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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:

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:

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:

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

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

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

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:

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?

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