, ‘Disaster Risk Reduction in Education in Emergencies: A Guidance Note’ (2012).
Human Rights Standards:
Convention on the Rights of the Child, Articles 38.4, General Comment No. 7 (paras. 3, 36), General comment No. 26 (para. 69); Convention (IV) relative to the Protection of Civilian Persons in Time of War, Articles 24 and 50.
See also non-binding instruments:
- ILO Policy Guidelines on ECCE personnel (para. 121)
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education, (para 2.iii)
Specific references:
- Committee on the Rights of the Child, General comment No. 26, para. 69: ‘States have a due diligence obligation to take appropriate preventive measures to protect children against reasonably foreseeable environmental harm and violations of their rights, paying due regard to the precautionary principle. This includes assessing the environmental impacts of policies and projects, identifying and preventing foreseeable harm, mitigating such harm if it is not preventable and providing for timely and effective remedies to redress both foreseeable and actual harm.’
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding principles and strategies for transformational ECCE, para. 2.iii): ‘Protect and guarantee the right to ECCE in and after emergencies and protracted crises: Children and ECCE services are hugely vulnerable to crises, including conflicts and natural disasters. All efforts should be made to protect them’
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Integration of free and quality trauma counselling/therapy services in the School or ECCE programme for children affected by any forms of neglect, exploitation or abuse; or any form of inhuman/degrading treatment
Article 39 of the Convention on the Rights of the Child requires States to ‘promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts.’ This indicator examines if school programmes, including ECCE programmes, provide phyco-social support to young children and students affected by any form of violence, including in contexts of emergencies.
Human Rights Standards:
Convention on the Rights of the Child, Article 39, General Comment No. 7 (Paras. 36, 37), General Comment No. 8 (para. 37), General Comment No. 13, (paras. 47.d, 52), Joint general Comment No. 4 of the Committee on the Protection of the Rights to All Migrant Workers and Members of their Families and No. 23 the Committee on the Rights of the Child (para. 62).
Specific reference to ECCE:
Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding principles and strategies for transformational ECCE, para. 2.iii): ‘Protect and guarantee the right to ECCE in and after emergencies and protracted crises: Children and ECCE services are hugely vulnerable to crises, including conflicts and natural disasters. All efforts should be made to protect them. Programmes should support psycho-social and emotional well-being as well as education and care, and trauma informed pedagogy. All programmes should help children and their families to build resilience to navigate future crises.’
Comments:
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
This indicator examines the existence of legislative or policy provisions guaranteeing children living with mothers in prisons to have access to equal education including ECCE/pre-primary education.
Comments:
The Committee on the Rights of the Child (General Comment No. 7, para. 24), seeks States to ensure that all young children, especially the most vulnerable are guaranteed access to ECCE. It emphasises that particular attention should be given to those at risk of discrimination including children living with mothers in prison.
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Levels of disaggregation: Urban/Rural, Region, Public/Private.
Human Rights Standards:
Convention on the Rights of the Child, Articles 2, 6.2, 24, 27, 28, General Comment No. 7 (para. 24 and Section IV).
Teenage pregnancy is a complex social issue often caused by human rights violations such as gender-based violence against girls, child marriage, lack of access to sexual and reproductive health services, and lack of access to education. Often these violations happen to the most marginalised girls, particularly girls with disabilities, girls living in poverty, and girls living in rural areas. Pregnant girls and adolescent mothers face barriers in returning to school, due to stigmatisation, unaffordable school fees, and lack of childcare services; and what they need now to get back to school. This indicator assesses if they have access to childcare services while continuing their education.
Comments:
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Human Rights Standards:
Convention on the Elimination of All Forms of Discrimination Women, Article 10, General comment No. 36 (paras. 24.g, 31.d and 39.a) and General comment No. 34 (para. 43.g); Joint General Comment of the African Commission on Human and Peoples’ Rights (ACHPR) and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) on ending child marriage (para. 59).
Specific references :
Committee on the Elimination of All Forms of Discrimination Women, General Comment No. 36 (para. 24.g) and General Comment No. 34 (para. 43.g) recommends States to review and/or abolish laws and policies that allow the expulsion of pregnant girls and teachers and ensure that there are no restrictions on their return following childbirth. Further, it recommends providing them with childcare facilities and breastfeeding rooms.
This indicator examines if the national law or policies have provision to provide free school meals in schools including ECCE centres.
Comments:
Childhood hunger and malnutrition can have devastating impact, affecting children's overall growth and cognitive development and adversely affect their learning abilities. According to the World Food Programme, millions of children either go to schools on an empty stomach or do not go to schools due to hunger. In particular, girls and those who live in conflict affected countries miss schools as they have to support their parents due to poverty and therefore hunger has a direct correlation in decreasing the school enrolment rate. In such a scenario, as the Committee on the Rights of the Child emphasise ‘School feeding is desirable to ensure all pupils have access to a full meal every day, which can also enhance children’s attention for learning and increase school enrolment.’ (General Comment No. 15, para. 46)
While school feeding is recommended for all levels of education in schools, it is key for ECCE. As highlighted by the Tashkent Declaration (Premabule, para. 9), ‘ECCE recognizes the holistic nature of child development, encompassing early cognitive and social development, which requires foundational learning, responsive care, nutrition, health, safety, protection, and play.’ Therefore, the committee on the Rights of Child (General comment No. 7, para. 27) urges States to take all possible measures to create conditions that promote the well-being of all young children during this critical phase of their lives. It emphasises (General Comment No.15, para. 45) that ‘adequate nutrition and growth monitoring in early childhood are particularly important.’ Further, it clarifies (General Comment No. 7, para. 10) that Article 6 encompasses all aspects of development and that a young child's health and psycho-social well-being are in many respects interdependent and affirms that the 'highest attainable standard of health care and nutrition during their early years' enables children to enjoy a healthy start in life (Article 24), which is vital for overall physical, cognitive, social and emotional development.
To know more about School Feeding or School meals, refer to:
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World Food Programme at https://www.wfp.org/school-meals
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School Meal Coalition at https://schoolmealscoalition.org/
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Human Rights Standards:
Convention on the Rights of the Child, Articles 6.2, 18.2, 24.2 (a) (c) and 29 (a), General comment No. 7 (paras. 10, 12 and 27), General Comment No. 15 (paras. 45 and 46).
Specific Reference to ECCE :
Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding principles and strategies for transformational ECCE, para. 2.iv): ‘Ensure all children receive nurturing care: Early childhood is a crucial time for physical and socio-emotional growth and development. Nurturing care encompasses the needs for good health, optimal nutrition, security and safety, early learning and responsive caregiving by primary care providers.’
This indicator examines if the national laws and/or policies have provisions in relation to ‘school health services’ in schools including ECCE centres. School health services refers to services such as health screening, immunisation services, vitamin supplements, preventive health education and counselling services to children.
Comments:
As briefed by the Committee on the Rights of the Child (General Comment No. 15, para. 20), childhood is a period of continuous growth and in each phase important developmental changes occur in terms of physical, psychological, emotional and social development. These changes occurring at different stages of life have an impact on children's health. A lack of understanding these health implications in different stages, especially the preventable health diseases can have a significant impact on children's overall growth and development and adversely affect their learning abilities. Therefore, as recommended by the Committee on the Rights of the Child, ‘health-service provision within schools provide an important opportunity for health promotion, to screen for illness, and increase the accessibility of health services for in-school children’ (General Comment No. 15, para. 36).
While regular health services are recommended for all levels of education in schools, it is key for ECCE. As highlighted by the Tashkent Declaration, ‘ECCE recognizes the holistic nature of child development, encompassing early cognitive and social development, which requires foundational learning, responsive care, nutrition, health, safety, protection, and play.’ Therefore, the committee on the Rights of Child (General comment No.7, para. 27) urges States to take all possible measures to create conditions that promote the well-being of all young children during this critical phase of their lives. Further, it clarifies (General Comment No. 7, para.10) that article 6 encompasses all aspects of development and that a young child's health and psycho-social well-being are in many respects interdependent and affirms that the 'highest attainable standard of health care and nutrition during their early years' enables children to enjoy a healthy start in life (art. 24), which is vital for overall physical, cognitive, social and emotional development.
For more details on school health services refer WHO guideline on school health services.
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Human Rights Standards:
Convention on the Rights of the Child, Articles 6.2, 18.2, 24.2 (a) (b) (d) and 29(a), General comment No. 7 (paras. 10, 12 and 27), General Comment No. 15 (paras. 20 and 36).
Specific references to ECCE:
Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding principles and strategies for transformational ECCE, para. 2.iv): ‘Ensure all children receive nurturing care: Early childhood is a crucial time for physical and socio-emotional growth and development. Nurturing care encompasses the needs for good health, optimal nutrition, security and safety, early learning and responsive caregiving by primary care providers.’
As emphasised by the Committee on the Rights of the Child (General Comment No. 17, para. 9), ‘Play and recreation are essential to the health and well-being of children and promote the development of creativity, imagination, self-confidence, self-efficacy, as well as physical, social, cognitive and emotional strength and skills. They contribute to all aspects of learning.’ The Committee also recognises play as one of the most distinctive features of early childhood (General Comment No. 7, para. 34).
In a school environment, the Committee emphasises that the right to play should be fulfilled in, through adopting various aspects including by :
- Physical environment and setting : Providing adequate indoor and outdoor space to facilitate play, sports, games and other related cultural and artistic activities, including for the children with disabilities to participate equally.
- Structure of the day: Ensuring children has sufficient time to play and rest during the day.
- School curriculum: Allocating appropriate time and expertise within the school curriculum for children to learn, participate in and generate cultural and artistic activities, including music, drama, literature, poetry and art, as well as sports and games;
- Educational pedagogy: Ensuring learning environments should be active and participatory, especially in the early years, play-way method or otherwise known as activity-based learning is integrated.
The set of sub-indicators provided here are more related to ECCE and they can be assessed separately or together depending on the level of education that one monitors and the objective of monitoring.
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Adoption of play-way methods in teaching and learning in ECCE centres/pre-primary schools
The play way method is an educational approach that uses play, activities, games, hand on experience as key components in the learning process, instead of doing it through traditional classroom teaching. This indicator examines if the school curriculum and education pedagogy has integrated play way methods teaching and learning, especially in the early years of learning.
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Percentage of ECCE/pre-primary centres not having adequate activity materials, toys, and tools for learning and physical activities
This indicator examines if the necessary learning materials and tools are available for teaching and learning in play way method. This include learning materials and tools that are safe, free from gender stereotyping and are designed to be used by children with disabilities. It also includes guidelines for teachers.
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Percentage of schools/ECCE centrespre-primary schools without indoor and outdoor play areas
This indicator examines if the physical environment and setting is appropriate for children to engage in play and other cultural and artistic activities. This includes playgrounds with safe boundaries, play landscapes, indoor activity rooms and sports equipment designed with adequate protection and sanitation facilities. This should promote equal opportunities for both boys and girls and children with disabilities and equip children to take the necessary precautions.
Comments:
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private.
Human Rights Standards:
Convention on the Rights of the Child, Article 31, General Comment No. 7 (para. 34), General Comment No. 17 (paras. 14.f, 19, 27, 41, 43, 58.e, 58.g).
This indicator examines if the State has sufficient number of public schools, including ECCE centres, to accommodate the needs of children in both rural and urban areas having access to public education.
Comments:
The Committee on the Economic, Social and Cultural Rights in its General comment 13, (para. 6.a) stresses that the State has to ensure that ‘functioning educational institutions and programmes have to be available in sufficient quantity within the jurisdiction of the State party’.
Levels of disaggregation: Level of Education, Urban/Rural, Region.
Human Rights Standards:
Convention on the Rights of the Child, Article 28; International Covenant on Economic, Social and Cultural Rights, Article 13.2, General Comment No. 13 (para. 6.a); Convention on the Elimination of All Forms of Discriminations against Women, Article 10.a, General Comment No. 36 (para. 29).
