The following articles relevant to the justiciability of the right to education can be found in this INTERIGHTS Bulletin:

  • Diokno, MSI (2007) Short-changing the Right to Education in the Philippines,
  • Ribeiro, RM (2007) Securing the Right to Education in Brazil: A Brief Overview of the Role of the Courts
  • Courtis, C (2007) The Right to Education in the Jurisprudence of the Inter-American Court of Human Rights
  • Cojocariu, C (2007) Racial Discrimination against Roma Children in Schools: Recent Developments from Courts in Bulgaria and Hungary

The following article is relevant to the right to education of minorities:

  • de Varennes, F (2007) Language Rights in Education

The second edition of the Global Education Monitoring Report (GEM Report) presents the latest evidence on global progress towards the education targets of the UN Sustainable Development Goals.

With hundreds of millions of people still not going to school, and many not achieving minimum skills at school, it is clear education systems are off track to achieve global goals. The marginalised currently bear the most consequences but also stand to benefit the most if policy-makers pay sufficient attention to their needs. Faced with these challenges, along with tight budgets and increased emphasis on results-oriented value for money, countries are searching for solutions. Increased accountability often tops the list.

The 2017/8 GEM Report shows the entire array of approaches to accountability in education. It ranges from countries unused to the concept, where violations of the right to education go unchallenged, to countries where accountability has become an end in itself instead of a means to inclusive, equitable and high-quality education and lifelong learning for all.

The report emphasises that education is a shared responsibility. While governments have primary responsibility, all actors – schools, teachers, parents, students, international organizations, private sector providers, civil society and the media – have a role in improving education systems. The report emphasises the importance of transparency and availability of information but urges caution in how data are used. It makes the case for avoiding accountability systems with a disproportionate focus on narrowly defined results and punitive sanctions. In an era of multiple accountability tools, the report provides clear evidence on those that are working and those that are not.

This youth report, based on findings and conclusions from the 2017/8 Global Education Monitoring report, asks how young people are involved in the process of accountability in education. As students, what are we responsible for in our education and how are we held accountable? How can we make sure other actors–like schools, universities and governments–are held accountable for their responsibilities? These are critical questions, because we know that there’s a long way to go before all young people around the world have access to a quality education:
absent teachers, overcrowded classrooms, illegitimate diplomas, unregulated private schools and truancy are all issues that education systems are struggling to overcome.

It’s sometimes tempting to say that these problems aren’t ours to fix, that the responsibility lies with the government or with an older generation. But this simply isn’t true: education is a shared responsibility, and young people have an important role to play. In this Report, you’ll hear the stories of young people around the world who have stood up for the right to education in their communities and who have been integral in triggering change. You’ll also read about how you can become involved in our campaign to make sure governments can be held to account for education. This means making sure that citizens can take their governments to court if they are not meeting their education responsibilities. From creating video clips to holding awareness-raising events, there is a range of ways to make your voice heard. Your involvement is integral in making sure the world is on the right path to meeting our education goals. 

According to UNESCO, 264 million children and youth are still out of school around the world, and this is only accounting for the primary (61 million) and secondary school (203 million) age population. In particular, the poorest and most marginalised, including ethnic and religious minorities, persons with disabilities, girls, and populations experiencing conflict, are often systematically unable to access and complete a full cycle of quality education. The first volume of NORRAG Special Issue (NSI) is dedicated to examining international frameworks and national policy as well as the challenges of fulfilling the right to education in practice.

The inaugural issue of NSI on the Right to Education Movements and Policies: Promises and Realities aims to highlight the global and national level experience and perspective on guaranteeing the right to education, as outlined in international frameworks, national constitutions, legislation, and policy, when creating the required administrative structures to ensure that the right is respected, protected, and fulfilled for all.

The Issue is divided into six parts, each focusing on a specific theme of right to education policy and practice. The first part includes an article written by RTE staff on The Role of Court Decisions in the Realisation of the Right to Education, which draws on RTE's background paper on accountability for the GEM Report 2017-8.

 

In this decision, the Supreme Court of India upheld the constitutionality of section 12 of the Right of Children to Free and Compulsory Education Act (RTE Act), which requires all schools, both state-funded and private, to accept 25% intake of children from disadvantaged groups. However, the Court held that the RTE Act could not require private, minority schools to satisfy a 25% quota, as this would constitute a violation of the right of minority groups to establish private schools under the Indian Constitution. This case affirms that the authority of the State to fulfil its obligations under the right to education can be extended to private, non-State actors. Because the State has the authority to determine the manner in which it discharge this obligation, it can elect to impose statutory obligations on private schools so long as the requirements are in the public interest.