This Guide will inspire and help judges and lawyers working at national level to litigate cases involving economic, social and cultural rights.

In particular, it aims at giving examples from a large variety of countries and jurisdictions of how courts and other bodies have dealt with the adjudication of these rights.

The Guide also addresses issues that legal practitioners are faced with at the different phases of litigation, from initiating a case and evidence building to the provision of remedies and the enforcement of judicial decisions.

Please note, that this Guide is an updated version of Courts and the Legal Enforcement of Economic, Social and Cultural Rights. Comparative Experiences of Justiciability.

In addition to the electronic version of the Guide in a book format, the ICJ has also launched a searchable online version that is accessible on the ESCR page.

This publication includes an overview of key right to education decisions made by the Inter-American Court of Human Rights, the European Court of Human Rights, the African Committee of Experts on the Rights and Welfare of the Child, and the UN Human Rights Committee. They are judgments that have taken place in these courts from 1988 to 2014 and deal with the fulfilment of the right to education for various groups, such as people with disabilities, migrants, persons deprived of liberty and Indigenous Peoples.

The Summaries of Jurisprudence series has been published since 2010. This recent publication is available for download via the following websites  (in both Spanish and English):

CEJIL: http://cejil.org/publicaciones/sumarios-de-jurisprudencia-derecho-a-la-educacion

CLADE: http://www.campanaderechoeducacion.org/v2/en/publications/clade/studies.html

 

General Comment 11, adopted by the Committee on Economic, Social and Cultural Rights, provides interpretation and clarification of Article 14 of the International Covenant on Economic, Social and Cultural Rights.

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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

South Africa is in the unique posi­tion of hav­ing the right to edu­ca­tion guar­an­teed in the Con­sti­tu­tion. The law has been used to advance this right by trans­lat­ing what is on paper into a real­ity for thou­sands of learn­ers across the coun­try. The LRC and part­ners have been at the fore­front of civil soci­ety efforts in achiev­ing this. We wanted to share our suc­cesses.

In Octo­ber 2013, the Legal Resources Cen­tre was proud to launch Ready to Learn? A Legal Resource for Real­is­ing the Right to Edu­ca­tion at the Open Soci­ety Foun­da­tions in New York (find the press release here). The book was designed for legal prac­ti­tion­ers and shares the LRC’s legal efforts to con­tribute to real­is­ing the right to edu­ca­tion in South Africa. Ready to Learn?

Fight­ing to Learn… A Legal Resource for Real­is­ing the Right to Edu­ca­tion is the fol­low on from Ready to Learn? Using the same for­mat as the first pub­li­ca­tion,Fight­ing to Learn… gives an update on many of the cases rep­re­sented in Ready to Learn? and pro­vides a more gen­eral reflec­tion on the role of edu­ca­tion in the devel­op­ment agenda.

In Fight­ing to Learn…, prac­ti­tion­ers of law in other juris­dic­tions can access a sum­mary and court papers relat­ing to the pro­vi­sion of class­room fur­ni­ture, access to learner-support mate­r­ial and the pay­ment and appoint­ment of teach­ers. It also gives follow-up mate­ri­als for the “mud schools” mat­ter and norms and stan­dards for edu­ca­tion.

It demon­strates how the Con­sti­tu­tional right to edu­ca­tion was inte­gral to our fight for a qual­ity edu­ca­tion that is acces­si­ble to all. It also demon­strates the cre­ativ­ity of LRC lawyers in their work, from using class actions, which is new in South Africa, to our increas­ing use of inno­v­a­tive reme­dies, such as using exter­nal admin­is­tra­tors to imple­ment court judg­ments.

 

La Observación General 11, adoptada por el Comité de Derechos Económicos, Sociales y Culturales, proporciona una interpretación y clarificación del artículo 14 de Pacto Internacional de Derechos Económicos, Sociales y Culturales.

[ENGLISH]

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