This includes norms, standards, and guidelines set for infrastructure facilities and safety in schools and other educational institutions including ECCE centres, either in the domestic law or by the Ministry of Education or other relevant ministries or by the statutory bodies. This indicator assesses if such norms are set either by law or policies.
Comments:
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private.
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Article 13.2, General Comment No. 13 (para. 6.a and 50), General Comment No. 15 (paras. 12.c.i and 16.b); Convention on the Rights of the Child, Article 28.1, General comment No. 7 (paras. 23 and 38), General Comment No. 26 (paras. 55 and 56) ; Convention on the Elimination of All Forms of Discrimination against Women, Article 10, General Comment No.36 (para. 31); Convention on the Right of Persons with Disabilities, Article 24, General Comment No. 4 (para. 31); (Revised) European Social Charter, Article 17.2; Protocol of San Salvador, Article 13.3; African Charter on the Rights and Welfare of the Child, Article 11.3.
The States have the obligation to make primary education compulsory. The Committee on the Elimination of Discrimination against Women (General Comment No. 36 (paras. 36, 39) recommends that education should be free and compulsory from pre-school to secondary. Besides, States have politically committed through Sustainable Developmental Goal 4 to provide free and compulsory primary and secondary education and at least one year of free and compulsory pre-primary education of good quality by 2030. This indicator evaluates if the States have provisions related to compulsory education in the domestic laws. If yes, assess what levels of education it covers.
Comments:
As defined by the Committee on Economic, Social and Cultural Rights (General Comment No. 11 (para. 6), the element of compulsory education ‘serves to highlight the fact that neither parents, nor guardians, nor the State are entitled to treat as optional the decision as to whether the child should have access to education. Similarly, the prohibition of gender discrimination in access to education, required also by articles 2 and 3 of the Covenant, is further underlined by this requirement. It should be emphasized, however, that the education offered must be adequate in quality, relevant to the child and must promote the realization of the child's other rights.’
Available data:
UNESCO data for SDG indicator 4.1.7 on Number of years of (a) free and (b) compulsory primary and secondary education guaranteed in legal frameworks and SDG indicator 4.2.5 on Number of years of (a) free and (b) compulsory pre-primary education guaranteed in legal frameworks.
Human Rights Standards:
Convention on the Rights of the Child, Article 28; International Covenant on Economic, Social and Cultural Rights, Article 13, General Comment No. 11 (para. 11), General Comment No. 13, (paras. 10, 51 and 59); Convention on the Elimination of All Forms of Discrimination against Women, Article 10 (a), General Comment No. 36 (para. 36 and 39).
See also non-binding instruments :
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding Principles and Strategies for Transformational ECCE, 5.iv).
- Transforming our world: the 2030 Agenda for Sustainable Development (Sustainable Development Goals 4.1 and 4.2)
Specific reference about compulsory education from pre school to higher education :
- General Comment No. 36 of the Committee on the Elimination of Discrimination against Women, para. 36 :‘Education has to be affordable to all, without discrimination based on sex or any other prohibited ground, and should be free and compulsory from pre-school up to the secondary system and progressively up to the tertiary level’
- General Comment No. 36 of the Committee on the Elimination of Discrimination against Women, para. 39: ‘the Committee recommends that States parties take all measures to ensure that user fees and hidden costs do not negatively impact girls’ and women’s access to education by instituting the following measures: a) provision of universal, free and compulsory education from pre-school up to the secondary level regardless of socio-economic status for citizens of the state as well as for girls and women with migrant and refugee status;’
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education, November 2022, recommends States to ‘Enhance policy and legal frameworks to ensure that the right to education includes ECCE. ECCE is key to achieving the right to education for all and to enable the fulfilment of other social rights. Thus, the availability, accessibility, adaptability and acceptability of ECCE services must be reflected in policies and legal frameworks. This includes the right to at least one year of free and compulsory pre-primary quality education for all children.’ (Guiding Principles and Strategies for Transformational ECCE, 5.iv).
Early childhood is a critical developmental period for physical, cognitive, social, and emotional development. Since they are interrelated and influence each other, a holistic approach is essential to ensure children's overall development and growth at an early age. The Tashkent Declaration endorses this view and states: ‘ECCE recognizes the holistic nature of child development, encompassing early cognitive and social development, which requires foundational learning, responsive care, nutrition, health, safety, protection, and play.’ The Committee on the Rights of the Child calls upon state parties to have ‘a systematic and integrated approach to law and policy development in relation to all children up to 8 years old’ General Comment No. 7 (para. 22). This indicator assesses if national laws or policies on ECCE have adopted a holistic approach.
Comments:
Nurturing care framework for Early Childhood Development provides details about the holistic approach and suggests five essential components as more critical for children's growth and development to their full potential. They are good health, adequate nutrition, responsive caregiving, security and safety, and learning opportunities.
Human Rights Standards:
Convention on the Rights of the Child, Articles 6, 18, 24, 27, 28, 29 and 31, General Comment No. 7 (paras. 10 and 22).
The Convention on the Rights of the Child establishes parents and other primary caregivers as children’s first educators. The Committee on the Rights of the Child in its General Comment No. 7 (paras. 15 to 21 and 29) elaborates in detail the parental responsibilities and the assistance States need to provide to the parents in performing their child-rearing responsibilities, especially at the early childhood. This includes a) enhancing parents' understanding of their role; b) providing services, assistance and programmes and c) ensuring their participation in the planning and execution of children’s policies and programmes. The set of indicators in this section focuses on the second aspect – assessing if States provide necessary services and other assistance to parents in performing child-rearing responsibilities.
The two sub-indicators evaluate if States have legal and/or policy provisions for assisting parents with childcare services.
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
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Existence of laws and/or policies that guarantees child care services for children of working parents
States have to provide assistance to parents and legal guardians in performing their child-rearing facilities. In order to enable parents to combine family obligations with work responsibilities and participation in public life, States have to establish child care institutions, facilities and services for which they are eligible.
Human Rights Standards:
Convention on the Rights of the Child, Articles 18.2, 18.3, General Comment No. 7 (para. 21) ; Convention on the Elimination of All Forms of Discrimination against Women, Article 11.2 (c), General Comment No. 34 (paras. 43(g) and 52(h) and General Comment No. 35 (para.31 (a.iii); ILO Maternity Protection Convention, 2000 (No. 183).
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Existence of law and/or policies that guarantees maternity/paternity/parental leave for working parents
Maternity, paternity or parental leave is paid time off that parents are entitled to care for the newborn child. The International Labour Organization (ILO) has made the provision for child welfare and maternity protection a primary concern since its inception. While most countries have adopted legislative provisions on maternity protection at work, it doesn’t cover a specific category of workers, especially those in the informal sector (e.g. Domestic workers, agricultural workers, women in small and medium-sized enterprises and migrant workers). On the other hand, not all countries have legal provisions for paternity leave, although it is essential to promote equal responsibility of both parents in child care and the overall development of a child. This indicator examines if maternity/paternity/ parental leave are guaranteed in laws and policies at the national level.
For more details about maternity, paternity or parental leave refer to ILO policy brief: Maternity and Paternity at work: Law and practice across the world.
Human Rights Standards:
ILO Maternity Protection Convention, 2000 (No. 183), and Maternity Protection Recommendation, 2000 (No. 191); Convention on the Rights of the Child, Article 18; Convention on the Elimination of All Forms of Discrimination against Women, Article 11.2 (b).
Comments:
As affirmed by the Committee on the Rights of the Child, the principle that parents (and other primary caregivers) are children’s first educators is well established in the Convention. Therefore the Committee emphasises the need 'to ensure that children, parents and teachers can have an input in decisions relevant to education' (General Comment No. 1, para. 22). It also recommends that, while planning for early childhood, ECCE programmes are ‘developed as far as possible in partnership with parents, including through active cooperation between parents, professionals and others in developing the child’s personality, talents and mental and physical abilities to their fullest potential’ (General Comment No. 7 (para. 29.b).
Comments:
Human Rights Standards:
Convention on the Rights of the Child, Article 29.1 (c), General Comment No. 1 (para. 22), General Comment No. 7 (para. 29.b)
The right to equality and non-discrimination are core human rights and the basis for ensuring the right to education for all. The international human rights legal framework contains international instruments to combat specific forms of discrimination. The rights to equality and non-discrimination of various marginalised groups who experience discrimination on various grounds including race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth, age or other status have to be guaranteed in domestic laws to make equal access to education and making educational institutions barrier-free and inclusive. This indicator measures if the rights of non-discrimination and equality are guaranteed in the national legal framework including by the Constitution and domestic laws.
Comments:
Domestic laws should cover all levels and dimensions of the right to education, including provisions related to free access, quality and non-discrimination.
Levels of disaggregation: Level of Education, Gender, Minority, Region, Urban/Rural, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons living in Poverty, Persons with Disabilities, Child Labourers, Child Soldiers.
Human Rights Standards:
International Covenant on Civil and Political Rights (ICCPR), Articles 2, 16 and 26; International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 2.2, General Comment No. 20, General Comment No. 13, paras. 31-37; Convention on the Elimination of All Forms of Racial Discrimination (CERD), Articles 1, 2, 4 and 5; Convention on the Rights of the Child (CRC), Article 2; Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Articles 2, 3, 4 and 15; Convention on the Rights of Persons with Disabilities (CRPD), Articles 3, 4, 5 and 12; International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Article 7; UNESCO Convention against Discrimination in Education.
This indicator assesses whether the State has adopted laws and/or policies to guarantee the right to education of girls and women, including the provision of the necessary equipment and support to enable female students to attend school, including ECCE centres, without any discrimination.
Comments:
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Levels of disaggregation: Level of Education, Gender, Minority, Region, Urban/Rural, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons Living in Poverty, Persons with Disabilities, Child Labourers, Child Soldiers.
Human Rights Standards:
Convention on the Elimination of Discrimination against Women, Articles 2 and 10, General Comment No. 34 (paras. 43, 44) and General Comment No. 36 (paras. 36, 39.a); UNESCO Convention against Discrimination in Education, Articles 2.2 and 3; International Covenant on Economic, Social and Cultural Rights, Article 2.2, General Comment No. 13 (para. 6); Convention on the Elimination of All Forms of Racial Discrimination, Article 5(v); Convention on the Rights of the Child, Article 2, General Comment No. 7 (para. 11.b.i); Convention on the Rights of Persons with Disabilities, Articles 3 and 6; International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Article 7.
This indicator assesses whether the State has adopted laws and/or policies that guarantee the right to education of students from rural and remote areas, including the provision of the necessary equipment and support for them to attend school, including ECCE centres/pre-primary schools.
Comments:
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Human Rights Standards:
UNESCO Convention against Discrimination in Education, Articles 2.2 and 3 ; International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 2.2, General Comment No. 13 (para. 6); Convention on the Elimination of All Forms of Racial Discrimination (CERD), Article 5(v) ; Convention on the Rights of the Child (CRC), Article 2; Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Articles 2 and 10, General Comment No. 34 (paras. 43 and 44), General Comment No. 36 (paras. 29, 32a, b and d); Convention on the Rights of Persons with Disabilities (CRPD), Article 3; International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICMW), Article 7.
Some countries have adopted special legal provisions to guarantee migrant children the right to education, regardless of the legal status of the children or parents. However, some countries adopt differential education policies for citizens and non-citizens. This indicator examines if legal provisions in the national laws or an inclusive policy framework exist to ensure equal access to education for children belonging to migrants, refugees, asylum seekers or any non-citizens.
Comments:
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Human Rights Standards:
Convention on the Rights of Child, Article 2, 22.1 and 28, General Comment No. 6 (paras. 40-45 ; 63 ; 90) Joint General Comment No. 22 (paras. 6.a, 18, 32.k) and Joint General Comment No.23 (paras. 3, 21, 59, 60-62); Convention on the protection of the Rights of All Migrant Workers and Members of their families, Articles 7, 12.4, 30, 43, 45 ; General Comment No 1 (Paras. 14, 57 and 59), General Comment No. 2 (paras. 75-79), Joint General Comment No. 3 (paras. 6.a, 18, 32.k) and Joint General Comment No.4 (paras. 3, 21, 59, 60-62); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Article 10, General Recommendation No. 34 (paras. 43 and 44), General Recommendation No. 36 (para. 39.b); International Covenant on Economic, Social and Cultural Rights (ICESCR), Articles 2 and 13, General Comment No. 13 (paras. 6, 16.e and 34), General Comment No. 20 (para. 30); International Convention on the Elimination of All Forms of Racial Discrimination (CERD), Article 5(e)(v); UNESCO Convention against Discrimination in Education, Articles 1, 2, 3 and 4.
See also RTE, International Instruments - The Right to Education of Migrants, Refugee and Internally Displaced Persons.
See also non-binding instruments :
- New York Declaration for Refugees and Migrants (paras. 32, 79 and 82)
- Global Compact for Migration (para. 31.f)
Specific references :
Committee on the economic, social and cultural rights, General Comment No. 13 (para. 34): ‘The Committee takes note of article 2 of the Convention on the Rights of the Child and article 3 (e) of the UNESCO Convention against Discrimination in Education and confirms that the principle of non-discrimination extends to all persons of school age residing in the territory of a State party, including non-nationals, and irrespective of their legal status.’
Committee on the economic, social and cultural rights, General Comment 20: Non-discrimination in economic, social and cultural rights para. 30: ‘The ground of nationality should not bar access to Covenant rights, e.g. all children within a State, including those with an undocumented status, have a right to receive education (...). The Covenant rights apply to everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation.’
Further, the New York Declaration for Refugees and Migrants (para. 32) and the Global Compact for Migration (para. 31.f) affirm that all migrant children irrespective of the migration status have non-discriminatory access to ‘inclusive and equitable quality education’ based on equality with nationals.
Research evidence from around the world echoes that learning first in one's mother language leads to better outcomes in the future – for individuals, cultures, and nations. This indicator examines whether provisions in the national laws or policies exist to ensure equal access to education for children belonging to migrants, refugees, asylum seekers or any non-citizens, including provisions for the necessary equipment and support they need to access the learning and learning materials in their mother tongue.
Comments:
For more details about learning in the mother tongue at ECCE level, refer to UNESCO (2020), Mother Tongue and Early Childhood Education - Synergies and Challenges.
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Human Rights Standards:
Convention on the Rights of the Child, Article 30; Indigenous and Tribal Peoples Convention, Article 28; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Article 45.4; Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistics Minorities, Article 4.3; International Covenant on Economic, Social and Cultural Rights, Article 13 and 15, General Comment No. 21 (para. 27).
All teachers and other education support personnel have the right to decent work according to internationally recognised standards. This indicator examines whether national laws or policies exist to protect the rights and duties of teachers and other support personnel and whether they include specific rights such as the right to fair wages and equal remuneration for work of equal value without distinction of any kind, the freedom of association and collective bargaining, the right to non-discrimination, the right to safe and healthy working conditions, and the right to rest, leisure and reasonable limitation of working hours including periodic holidays with pay.
Comments:
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Articles 7 and 13.2, General Comment No. 13 (para. 50).; Committee on the Rights of the Child, General Comments No. 7 (para. 14.c, 23), General Comment No. 8 (para. 46) and General Comment No.14 (para. 79).
ILO Conventions:
- C87 - Freedom of Association and Protection of the Right to Organise Convention, 1947
- C98 - Right to Organise and Collective Bargaining Convention, 1949
- C100 - Equal Remuneration Convention, 1951
- C111 - Discrimination (Employment and Occupation) Convention, 1958
- C190- Violence and Harassment Convention, 2019
See also non-binding instruments :
- ILO Declaration on Fundamental Principles and Rights at Work
- UNESCO Recommendations Concerning the Status of Teachers
- ILO Policy Guidelines on the promotion of decent work for early childhood education personnel
- Transforming the teaching profession: Recommendations of the United Nations Secretary-General’s High-Level Panel on the Teaching Profession
Specific references about the rights of teachers and the non-binding instruments:
- ILO Declaration on Fundamental Principles and Rights at Work contains the core principles that ILO Member States are called upon to respect by virtue of their membership even if they have not ratified the ILO’s Conventions in which they are expressed. When adopted, the Declaration covered freedom of association and the effective right to collective bargaining; the elimination of all forms of forced and compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation. On 11 June 2022, the International Labour Conference amended this Declaration by adding to it a safe and healthy working environment as a fifth principle and right.
- ECCE personnel are often not recognised or valued by society. When monitoring ECCE refer the specific recommendations made for ECCE personnel in the ILO Policy Guidelines on the promotion of decent work for early childhood education personnel.
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education emphasises, that ‘the wages and working conditions of ECCE personnel should be at least on a par with those of primary education teachers, and contractual conditions should be stable and provide pathways for career growth. Promoting the organization and representation of ECCE personnel as well as their right to social dialogue and collective bargaining can play an important role in promoting decent work for ECCE personnel’ (para. 3(ii)). Further Tashkent Declaration emphasis regulating ECCE personnel in the non-state sector not only in terms of quality services and quality but on the contractual and working conditions (Guiding principles and strategies for transformational ECCE, para. 2.iii).
The participation rate in pre-primary education refers to the percentage of children who participated in at least one year of pre-primary education before primary school enrolment.
According to UNESCO, the participation rate in organised learning (one year before the official primary entry age) is defined as the percentage of children in the given age range who participate in one or more organised learning programmes, including programmes which offer a combination of education and care. Participation in early childhood and primary education are both included. The age range will vary by country depending on the official age of entry to primary education.
Comments:
This is the SDG 4.2.2 indicator that tracks the progress of SDG Target 4.2. which is 'by 2030, ensure all boys have access to quality early childhood development, care and pre-primary education so that they are ready for primary education.’. The percentage gives an indication of the level of enjoyment of the right to pre-primary education.
Available data:
Levels of disaggregation: Gender, Income, Minority, Region, Racial, Descent (Caste), Urban/Rural, Persons with Disabilities, Migrants, Refugees and IDPs.
Human Rights Standards:
UNESCO Convention against Discrimination in Education, Articles 1.1 and 1.2; International Covenant on the Elimination of All Forms of Racial Discrimination, Article 5(e)(v) ; International Covenant on Economic Social and Cultural Rights, Article 13; Convention on the Elimination of All Forms of Discrimination against Women, Article 10(a), General Comment No. 36 (para. 36 and 39); Convention on the Rights of the Child, Articles 6.2, 18, 28.1 and 29.1, General Comment No.7 (para. 28), Joint General Comment 23 (para. 59); International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Article 30, Joint General Comment 4 (para. 59); Convention on the Rights of Persons with Disabilities, Article 24, General Comment 4 (para. 65).
See also non-binding instruments :
- Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Guiding Principles and Strategies for Transformational ECCE, 5.iv).
- Transforming our world : the 2030 Agenda for Sustainable Development (Sustainable Development Goals 4.1 and 4.2)
This is the SDG. 4.2.1 indicator that tracks the progress made to SDG target 4.2. Which is 'by 2030, ensure all boys have access to quality early childhood development, care and pre-primary education so that they are ready for primary education’.
As per the SDG definition, this refers to the proportion of children aged 24 to 59 months who are developmentally on track in health, learning and psycho-social well-being, and it includes the following concepts :
- Health: gross motor development, fine motor development and self-care
- Learning: expressive language, literacy, numeracy, pre-writing, and executive functioning
- Psycho-social well-being: emotional skills, social skills, internalising behaviour, and externalising behaviour
Comments:
Early Childhood Development Index : UNICEF has developed a tool, Early Childhood Development Index 2030 (ECDI 2030), to exclusively measure this SDG indicator 4.2.1: proportion of children under five years of age who are developmentally on track in health, learning and psycho-social well-being. ECDI 2030 captures the achievement of critical developmental milestones by children between the ages of 24 and 59 months. Mothers or primary caregivers are asked 20 questions about how their children behave in certain everyday situations and the skills and knowledge they have acquired. Key demographics and subnational areas can disaggregate the data.
Available data:
UNICEF Data -Early childhood development- development status.
Levels of disaggregation: Disaggregation by the age of the child as well as based on Gender, Income, Minority, Region, Racial, Descent (Caste), Urban/Rural, Persons with Disabilities, Migrants, Refugees and IDPs.
Human Rights Standards:
Convention on the Rights of the Child, Articles 6.2, 24, 27, General Comment No. 7 (paras. 13 and 39).
A multiethnic, multicultural, and linguistically representative teaching workforce is desirable to ensure equal and quality inclusive education for children belonging to diverse origins. In order to ensure equal access and quality outcomes for children of minority, multi-ethnic, migrant, indigenous or different home-language backgrounds, recruitment policies and strategies include employment of teachers from diverse origins. Recommendations of the United Nations Secretary-General’s High-Level Panel on the Teaching Profession (R10) encourages States to ‘develop policies and measures to promote equity, diversity and inclusion in the teaching workforce, in particular for vulnerable and marginalised groups.’ This indicator assesses if the recruitment policies are inclusive and ensure diversity.
Comments:
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Human Rights Standards:
ILO Convention C111 - Discrimination (Employment and Occupation) Convention; ILO Convention C169 - Indigenous and Tribal Peoples Convention, Part VI; Convention on the Elimination of All Forms of Discrimination against Women, Article 10, General Comment No. 36 (para. 31.c)
See also non binding instruments:
ILO Declaration on Fundamental Principles and Rights at Work, ILO Policy Guidelines on the promotion of decent work for early childhood education personnel, Guideline 5.2 (paras. 56-58), and Recommendations of the United Nations Secretary-General’s High-Level Panel on the Teaching Profession (Recommendation 10).
Specific reference about ECCE personnel:
Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education, November 2022, recommends: The ECCE ‘profession should mirror the diversity of societies and communities, including under-represented groups. Likewise, the over-representation of women in the ECCE sector should be examined critically to address gender biases related to the responsibilities of the care, education and upbringing of children in society.’ (para. 3.ii).
Research evidence from around the world echoes that learning first in one's mother language leads to better outcomes in the future – for individuals, cultures, and nations. This indicator assesses the percentage of children who are taught in their mother tongue at a given level of education. The Committee on Economic, Social and Cultural Rights emphasise that educational programmes for minorities and Indigenous groups are conducted in their language in accordance with international human rights standards (General comment No. 21, para.27).
Comments:
For more details about learning in the mother tongue at ECCE level, refer: to UNESCO (2020), Mother Tongue and Early Childhood Education - Synergies and Challenges.
Levels of disaggregation: Disaggregation by the age of the child as well as based on linguistic minorities, Indigenous peoples, Region, Urban/Rural, Migrants, Refugees and IDPs and public/private.
Human Rights Standards:
Convention on the Rights of the Child, Article 30; Indigenous and Tribal Peoples Convention, Article 28; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Article 45.4; International Covenant on Economic, Social and Cultural Rights, Articles 13 and 15, General Comment No. 21 (para. 27).
See also non-binding instrument:
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistics Minoritiesand, Article 4.3.
This indicator examines whether children from a particular marginalised community have equal access to education. Marginalised groups include women and girls, Indigenous peoples and minorities, persons with disabilities, persons with HIV / AIDS, child labourers, persons in detention, migrants, refugees and IDPs, and persons living in poverty.
This indicator measures the rate of children of a specific group enrolled in ECCE centres/schools/educational institutions at a given level of education as a percentage of the total number of children from the specific group to be enrolled in that level of education.
Comments:
Specific Group: Depending on the local context and your monitoring plan, you may customise the indicator and specifically define the specific group who are in a disadvantaged position and whom you are focussing on in your monitoring work. Similarly, customise that indicator with the level of education that you are focussing on in your monitoring work. For instance, here below are some indicators that are customised to specific groups:
- Girl children: Percentage of young girls enrolled at a given level of education as a proportion to the total number of young girls with the age to be enrolled in that level of education.
- Children from Indigenous Peoples and Minority families: Percentage of children from racial, ethnic, caste, religious and linguistic minorities and Indigenous Peoples enrolled at a given level of education as a proportion to the total number of young children from these communities, with the age to be enrolled in that level of education.
- Children with Disabilities: Percentage of children with disabilities enrolled at a given level of education as a proportion to the total number of young children with disabilities with the age to be enrolled in that level of education.
- Children from Migrants, Refugees and Asylum seeker families: Percentage of migrant children enrolled at a given level of education as a proportion of the total number of migrant young children with the age to be enrolled in that level of education.
- Children from rural and remote areas, low-income families or other vulnerable situations such as children with HIV AIDs: Percentage of children from rural areas/low-income families/vulnerable groups enrolled in ECCE programmes as a proportion to the total number of young children (from these groups) with the age to be enrolled in ECCE.
Levels of disaggregation: Level of education, Region, Urban/Rural, Public/Private.
Human Rights Standards:
Convention on the Rights of the Child, Articles 6.2, 18, 28.1, General Comment No. 23 (paras. 59 and 62); UNESCO Convention against Discrimination in Education, Articles 1 and 3.e; International Covenant on Economic, Social and Cultural Rights, Articles 2.2, 2.3, 13.2, General Comment No. 13 (paras. 6, 31 to 37); Convention on the Elimination of All Forms of Discrimination against Women, Article 10(a), General Comment No. 34 (paras. 43, 44), General Comment No. 36 (paras. 36, 39.a); Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Article 30, Joint General Comment 4 (para.59 and 62); Convention relating to the Status of Refugees, Article 22; International Covenant on the Elimination of All Forms of Racial Discrimination, Article 5(v); Convention on the Rights of Persons with Disabilities, Article 24.
As emphasised by the Convention on the Elimination of All Forms of Discrimination against Women, promoting gender equality perspectives and elimination of any gender-stereotyped concept of the roles of men and women at all levels and in all forms of education is crucial to eliminate structural forms of gender discrimination rooted in prejudices and customary practices. This indicator is to assess if content on gender equality is integrated into the different levels of education and if non-stereotypical educational curricula are developed.
Comments:
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private
Human Rights Standards:
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Article 5(a), General Comment No. 35 (para.30.b.i) and General Comment No.36 (para. 27.b.d).
Specific references:
General Comment No. 35 of the CEDAW Committee (para. 30.b.i) recommends the 'Integration of content on gender equality into curricula at all levels of education, both public and private, from early childhood onwards and into education programmes with a human rights approach.’
General Comment No. 36 of the CEDAW Committee, para. 27: ‘the Committee recommends that States parties strengthen efforts and take proactive measures to eliminate gender stereotyping in education that perpetuates direct and indirect discrimination against girls and women by: (b) Developing and implementing policies and programmes, including awareness-raising and educational campaigns about the Convention, gender relations and gender equality, at all levels of schooling and among society at large, directed at modifying the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary practices, in line with article 5 (a) of the Convention ; (d) Revising and developing non-stereotypical educational curricula, textbooks and teaching materials to eliminate traditional gender stereotypes that reproduce and reinforce gender-based discrimination against girls and women and to promote more balanced, accurate, healthy and positive projections of the images and voices of women and girls’.
The Convention on the Rights of the Child establishes parents and other primary caregivers as children’s first educators. The Committee on the Rights of the Child in its General Comment 7 (paras. 15 to 21 and 29) elaborates in detail the parental responsibilities and the assistance states need to provide to the parents in performing their child-rearing responsibilities, especially in early childhood. This includes a) enhancing parents' understanding of their role; b) providing services and programmes and c) ensuring their participation in the planning and execution of children’s policies and programmes. The set of indicators in this section focuses on the first aspect – assessing various measures taken by the States in enhancing the understanding of parents about their role in children’s early education, development and welfare, protecting children from violence and also on common responsibilities of both parents in the upbringing and development of the child. Such measures include parenting skills education, home visitation, support groups, family counselling and publicity campaigns and workshops. The indicators given below can be assessed separately or together depending on the scope of the monitoring.
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Measures taken to enhance parents’ understanding of the importance of their children’s early education
Comments:
Lack of concrete measures to enhance parents' understanding of the importance of their children's early education may reduce the likelihood that parents will send their children to pre-primary schools.
Human Rights Standards:
Convention on the Rights of the Child, Articles 6.2, 29.1, General Comment No. 7 (paras. 20, 21 and 28); Convention on the Elimination of All Forms of Discrimination against Women, Article 10, General Comment No. 36 (paras. 36 and 39.a); Convention on the Protection of the Rights of All Migrant Workers and Their Families, Article 30, Joint General comment No. 4 (para. 59), Convention on the Rights of Persons with Disabilities, Article 24, General Comment No.4 (para. 65).
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Measures taken to enhance the understanding of parents and legal guardians on the holistic development of a child covering aspects related to nutrition, health, safety and development
Comments:
Lack of adequate knowledge of parents, the primary caregivers on children’s nutrition, health and safety, may affect the holistic development of a child. Therefore, as emphasised in the Convention on the Rights of the Child (article 24) guidance should be provided to parents about healthy and safe child-rearing practices. This includes promoting parental education on essential child health aspects, such as breastfeeding, nutrition, hygiene, preventive health care, sanitation, and protecting children from harm due to accidents and violence for both parents and caregivers of young children. For more details refer to General Comment No. 7 (para. 27) and General Comment No. 15 (paras. 64 and 67), Committee on the Rights of the Child.
Human Rights Standards:
Convention on the Rights of the Child, Article 24.2 (e) (f), General Comment No.7 (para. 27.b) and General Comment No. 15 (paras. 64 and 67).
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Measures taken to enhance the understanding of parents and legal guardians on non-violent child-rearing responsibilities and protecting children from violence and abuse
Comment:
Violence against children is widespread, across different cultures and societies. It occurs everywhere including homes, schools and streets; in places of work and entertainment, and care and detention centres. At home, children may be exposed to either violent situations or experience violence by parents and other close family members – physical, sexual and psychological violence, as well as deliberate neglect. At the same time, families hold the greatest potential for protecting children from all forms of violence and empowering them to protect themselves. Therefore, it is key to promote parental education programmes for parents and other caregivers about positive and non-violent parenting, reducing home and family violence and protecting children from violence in other situations.
The Committee on the Rights of Child (CRC), through a series of General Comments including General Comment No. 8, 13, 24 and 26 provide guidance on how States can meet their obligations to protect children from violence. In these General Comments, the Committee highlights preventive strategies which include enhancing parents' understanding of good child-rearing and promoting non-violent forms of parenting. For instance, refer below to some references from the general comments:
‘The promotion of non-violent forms of parenting and education should be built into all the points of contact between the State and parents and children, in health, welfare and educational services, including early childhood institutions, day-care centres and schools.’ CRC General Comment No. 8: The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (arts. 19; 28, para. 2; and 37, inter alia) (para. 48.)
‘Supporting parents and caregivers to understand, embrace and implement good child-rearing, based on knowledge of child rights, child development and techniques for positive discipline to support families’ capacity to provide children with care in a safe environment.’ CRC General Comment No. 13 on the right of the child to freedom from all forms of violence (para. 47 c(i)).
Human Rights standards:
Convention on the Rights of the Child, Article 19, General Comment No. 8, (paras. 44 and 48), General Comment No. 13 (paras. 8, 44.c, 47.c (I -vi), 66, 72.e, General Comment No. 24 (para. 10).
Reference:
World Report on Violence Against Children
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Measures taken to promote equal responsibility of parents – emphasising that father and mother have equal roles in the upbringing and development of the child
Both parents have to play an equal role in taking up child-rearing responsibilities. As emphasised by CEDAW (art. 5(b), family education should emphasise ‘the common responsibility of men and women in the upbringing and development of their children’. By encouraging fathers to play an equal role in the care and development of their young children, States should promote gender-transformative early childhood care and development. This indicator assesses if the parental education undertaken by the States is gender responsive and has provisions for promoting and engaging men in the care work of young children.
Human Rights Standards:
Convention on the Elimination of All Forms of Discrimination against Women, Article 5(b)); Convention on the Rights of the Child, Art. 18, General Comment No. 7 (para. 19); Convention on the Elimination of All Forms of Discrimination against Women, General Recommendation No.3, General Comment No.36 (para. 27b, c).
Reference:
To know more about engaging fathers in care work, refer to, Plan International (2021), Promoting Men’s Engagement in Early Childhood Development - A Programming and Influencing Package,
Comments:
This indicator measures the number of reported incidents of torture of students, teachers and other educational personnel perpetrated by armed forces or armed groups (from government and/or opposition groups).
Comments:
Children, teachers, and other personnel may be subject to torture by parties to conflict if suspected, for example, to support the other party to the conflict. A high number of torture against students and/or personnel may create a climate of insecurity: parents may avoid sending their girls to school by fear that something might happen to them and teachers and staff may refrain from going to work. This might lead to an increase in drop-out rates and teachers absenteeism as well as a decrease in gross enrollment rate.
'Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions' (Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Article 1).
The indicator can be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the total number of reported attacks on schools, universities and other educational facilities perpetrated by non-state armed groups in a designated period of time. It is the sum of all reported incidents of attacks on schools, universities and other educational facilities perpetrated by non-state armed groups
Schools and universities should be understood in a broad sense: the term includes primary and secondary schools, colleges, as well as kindergartens, preschools, technical and vocational training schools and non formal education sites. It also includes related infrastructure, such as playgrounds, libraries, school buses, university campus and educational buildings that have been evacuated because of security threats posed during armed conflict. Not included, however, are institutions dedicated to the training and education of personnel who are, or who will become, members of the fighting forces or parties to armed conflict (e.g. military colleges and any other training establishments).
Comments:
Schools are protected civilian objects under the international humanitarian law. Therefore they benefit from the humanitarian principles of distinction and proportionality. State and non-state actors have a legal obligation to respect international humanitarian law and can be brought to justice in case of violation of humanitarian principles.The indicator may be applied at regional or national level.
Available data:
For examples of reports on attacks on schools, universities and other educational facilities check the virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict and the annual reports of the Global Coalition to Protect Education from Attack.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 48, 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820.
This indicator measures the total number of reported attacks on schools, universities and other educational facilities perpetrated by state armed forces in a designated period of time. It is the sum of all reported incidents of attacks on schools, universities and other educational facilities perpetrated by state armed forces (including government paramilitary forces).
Schools and universities should be understood in a broad sense: the term includes primary and secondary schools, colleges, as well as kindergartens, preschools, technical and vocational training schools and non formal education sites. It also includes related infrastructure, such as playgrounds, libraries, school buses, university campus and educational buildings that have been evacuated because of security threats posed during armed conflict. Not included, however, are institutions dedicated to the training and education of personnel who are, or who will become, members of the fighting forces or parties to armed conflict (e.g. military colleges and any other training establishments).
Comments:
States are the primary duty bearers regarding safeguarding and the implementation of the right to education. Schools are considered protected civilian objects under international humanitarian law. Therefore, they benefit from the humanitarian principles of distinction and proportionality. State and non-state actors have a legal obligation to respect international humanitarian law and can be brought to justice in case of violation of humanitarian principles. The indicator may be applied at regional or national level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 48, 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820.
This indicator is the sum of reported incidents of non targeted attacks on schools, universities and other educational facilities. Non-targeted attacks are not directed at schools but have an impact upon them, either because they may lead to the closing of educational facilities or result in damages to their buildings. For example, threats that lead to the closing of schools because of security issues related to armed conflict are also considered non targeted attacks and are, therefore, included. Attacks to facilities in reasonable proximity to a school are also included, because of the damages they can cause to educational facilities infra-structure. Those attacks may take various forms: airstrikes, ground strikes, bombing/shelling, explosions, looting, burning, vandalism, etc.
Schools and universities should be understood in a broad sense: the term includes primary and secondary schools, colleges, as well as kindergartens, preschools, technical and vocational training schools and non formal education sites. It also includes related infrastructure, such as playgrounds, libraries, school buses, university campus and educational buildings that have been evacuated because of security threats posed during armed conflict. Not included, however, are institutions dedicated to the training and education of personnel who are, or who will become, members of the fighting forces or parties to armed conflict (e.g. military colleges and any other training establishments).
Comments:
Under international humanitarian law, schools are protected civilian objects and therefore they benefit from the humanitarian principles of distinction and proportionality. Attacks on education facilities have an important impact on access and availability of education, as well as on quality of education. The indicator may be applied at regional or national level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator is the sum of reported incidents of targeted attacks on schools, universities and other educational facilities. Target attacks are attacks directed at schools, universities and other educational facilities. They might take various forms: airstrikes, ground strikes, bombing/shelling, explosions, looting, burning vandalism, etc.
Schools and universities should be understood in a broad sense: the term includes primary and secondary schools, colleges, as well as kindergartens, preschools, technical and vocational training schools and non formal education sites. It also includes related infrastructure, such as playgrounds, libraries, school buses, university campus and educational buildings that have been evacuated because of security threats posed during armed conflict. Not included, however, are institutions dedicated to the training and education of personnel who are, or who will become, members of the fighting forces or parties to armed conflict (e.g. military colleges and any other training establishments).
Comments:
Sometimes it is not easy to know if an attack was targeted or indiscriminate. Under the international humanitarian law, schools are protected civilian objects and therefore they benefit from the humanitarian principles of distinction and proportionality. Attacks on education facilities have important impacts on access and availability of education as well as in quality of education. The indicator may be applied at a national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
Total number of reported military attacks on schools, universities, and other educational facilities
This indicator is the sum of all reported incidents of attacks on schools, universities and other educational facilities in a given time (12 months, for example).
Comments:
Attacks on education facilities have important impacts on access and availability of education as well as in quality of education. Furthermore, schools are protected civilian objects under international humanitarian law. Therefore, they benefit from the humanitarian principles of distinction and proportionality. The indicator may be applied at a national or subnational level.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator includes targeted and indiscriminate attacks on schools and universities.
Schools and universities should be understood in a broad sense: the term includes primary and secondary schools, colleges, as well as kindergartens, preschools, technical and vocational training schools, and non formal education sites. It also includes related infrastructure, such as playgrounds, libraries, school buses, university campus and educational buildings that have been evacuated because of security threats posed during armed conflict. Not included, however, are institutions dedicated to the training and education of personnel who are, or who will become, members of the fighting forces or parties to armed conflict (e.g., military colleges and any other training establishments.) See more in GCPEA's Guidelines for Protection Schools and Universities from military use during armed conflict.
Attacks on educational facilities include airstrikes, ground strikes, bombing/shelling, explosions, looting, burning, direct threats, vandalism, etc. It also includes attacks that occur in reasonable proximity to a school, because of the damages they can cause to educational facilities infrastructure. Although they do not meet GCPEA’s criteria for an attack, schools and universities may close due to generalised insecurity related to the armed conflict and such closures may be worth documenting and reporting.
Comments:
Attacks on education facilities have important impacts on access and availability of education as well as in quality of education. Furthermore, schools are protected civilian objects under international humanitarian law. Therefore they benefit from the humanitarian principles of distinction and proportionality. The indicator may be applied at a national or subnational level. After desegregation by incident, you may want to look for patterns or trends in the region/sub-region.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: For each incident, identify:
I. Alleged perpetrator
A. State armed forces
B. Non state armed groups
II. Type of Attack
A. Allegedly targeted/Non targeted attack
B. Form of attack (airstrike, bombing/shelling, burning, arson, IEDs/explosives, theft/looting, raid, etc.)
III. Extent of damages
A. Is the school partially or completely closed or not allowed to open?
B. Number of school days missed
C. Number of children out of school
D. Material damages to classes (wall, windows, roof), leisure areas (playground, library, school court, cafeteria), infrastructure (water, electricity, sanitation), school material (tables, school board, books, toys).
E. Human casualties (injuries and/or deaths) disaggregated by age group and gender
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
The infrastructure requirements/standards may vary slightly depending on the culture, weather, geographical location, and domestic norms and standards. However, some of the basic amenities that every educational facility should have consist of :
- Safe building suitable for all weather
- Fan/air-conditioning/heating facilities as suitable to the weather condition
- Separate activity room for children under care
- A kitchen/dining area
- Separate room for resting
- Sanitation facilities including sex segregated toilets
- Electricity
- Safe drinking water
- Storage space
- Indoor and outdoor play area
- Boundary wall or fencing for safety
- Fire exit
- Pollution-free environment
Based on the norms/standards set in the domestic laws or policies examine the percentage of schools and educational institutions lacking adequate infrastructure facilities. You may want to collect data at local, regional or national level.
Comments:
Note that laws / legislative provisions will be more protective than policies. For more information see our webpage ‘What information to look at’ and chapter 6 of the RTE / UNESCO Right to Education handbook.
Levels of disaggregation: Level of Education, Urban/Rural, Region, Public/Private.
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Article 13.2, General Comment No. 13 (para. 6.a and 50), General Comment No. 15 (paras. 12.c.i and 16.b); Convention on the Rights of the Child, Article 28.1, General comment No. 7 (paras. 23 and 38), General Comment No. 26 (paras. 55 and 56) ; Convention on the Elimination of All Forms of Discrimination against Women, Article 10, General Comment No. 36 (para. 31); Convention on the Right of Persons with Disabilities, Article 24, General Comment No. 4 (para. 31); (Revised) European Social Charter, Article 17.2; Protocol of San Salvador, Article 13.3; African Charter on the Rights and Welfare of the Child, Article 11.3.
For the purposes of this indicator, 'abused children' refers to victims of violence, corporal punishment and / or sexual violence
Comments:
A lack of an independent body may deter children from filing a complaint, particularly if they are complaining against abuses committed by teachers or other school workers
Human Rights Standards:
Articles 4, 19 (2) & 28 (2), Convention on the Rights of the Child; Articles 2 (3) & 7, International Covenant on Civil and Political Rights; Article 11 (5), African Charter on the Rights and Welfare of the Child; Article 12 (1) (c) & (d), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 16, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 17 (1) (b), (Revised) European social Charter
This indicator refers to the extension of material damages due to targeted and non-targeted military attacks on schools, universities and other educational facilities. Damage to schools includes: facility infrastructure (walls, windows, roof, water, electricity, sanitation); leisure areas (playgrounds, libraries, school halls, cafeterias); and school materials (tables, black or whiteboards, books, toys).
Comments:
Damage to infrastructure can put the safety of students, teachers, and staff at risk. Furthermore, damages caused by attacks on educational facilities might result in its partial or complete closure, affecting education access, participation, and quality.
Educational facilities should be understood broadly. It refers to primary and secondary schools and facilities, universities, and other higher education facilities, as well as kindergartens, preschools, and non-formal education sites.
Consider using visual data to illustrate your findings. For an example on how to document using visual data, see the RTE multimedia report on education under attack in eastern Ukraine.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820.
This indicator measures the number of students reported injured as a consequence of attacks on education perpetrated by armed forces or armed groups (from government and/or opposition groups) in a designated period of time.
Comments:
Attacks on education may result in students being lightly or heavily injured. For example, if a school is shelled during school hours, the risk of student injuries is extremely high. Torture and sexual violence against students may also lead to physical injuries, but injuries as a consequence of torture and sexual violence do not enter this category, as they are counted separately. The indicator can be applied at regional, national, or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Gender, ethnicity and age group.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820.
This indicator measures the number of teachers and/or other educational personnel reported suffering from physical injuries as a consequence of attacks on on schools, universities and/or other educational facilities perpetrated by armed forces or armed groups (from government and/or opposition groups) in the last 12 months or at a designated period of time.
Comments:
Attacks on education may result in light or heavy injuries to teachers and educational personnel (janitors, teaching assistants, bus drivers). For example, if a school is shelled during school hours, the risk of students and personnel suffering from injuries is extremely high. Torture and sexual violence against teachers and educational personnel may also lead to physical injuries, but injuries as a consequence of torture and sexual violence do not enter this category, as they are counted separately. The indicator can be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Gender and age group.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820.
This indicator measures the number of reported threats and/or intimidations perpetrated by armed forces or armed groups (from government and/or opposition groups) against students, teachers and other educational personnel in the last 12 months or during another designated period of time. It only includes threats and intimidations when students, teachers and/or personnel are targeted due to their status as students/teachers/personnel.
Comments:
Students, teachers, and other personnel may be subject to threats or be intimidated by parties to conflict if suspected, for example, to support the other party to the conflict. A high number of reported threats and/or intimidations may lead to an insecurity climate. Parents may fear sending their children to school, teachers and school staff may fear repression and avoid going to work. As a result, there might be an increase in drop-out and teacher absenteeism rate. The indicator can be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the total number of reported attacks on students, teachers and other educational personnel perpetrated by state armed forces in the last 12 months or at a designated period of time. It includes attacks committed at schools, universities or other educational facilities or on the way to or from them. It is the sum of all reported incidents of attacks on students, teachers and other educational personnel perpetrated by a state’s armed forces (including government paramilitary forces).
Comments:
States are the primary duty bearers regarding the safeguarding and the implementation of the right to education. Civilians are protected persons under humanitarian law and parties in conflict can be brought to justice for attacks against them. The indicator may be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the total number of reported attacks on students, teachers and/or other educational personnel perpetrated by armed forces or armed groups (from government and/or opposition groups) at schools, universities or other educational facilities, or on the way to or from them, in the last 12 months or during another designated period of time. It is the sum of the number of incidents of threats and/or intimidations; persons suffering from physical injuries, torture, sexual violence; killings, enforced disappearances, child recruitment, and incidents of placing students and teachers in harm’s way. It does not include students/teachers/personnel injured or harmed in attacks on schools/universities as those constitute another category of attack.
Comments:
A high number of reported attacks on students, teachers and or other educational personnel indicates that states are not complying with their legal obligation to protect, realise and fulfill the right to education. Other than the physical and psychological impacts of such attacks, they may also have important consequences on the availability and accessibility of the right to education. Furthermore, a high number of attacks on students, teachers and/or personnel may create a climate of insecurity: parents may avoid sending their girls to school for fear that something might happen to them, and teachers and staff may refrain from going to work. This might lead to an increase in drop-out rates and teachers’ absenteeism as well as a decrease in gross enrollment rate. The indicator can be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator refers to targeted attacks on students, teachers, and other educational personnel carried out by conflict actors. It includes injuries, torture, abduction, forced disappearance, sexual violence, child soldier recruitment, killings, and threats of violence (such as coercion or extortion), that occur in educational facilities, or when students, teachers, and other educational personnel are at, or on their way to or from school, university or other educational facilities. Attacks on students and teachers also include reported incidents of placing students and teachers in harm’s way by exposing them to return fire, including in the way to and from school - as for example when a school bus is caught in cross fire.
Levels of disaggregation: for each incident, identify (disaggregate by age group and gender):
Perpetrator
State’s armed forces
Non State armed forces
II. Type and extent of the attack (for each type of attack, disaggregate by age group, gender and level of education)
Threat and/or intimidation: Children, teachers, and other personnel may be subject to threats or be intimidated by parties to conflict if suspected, for example, to support the other party to the conflict
Torture: Children, teachers, and other personnel may be subject to torture by parties to conflict. "Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions" (Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Article 1).
Sexual violence: "Sexual violence at, or on the way to or from, school or university occurs when armed forces, law enforcement, other state security entities, or non-state armed groups, sexually threaten, harass, or abuse students or educators of all genders. Sexual violence includes rape, sexual slavery, forced marriage, forced prostitution, forced pregnancy, forced sterilization, forced abortion, forced circumcision, castration, genital harm, and any other non-consensual sexual act, as well as acts that may not require physical violence or contact but include humiliation or shaming of a sexual nature" (GCPEA, Education Under Attack 2020 Report, p. 87/88). Note that for the Global Coalition to Protect Education from Attack (GCPEA), sexual violence constitutes a distinct category. We consider it a sub-category of attacks on students, teachers and other educational personnel and therefore, included in this category.
Killings: This category refers to indiscriminate killings of students, teachers and/or other educational personnel, such as mass killings that might take place inside educational facilities or on school premises, for example.. This does not include killings resulting from torture, sexual violence, or attacks that place students and teachers in harms way - as they constitute another sub-category of attack.
Enforced disappearance: Enforced disappearance "is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the state or by persons or groups of persons acting with the authorization, support or acquiescence of the state, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law" (Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Article 1). Enforced disappearances caused by non-state armed groups are also included in this category. Some armed groups are opposed to secular and girls’ education, leading to girls and women being abducted and sometimes forced into marriage or into having sexual relations with their perpetrator.
Child recruitment Into armed forces or non-state armed groups: "Child recruitment at, or on the way to or from, school occurs when armed forces or armed groups recruit children under the age of 18 from their schools or along school routes. Recruitment for any purpose is included, such as serving as fighters, spies, or intelligence sources; for domestic work; or to transport weapons or other materials” (GCPEA, Education Under Attack 2020 Report, p. 87). Note that for the Global Coalition to Protect Education from Attack (GCPEA), child recruitment constitutes a distinct category. We consider it a sub-category of attacks on students, teachers and other educational personnel and therefore, included in this category.
Placing students and/or teachers in harm’s way: Students and teachers may be used as human shields or exposed to return fire, including on the way to and from school - as, for example, when a school bus is caught in cross fire.
Comments:
These attacks are distinct from attacks on schools, in that they target people rather than infrastructure.
When students, teachers or school staff are threatened or attacked there are short and long term consequences on the right to education. For example, students who are injured may be prevented from going to school for a certain period of time, may suffer from physical and psychological injuries affecting their capacity to concentrate and their learning skills. The consequences of attacks perpetrated against teachers and educational personnel affect the access to and quality of education.
Students and educational personnel may be denied access to classrooms because of checkpoints and roadblocks. A general climate of insecurity and fear as a result of conflict can also prevent students and teachers from attending school, increasing drop-out rate and teacher absenteeism rate.
Some armed groups are opposed to secular and girls’ education, leading to girls and women being abducted and sometimes forced into marriage or into having sexual relations with their perpetrator. Disaggregated data can help identify if minority, ethnic groups, religious groups or girls and women are being specifically targeted, for example.
Students, teachers and staff of all levels of education - including, pre-school, kindergarten, vocational training and higher education - are affected by these types of attack.
The indicator may be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: For each incident, disaggregate by perpetrator, gender of student/educator type and extent of the attack.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the number of reported casualties as a consequence of attacks on schools, universities and/or other educational facilities perpetrated by armed forces or armed groups (from government and/or opposition groups) in the last 12 months or during a designated period of time. Casualties include injuries and deaths.
Comments:
Attacks on educational facilities and/or military use of schools can result in human casualties. For example, if a school is shelled during school hours, the risk of students, teachers, and staff suffering from light to fatal injuries is extremely high. The indicator can be applied at regional, national, or subnational level. Because casualties are often under-reported, it is very difficult to identify the total number of casualties in the context of attacks on education. Reported casualties are considered as the minimum number of casualties.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Gender and age group.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820.
This indicator measures the number of reported fatal injuries to teachers and/or other educational personnel as a consequence of attacks on schools, universities and/or other educational facilities perpetrated by armed forces or armed groups (from government and/or opposition groups) in the last 12 months or during a designated period of time.
Comments:
Attacks on education may result in the death of teachers and other educational personnel (janitors, teaching assistants, bus drivers). For example, if a school is shelled during school hours, the risk of students and educational personnel suffering from fatal injuries is extremely high. Deaths as a consequence of indiscriminate killings are not counted here as they correspond to a different indicator. This indicator can be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Gender and age group.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820.
This indicator measures the number of students reported suffering fatal injuries as a consequence of attacks on schools, universities and/or other educational facilities perpetrated by armed forces or armed groups (from government and/or opposition groups) in the last 12 months or during a designated period of time.
Comments:
Attacks on education may result in the death of students. For example, if a school is shelled during school hours, the risk of students and personnel suffering from fatal injuries is extremely high. Deaths as a consequence of indiscriminate killings are not counted here as they correspond to a different indicator. This indicator can be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Gender and age group.
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Articles 50 & 94, Geneva Convention IV; Article 51, 52 & 78, Additional Protocol to the Geneva Conventions; Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 13, Framework Convention for the Protection of National Minorities; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 17, European Social Charter (Revised; Safe Schools declaration; Safe Schools Declaration. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820.
This indicator measures the total number of reported attacks on students, teachers and other educational personnel perpetrated by non-state armed groups in the last 12 months or at a designated period of time. It includes attacks committed at schools, universities or other educational facilities or on the way to or from them. It is the sum of all reported incidents of attacks on students, teachers and other educational personnel perpetrated by non-state armed groups.
Comments:
Under international humanitarian law, civilians shall enjoy general protection against dangers arising from military operations. This rule applies to all parties in conflict, including non-state actors. The indicator may be applied at a regional, national or subnational level.
Available data:
Virtual library of the Office of the Special Representative of the Secretary General for Children and Armed Conflict, OCHA’s Humanitarian Data Exchange’s Education and Conflict Monitor, the reports of the Global Coalition to Protect Education from Attack (GCPEA), and GCPEA and Insecurity Insight’s Education in Danger newsbrief.
Levels of disaggregation: Disaggregate by age group and gender.
Human Rights Standards:
Article 1 (A), Article 2 (1), Article 13 (1,4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Articles 4, 13, 32, 50 & 94, Geneva Convention IV; Article 48, 49, 50, 51, 57, 58, 77 & 78, Additional Protocol I to the Geneva Conventions; Art 4 (2, 3° Additional Protocol II to the Geneva Conventions; International Convention for the Protection of All Persons from Enforced Disappearance; Article 2 (2) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 1 (A), Article 2 (1), International Covenant on Civil and Political Rights; Article 7, (g) (i) & article 8 (2) (b) (ix), Rome Statute;; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 27 (3) ILO Convention 169; Article 18, Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. UN Security Council resolutions: 1261 (1999), 1314 (2000), 1379 (2001), 1460 (2003), 1539 (2004), 1612 (2005), 1820 (2008), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014), 2225 (2015), 2427 (2018).
This indicator measures the number of reported incidents of corporal punishment in schools, by teachers or school administrator in the last 5 years
Comments:
Even in countries where corporal punishment is outlawed, there can be cases in which teachers still use it against children. A significantly low number of reported incidents of corporal punishment does not necessarily reflect a true lack of incidents of school corporal punishment; it may actually reflect underreporting of such incidents, which may be indicative of inadequate access to complaint mechanisms and / or inadequate awareness among children of the importance of reporting such incidents
Levels of disaggregation: Public/Private
Human Rights Standards:
Articles 19 & 28 (2), Convention on the Rights of the Child; Article 7, International Covenant on Civil and Political Rights; Article 11 (5), African Charter on the Rights and Welfare of the Child; Article 12 (1) (c) & (d), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 16, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Article 17 (1) (b), (Revised) European Social Charter; Article 3, European Convention on Human Rights
This indicator measures the number of reported incidents of violence by children against other children in the last 12 months
Comments:
A significantly low number of reported incidents of school violence does not necessarily reflect a true lack of incidents of school violence; it may actually reflect underreporting of such incidents, which may be indicative of inadequate access to complaint mechanisms and / or inadequate awareness among children of the importance of reporting such incidents
Levels of disaggregation: Public/Private
Human Rights Standards:
Articles 7, International Covenant on Civil and Political Rights; Article 19, Convention on the Rights of the Child; Article 12 (1) (c) & (d), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 17 (1) (b) & 7 (10), (Revised) European Social Charter; Article 6, Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women
This indicator measures the number of reported incidents of sexual harassment in school in the last 12 months
Comments:
A significantly low number of reported incidents of sexual harassment does not necessarily reflect a true lack of incidents of sexual harassment; it may actually reflect underreporting of such incidents, which may be indicative of inadequate access to complaint mechanisms and / or inadequate awareness among children of the importance of reporting such incidents
Human Rights Standards:
Articles 7, International Covenant on Civil and Political Rights; Articles 19 (1) & 34 Convention on the Rights of the Child; Articles 12 (1) (c) & (d), Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; Article 17 (1) (b) (Revised) European Social Charter
This indicator measures the number of incidents reported per year regarding safety problems on the way to / from school (eg violence against students, transport accidents, etc.)
Comments:
A significantly low number of reported cases of incidents regarding safety of students to and from school does not necessarily reflect a true lack of incidents; it may actually reflect underreporting of such incidents, which may be indicative of inadequate access to complaint mechanisms and / or inadequate awareness among children of the importance of reporting such incidents
Levels of disaggregation: Urban/Rural, Region
Human Rights Standards:
Article 13 (2), International Covenant on Economic, Social and Cultural Rights; Articles 19 & 28 (1), Convention on the Rights of the Child; Articles 17 & 7 (10), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 11 (3), African Charter on the Rights and Welfare of the Child, Article 13 (4) African Youth Charter; Article 41 (2) Arab Charter; Article 4, UNESCO Convention against Discrimination in Education
Comments:
According to ILO standards, the general minimum age for admission to any employment should not be lower than the age of completion of compulsory schooling and, in any case, no less than fifteen years old. For more details, see here
Human Rights Standards:
Article 2, ILO 138 Minimum Age Convention; Article 32 (2) (a), Convention on the Rights of the Child; Article 10 (3), International Covenant on Economic, Social and Cultural Rights; Article 7, (Revised) European Social Charter; Article 7 (f), Protocol of San Salvador; Article 32, European Union Charter of Fundamental Rights; Article 27 (3), ASEAN Human Rights Declaration
Comments:
This indicator helps measure the lack of enforcement of the legal minimum age of employment set by domestic law
Available data:
Human Rights Standards:
Article 2, ILO Convention 138 Minimum Age Convention; Article 32 (2) (a), Convention on the Rights of the Child; Article 10 (3), International Covenant on Economic, Social and Cultural Rights; Article 7, (Revised) European Social Charter; Article 7 (f), Protocol of San Salvador; Article 32, European Union Charter of Fundamental Rights; Article 27 (3), ASEAN Human Rights Declaration
Comments:
Without such a monitoring body it may not be possible to enforce the legal minimum age of employment and avoid child labour
Human Rights Standards:
Article 2, ILO 138 Minimum Age Convention; Article 7 (2), ILO Convention 182 on Worst Forms of Child Labour; Article 32 (2) (c), Article 7, (Revised) European Social Charter; Article 7 (f), Protocol of San Salvador; Article 32, European Union Charter of Fundamental Rights; Article 27 (3), ASEAN Human Rights Declaration
Specific measures to combat child labour include, for example, providing cash transfers to poor families
Comments:
In order to guarantee the right to education for all, the State must address the structural problems that lead to child labour and also adopt specific measures to ensure that children at risk of entering work or children that have entered work, are able to attend school
Human Rights Standards:
Article 2, ILO Convention 138 Minimum Age Convention; Article 7 (2), ILO Convention 182 on Worst Forms of Child Labour; Article 32 (2) (c), Convention on the Rights of the Child; Article 10 (3), International Covenant on Economic, Social and Cultural Rights; Article 7, (Revised) European Social Charter; Article 7 (f), Protocol of San Salvador; Article 32, European Union Charter of Fundamental Rights; Article 27 (3), Asean Human Rights Declaration
Special measures to include child labourers in education include, inter alia, adapting schools' schedules during harvest seasons in rural areas and making non-formal forms of schooling available for child labourers
Comments:
In order to guarantee the right to education for all, the State must adopt specific measures to ensure that children at risk of entering work or children that have entered work, are able to attend school
Human Rights Standards:
Article 2, ILO Convention 138 Minimum Age Convention; Article 7 (2), ILO Convention 182 on Worst Forms of Child Labour; Articles 32 (2) & 39, Convention on the Rights of the Child; Article 7, (Revised) European Social Charter; Article 7 (f), Protocol of San Salvador; Article 32, European Union Charter of Fundamental Rights; Article 27, ASEAN Human Rights Declaration
This indicator measures the number of reported incidents of occupation or use of schools by armed forces or armed groups (from government or opposition groups) in the last two years
Comments:
"The use of schools for military purposes puts children at risk of attack and hampers children’s right to education, resulting in reduced enrolment and high drop-out rates, especially amongst girls and may also may lead to schools being considered targets for attack" (Source: The Six Grave Violations Against Children During Armed Conflict: The Legal Foundation by the Office of the Special Representative of the Secretary-General for Children and Armed Conflict - Edited in 2013). For an example of a report monitoring this issue, see here
Available data:
The United Nations reports on attacks against schools as one of six grave violations against children in armed conflict. See here (> Countries)
Human Rights Standards:
Article 8 (2) (b) (ix), Rome Statute; Articles 48, 51 & 52, Protocol 1 of the Geneva Convention
This indicator measures the number of reported attacks on schools by armed forces or armed groups (from government or opposition groups) in the last five years
Available data:
The United Nations reports on attacks against schools as one of six grave violations against children in armed conflict. See, here (> Countries)
Human Rights Standards:
Article 8 (2) (b) (ix), Rome Statute; Articles 48, 51 & 52, Protocol 1 of the Geneva Convention
Comments:
Military attacks on students and teachers include not only deliberate attacks but also reported incidents of placing students and teachers in harm’s way by exposing them to return fire
Available data:
The United Nations reports attacks against schools as one of six grave violations against children in armed conflict. See, here (> Countries)
Human Rights Standards:
Articles 6 (1) & 9 (1), International Covenant on Civil and Political Rights; Articles 6, 19 & 38, Convention on the Rights of the Child; Article 22 (3), African Charter on the Rights and Welfare of the Child; Article 8 (2) (b) (ix), Rome Statute; Articles 48, 51 & 52, Protocol 1 of the Geneva Convention
The legal minimum age of military recruitment is the age at which a person is permitted to enlist or be conscripted and take part in hostilities
Comments:
The Convention on the Rights of the Child sets fifteen years old as the minimum age for military recruitment and for taking direct part in hostilities. The 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, drafted in order to raise the minimum ages set out in the Convention, sets the higher age of eighteen years old as the minimum for recruitment or participation in armed conflict. If the legal minimum age of military recruitment is lower than the legal maximum age of completion of compulsory education, military recruitment may effectively undermine compulsory education
Available data:
Human Rights Standards:
Article 38 (2) (3), Convention on the Rights of the Child; Articles 1 & 2 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Article 22 (2), African Charter on the Rights and Welfare of the Child; Articles 8 (2) (b) (xxvi) & 8 (2) (e) (vii), Rome Statute; Article 3, ILO 138 Minimum Age Convention; Article 3 (a), ILO Convention 182 on the Worst Forms of Child Labour Convention; Article 77 (2), Additional Protocol I Geneva Convention; Article 4 (3) (c), Additional Protocol II Geneva Convention
Number of child soldiers is the number of children who are soldiers, in either regular armed forces or armed groups
Comments:
Children who are soldiers are not able to enjoy the right to education
Human Rights Standards:
Article 38 (2) (3), Convention on the Rights of the Child; Articles 1 & 2, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Article 22 (2), African Charter on the Rights and Welfare of the Child; Article 8 (2) (b) (xxvi) & 8 (2) (e) (vii), Rome Statute; Article, 3 ILO 138 Minimum Age Convention; Article 3 (a), ILO 182 Worst Forms of Child Labour Convention; Article 77 (2), Additional Protocol I Geneva Convention; Article 4 (3) (c), Additional Protocol II Geneva Convention
Comments:
Without such programmes, demobilised child soldiers may not be able to fully enjoy the right to education.
Human Rights Standards:
Articles 6 (3) & 7, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Article 39, Convention on the Rights of the Child; Article 22 (3), African Charter on the Rights and Welfare of the Child; Article 7 (2) (b) (c), ILO 182 Worst Forms of Child Labour Convention.
Comments:
During military occupations, the occupying power has the duty to make arrangements for the maintenance of the education system if local institutions are unable to do so.
Document particularly if the occupying power has changed curriculum or changed the teaching languages.
Human Rights Standards:
Articles 24, 50 & 94, Geneva Convention IV relative to the Protection of Civilian Persons in Time of War. Also, importantly, human rights law applies
Means to pursue their educational activities would include access to regular classes with qualified teachers, access to books, etc.
Comments:
Human Rights Standards:
Article 40, Standard Minimum Rules for the Treatment of Prisoners; Articles 38, 72 & 125, Geneva Convention III relative to the Treatment of Prisoners of War.
Comments:
Having such a plan before an emergency occurs is crucial to ensuring that children can enjoy the minimum levels of enjoyment of the right to education during or in the wake of natural disasters. For minimum educational standards during emergency situations, see: The Inter-Agency Network for Education in Emergencies (INEE)
Comments:
For minimum educational standards during emergency situations, see The Inter-Agency Network for Education in Emergencies (INEE)
General government expenditure on education (current, capital, and transfers) is expressed as a percentage of GDP. It includes expenditure funded by transfers from international sources to government. General government usually refers to local, regional and central governments (Source: UIS).
Comments:
This is the most basic expenditure ratio related to the right to education. It provides a snapshot of the extent of State commitment to the provision of education, reflecting the level of resources the State is willing to invest in education relative to its level of development.
Available data:
UIS (Education>Financial resources>Expenditure on education as a percentage of GDP (%)).
Levels of disaggregation: Public/Private, programme orientation, sub-national region
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Articles 13.2 & 14; Convention on the Rights of the Child, Article 28.1; Convention on the Rights of Persons with Disabilities, Article 24.2; ILO Convention 182, Article 7.2 (c); (Revised) European Social Charter, Article 17.2; Protocol of San Salvador, Article 13.3; African Charter on the Rights and Welfare of the Child,Article 11.3; African Youth Charter, Article 13.4; Arab Charter, Article 41.2; UNESCO Convention against Discrimination in Education, Article 4.
Current public expenditure per pupil at each level of education, expressed as a percentage of GDP per capita
Comments:
This indicator measures the share of per capita income spent on each student. It helps in assessing whether a country’s level of investment in education is adequate to the right to education for all. When calculated by level of education, it also indicates the relative costs and emphasis placed by the country on a particular level of education
Levels of disaggregation: Level of Education, Region, Urban/Rural, Income quintile; Public/private (non-profit vs. for-profit), Higher education program orientation
Human Rights Standards:
Article 13 (2) & 14, International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child, Article 13 (4), African Youth Charter; Article 41 (2), Arab Charter; Article 4, UNESCO Convention against Discrimination in Education
This ratio is the percentage of Gross National Product (a proxy to measure national income) that goes into public expenditure
Comments:
Public expenditure ratio reflects the size of a government’s budget in relation to the size of its economy. It represents the resources a government has at its disposal to undertake all its functions, including in the education field. If this ratio is too low, the State is weakened, making it difficult to adequately provide resources for many competing and often essential functions. If this ratio is too high and a large proportion of national income is drawn into the public sector, this might depress private investment and restrict economic growth, which could jeopardise the sustainability of the realisation of the right to education and other rights
Available data:
Human Rights Standards:
Articles 13 (2) & 14, International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child, Article 13 (4), African Youth Charter; Article 41 (2,) Arab Charter; Article 4, UNESCO Convention against Discrimination in Education
The education allocation ratio refers to the percentage of of public expenditure allocated to education
Comments:
This indicator reflects the relative priority given to education among competing budgetary needs. This ratio can help expose and challenge cases in which a government might make spurious arguments about lack of sufficient resources to discharge its duty of progressive achievement when, in fact, the problem is not resource constraints but rather the preference of that government to use available resources for extravagant spending, squandering State resources on unnecessary areas
Available data:
Human Rights Standards:
Articles 13 (2) & 14, International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child, Article 13 (4), African Youth Charter; Article 41 (2), Arab Charter; Article 4, UNESCO Convention against Discrimination in Education
The primary education priority ratio is the percentage of total education expenditure allocated to primary education
Comments:
This indicator reflects priorities within a given educational system. The interpretation of low levels of this ratio will depend on the circumstances. Countries that have already achieved high standards of pre-primary and primary education may be justified in prioritising higher education levels. However, in countries where a significant proportion of the population is illiterate or many children are deprived of the most basic forms of education, a low primary education priority ratio could be interpreted as a violation of a State’s immediate obligation to guarantee free and compulsory basic education
Human Rights Standards:
Articles 13 (2) (a) & 14, International Covenant on Economic, Social and Cultural Rights; Article 28 (1) (a) (e), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3) (a) (d), Protocol of San Salvador; Article 11 (3) (a) (d), African Charter on the Rights and Welfare of the Child, Article 13 (4) (a) (c), African Youth Charter; Article 41 (2), Arab Charter; Article 4 (a), UNESCO Convention against Discrimination in Education
Comments:
Without such a monitoring body it may not be possible to regularly monitor whether the government's budget and allocation of resources are in accordance with human rights standards
Human Rights Standards:
Articles 13 (2) & 14, International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child, Article 13 (4), African Youth Charter; Article 41 (2), Arab Charter; Article 4, UNESCO Convention against Discrimination in Education
Key public financial documents include national and regional budgets, periodic reports on execution of the budgets, reports on distribution of resources by province or department
Comments:
Public access to key public financial documents related to education provides greater transparency and opportunity to monitor and hold government to account with regard to its education expenditure. The budgetary information publicly available should be sufficiently clear and comprehensive to allow members of civil society to effectively monitor service delivery resource flows and the allocation of funds in the education sectors
Human Rights Standards:
Article 19 (2) (3), International Covenant on Civil and Political Rights; Article 10, European Convention on Human Rights; Article 13, American Convention on Human Rights; Article 9 (1), African Charter; Article 32 (1), Arab Charter; Article 23, ASEAN Human Rights Declaration
This indicator measures the estimated proportion of State activities in education funded through extrabudgetary sources, as a share of total public spending in education
Comments:
Where the use of extrabudgetary funds play a large role in resource allocation, the ability to track government’s priorities and to hold the government accountable for the financing of education, may be compromised
Human Rights Standards:
Articles 13 (2) & 14 International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child, Article 13 (4), African Youth Charter; Article 41 (2), Arab Charter; Article 4, UNESCO Convention against Discrimination in Education
The education budget execution rate is the percentage of the approved budget for the education in the last fiscal year that was actually executed
Comments:
If there is no reasonable explanation (eg an unexpected economic crisis that may have forced the government to significantly cut the overall budget or a significant emergency in another sector, such as health or security, which may have forced the government to divert funds originally allocated to education to that sector), significant underspending of the education budget (of over 10%) may be indicative of a violation of the obligation to dedicate maximum available resources to the realisation of the right to education
Human Rights Standards:
Articles 13 (2) & 14, International Covenant on Economic, Social and Cultural Rights; Article 28 (1), Convention on the Rights of the Child; Article 24 (2), Convention on the Rights of Persons with Disabilities; Article 7 (2) (c), ILO Convention 182; Article 17 (2), (Revised) European Social Charter; Article 13 (3), Protocol of San Salvador; Article 11 (3), African Charter on the Rights and Welfare of the Child, Article 13 (4), African Youth Charter; Article 41 (2), Arab Charter; Article 4, UNESCO Convention against Discrimination in Education
Comments:
When States do not have enough resources for the realisation of the right to education for all people under its jurisdiction, they are compelled by international human rights law to seek international assistance and cooperation for the full realisation of this right.
Human Rights Standards:
International Covenant on Economic, Social and Cultural Rights, Article 2.1; Convention on the Rights of the Child, Articles 4, 28.3; ILO Convention 182, Article 8.
See also non-binding instruments:
Tashkent Declaration and Commitments to Action for Transforming Early Childhood Care and Education (Preambule, para. 2).
Comments:
Multilateral or bilateral agreements often have an effect on the right to education and therefore civil society organisations should be consulted when such agreements are being negotiated. Civil society organisations have specialist knowledge and can give comments on the potential effects of such agreements
Human Rights Standards:
Article 25 (a), International Covenant on Civil and Political Rights; Article 2 (1), International Covenant on Economic, Social and Cultural Rights; Articles 4 & 28 (3), Convention on the Rights of the Child; Article 8, ILO Convention 182
Comments:
According to human rights standards, the State should not interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject to the requirement that the education given in such institutions shall conform with minimum standards set by the State
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 2, Optional Protocol 1 European Convention on Human Rights; Article 17 (1) (a), (Revised ) European Social Charter; Article 13, Framework Convention for the Protection of National Minorities; Article 27 (3), ILO Convention 169
Comments:
Such accreditation systems may be necessary to ensure that minimum educational standards set by the State are met in all private schools (and not only in public schools)
Human Rights Standards:
Article 13 (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 2, Op Protocol 1, European Convention on Human Rights; Article 17 (1) (a), (Revised ) European Social Charter; Article 13, Framework Convention for the Protection of National Minorities; Article 27 (3), ILO Convention 169
(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.141)
Comments:
According to human rights standards, States have to respect the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions. This includes, inter alia, allowing children to be exempted from attending schools on important holy days for their respective religions, taking into account dietary requirements relating to religion and allowing children to be exempted from religious or moral classes not in accordance with their religious or moral convictions
Human Rights Standards:
Article 18 (4), International Covenant on Civil and Political Rights; Article 13 (3), International Covenant on Economic, Social and Cultural Rights; Article 14 (2), Convention on the Rights of the Child; Article 12 (4), Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; Article 14 (3), European Union Charter of Fundamental Rights; Article 5 (b), UNESCO Convention against Discrimination in Education; Article 2, Optional Protocol 1, European Convention on Human Rights; Article 17 (1) (a), (Revised) European Social Charter; Article 13 (4), Protocol of San Salvador; Article 12 (4), Pact of San Jose; Article 50, Geneva Convention 4; Article 78 (2), AP1 Geneva Convention; Article 4 (3) (a), AP2 Geneva Convention
This indicator measures the number of reported incidents in the last 12 months
Comments:
Specific accommodation for children's religious or moral convictions includes, inter alia, allowing children to be exempted from attending schools on important holy days for their respective religions, taking into account dietary requirements relating to religion and allowing children to be excempted from religious or moral classes not in accordance with their religious or moral convictions
Human Rights Standards:
Article 26, International Covenant on Civil and Political Rights; Article 30, Convention on the Rights of the Child
Comments:
Without such monitoring bodies it may not be possible to regularly monitor whether schools actually respect religious freedom
Human Rights Standards:
Article 18 (4), International Covenant on Civil and Political Rights; Article 13 (3), International Covenant on Economic, Social and Cultural Rights; Article 14 (2), Convention on the Rights of the Child; Article 12 (4), Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; Article 14 (3), European Union Charter of Fundamental Rights; Article 5 (b), UNESCO Convention against Discrimination in Education; Article 2, Optional Protocol 1, European Convention on Human Rights; Article 13 (4), Protocol of San Salvador; Article 12 (4), Pact of San Jose; Article 78 (2), AP1 Geneva Convention; Article 4 (3) (a), AP2 Geneva Convention
Comments:
A school inspection system is needed to assess the quality of education provided in each school and ensure that it complies with standards established in legislation and policy
Levels of disaggregation: Public/Private
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
Frequency of inspection visits is the average number of visits made by an inspector in each school in the last 12 months
Comments:
Levels of disaggregation: Region, Urban/Rural, Public/Private
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
The State body could be, for instance, a monitoring department of the Ministry of Education or some State institution whose mandate is to monitor the activities of the executive (eg ombudsman, Human Rights Commission, etc.)
Comments:
A State body responsible for monitoring the education system typically monitors progress on issues of access to education, quality of education and equality. Often they also monitor the extent to which specific goals set by the government have been achieved
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
Comments:
Data on education needs to be gathered regularly in order to monitor the right to education and assess the progressive realisation of the right to education. Check if the data is disaggregated by primary / secondary / tertiary education level, gender, region, rural / urban, minority, income and disability type. Are disaggregated data disaggregated again by other relevant categories in order to address multiple discrimination?
Levels of disaggregation: Race, ethnicity, caste, religion, sex, gender identity, sexual orientation, place of residence, indigenous or autochthons, prior attainment, place of residence, parental profession, parental level of education, bottom/top quintile
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
Common obstacles include, inter alia, not allowing civil society organisations to operate freely in the State, withholding information from civil society organisations that is necessary for monitoring the right to education and hindering access of these organisations to schools for monitoring purposes
Comments:
Civil society organisations can play an important ‘watchdog’ role to monitor and evaluate education policies and programmes, and to hold politicians and school officials to account for the delivery of good quality education in an equitable manner
Human Rights Standards:
Article 25 (a), International Covenant on Civil and Political Rights
Comments:
Public access to data on education is essential for enabling civil society to participate in monitoring the right to education and holding the government accountable for the realisation of this right
Human Rights Standards:
Article 19 (2) (3), International Covenant on Civil and Political Rights; Article 10, European Convention on Human Rights; Article 13, American Convention on Human Rights; Article 32 (1), Arab Charter; Article 23, ASEAN; 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
Comments:
Public access to these reports is essential for enabling civil society to participate in monitoring the right to education and holding the government accountable for the realisation of this right
Human Rights Standards:
Article 19 (2) (3), International Covenant on Civil and Political Rights; Article 10, European Convention on Human Rights; Article 13, American Convention on Human Rights; Article 32 (1), Arab Charter; Article 23, ASEAN Human Rights Declaration; 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
Targeted programmes in the education sector are those that are not universal (ie that the beneficiaries are only a segment of the population) either because by its very nature a programme is meant to help a specific group (eg cash transfers to poor families to help them meet the various types of costs associated with education) or because the State does not have enough resources to provide at this stage to everybody in the education system
Comments:
Transparency about the criteria for targeted programmes is necessary to ensure that the implementation of those programmes is not discriminatory and to enable civil society to hold the government accountable for them
Complaint mechanisms may be set up within the Education Ministry and / or within non-judicial oversight institutions such as a human rights commission, the supreme audit institution, or an anti-corruption agency
Comments:
To assess whether the complaint mechanisms are effective, check, inter alia, the extent to which parents and children are aware of specific complaint procedures and the extent to which schools publicise the existence of such procedures (eg placing a complaint box in a each school, setting up a complaint mechanism on the website of the Ministry of Education, etc.); whether complaints can be filed in a language other than the majority language; whether there are effective guarantees against reprisal to protect any person making a complaint and the extent to which official inquiries or other follow-up actions are taken after someone files a complaint, and whether those steps are carried out in a timely manner
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
This indicator is the number of complaints regarding issues related to the right to education in the last 12 months. Issues 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)
Comments:
A very low number of administrative complaints on education rights may be indicative of the lack of adequate access to administrative complaint mechanisms rather than a lack of problems related to the right to education. Conversely, a very high number of administrative complaints may be indicative of adequate access to administrative complaint mechanisms, but at the same time of serious problem in the education system itself. If the focus of the monitoring exercise is a specific marginalised group, check the number of complaints related to that group
Levels of disaggregation: Gender, Region, Urban/Rural, Public/Private, Minority, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention
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
This indicator measures the proportion of complaints that have been investigated by an administrative body in the last 12 months
Comments:
A low value of this indicator would be indicative of an inadequate mechanism to investigate complaints on the right to education. If the focus of the monitoring exercise is a specific marginalised group, check the number of complaints related to that group
Levels of disaggregation: Gender, Region, Urban/Rural, Public/Private, Minority, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention
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
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)
Comments:
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
Levels of disaggregation: Gender, Region, Urban/Rural, Public/Private, Minority, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention
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
This indicator measures the proportion of court cases related to the right to education that have been adjudicated against the State in the last 5 years
Comments:
A very low value of this indicator may be indicative of a lack of judicial independence vis-à-vis the government
Levels of disaggregation: Gender, Region, Urban/Rural, Public/Private, Minority, Persons with Disabilities, Persons with HIV/AIDS, Migrants, Refugees and IDPs, Persons in Detention
Comments:
This indicator is necessary to assess whether there is duplication and / or lack of clarity in division of roles between different levels of government which can often weaken accountability for the delivery of educational services
Human Rights Standards:
Article 25 (c), International Covenant on Civil and Political Rights; Articles 13 (1) & (2), African Charter of Human and People's Rights; Article 23 (c), American Convention on Human Rights
For instance, if the national government devolves the responsibility for hiring and paying teachers to the local level but does not provide to the local level the funds that until then were allocated for that purpose, the poorer local jurisdictions may not be able to hire all the necessary teachers
Comments:
If the distribution of funds for education from national to local level is not commensurate with the devolution of responsibilities to local levels of government – as it is often the case in decentralised educational systems – local governments may not be able to adequately undertake all the responsibilities that are necessary to ensure the full enjoyment of the right to education of people living under its jurisdiction.
Human Rights Standards:
Article 25 (c), International Covenant on Civil and Political Rights; Article 13 (1) & (2), African Charter of Human and People's Rights; Article 23 (c), American Convention on Human Rights
Comments:
If there is no such system and the budget for essential aspects of the educational systems depends only on the capacity of each local government to mobilise local resources, those living in the poorer areas may not be able to fully enjoy the right to education
Human Rights Standards:
Article 25 (c), International Covenant on Civil and Political Rights; Article 13 (1) & (2), African Charter of Human and People's Rights; Article 23 (c), American Convention on Human Rights
Comments:
Without concrete efforts by the national government to provide capacity-building to weak local authorities, these may lack adequate technical and managerial capacity to ensure, inter alia, proper teacher training, effective monitoring and oversight mechanisms and an appropriate financing system for education
Human Rights Standards:
Article 25 (c), International Covenant on Civil and Political Rights; Articles 13 (1) & (2), African Charter of Human and People's Rights; Article 23 (c), American Convention on Human Rights
A high net enrolment rate (NER) denotes a high degree of enrolment in education by the official school-age population. NERs below 100% provide a measure of the proportion of primary school age children who are not enrolled at the primary level. This difference does not necessarily indicate the percentage of students who are not enrolled at all in education, since some children may be enrolled at other levels of education. When the NER is compared with the gross enrolment ratio (GER) the difference between the two ratios highlights the incidence of under-aged and over-aged enrolment. The data for this indicator should be disaggregated to measure relative enjoyment across and between groups, for example boys compared to girls, persons with disabilities compared to the general population and those living in different regions of the country. Inequalities in enjoyment may constitute discrimination (Source: Sustainable Development Knowledge Platform, Net Enrolment Rate in Primary Education)