This report summarises the Eastern Africa Regional Consultation on Human Rights Guiding Principles on State Obligations regarding Private Schools held in Nairobi on September 5-7, 2016. The purpose of the regional consultation was to share the process for the development of, and for participants to input into, a set of Human Rights Guiding Principles on State obligations regarding private schools (‘Guiding Principles’). The Guiding Principles are a set of global guidelines that clarify human rights law related to private actors in education and are intended to be operational in and adaptable to different contexts. 

A report summary for the Asia Pacific regional consultation, held in Bangkok (August 2016) is available, here.

A report summary for the Europe and North America regional consultation, held in Paris (March 2017) is available, here,

This case concerns whether the right to basic education includes a right to be provided with transport to and from school at state expense for those scholars who live a distance from their schools and who cannot afford the cost of that transport. 

This High Court case deals with the constitutional obligation of the South African government to promote basic education by securing timely appointment and funding of educators at all public schools.  

The joint general comment elaborates on the nature of State Party obligations that arise from Article 6 (b) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and Article 21 (2) the African Charter on the Rights and Welfare of the Child. It expounds upon the underlying principles of interpretation that serve as a lens through which the relevant provisions of the aforementioned instruments should be understood. It further describes legislative, institutional and other measures that should be taken by States Parties to give effect to the prohibition of child marriage and to protect the rights of those at risk or affected by child marriage.

The scope of the general comment covers children in child marriages, children at risk of child marriage and women who were married before the age of 18. The document gives guidance to governments, csos, igos, child protection clusters, practitioners, individuals and groups in any effort towards the elimination of child marriage and protection of children in this context.

The joint comments includes a section (IV) on state obligations which stipulates that states must adopt institutional measures around education. In particular, it requests states parties  to "put in place measures to retain all children but especially girls in school and to raise awareness about the importance of their education." Policies states must adopt include measures to encourage pregnant girls to keep attending or returning to school. 

 

In South Africa, SECTION27 has used rights-based strategies, including litigation, to hold the state accountable for not ensuring the procurement and delivery of textbooks to schools across Limpopo, a poor rural area of the country.

This country factsheet on Uganda intends to assist practitioners to identify the key national policies relevant to the right to education, analyse their strengths and weaknesses and detect the gaps between policies and practice, in order to use the empirical data collected to define a human rights advocacy strategy.

It provides an overview of: the obligations of the government to realise the right to education; the instruments (policies, budget…) and mechanisms (commissions, courts…) that exist in the country to implement the right to education; recommendations made by various national and international stakeholders (UN Agencies, NGOs…) on the right to education. This factsheet does not give a comprehensive overview of the policies in the country, but only a snapshot of some key aspects affecting the right to education.

This country factsheet on Zambia intends to assist practitioners to identify the key national policies relevant to the right to education, analyse their strengths and weaknesses and detect the gaps between policies and practice, in order to use the empirical data collected to define a human rights advocacy strategy.

It provides an overview of: the obligations of the government to realise the right to education; the instruments (policies, budget…) and mechanisms (commissions, courts…) that exist in the country to implement the right to education; recommendations made by various national and international stakeholders (UN Agencies, NGOs…) on the right to education. This factsheet does not give a comprehensive overview of the policies in the country, but only a snapshot of some key aspects affecting the right to education.

This case study was produced for the UN Durban Review Conference organised in Geneva in 2009. It briefly presents the violation of pregnant adolescent girls’ right to education in Tanzania and makes recommendations.

According to international law, States have the principal responsibility ‘to ensure the direct provision of the right to education in most circumstances.  Although private education is allowed under international law, there are specific conditions and limitations under which private education must operate.  While empirical data about the effectiveness of public and private schools is needed to inform the debate on how to achieve quality education, there also needs to be criteria to assess the measures for determining ‘effectiveness’ and to define what models of private education are acceptable.

This paper identifies a set of criteria for assessing the conditions and limitations of private education drawing from human rights standards applicable to African States.  It explore criteria that examine the central role of the State, universal free primary education, progressively available secondary and higher education, the aims of education, non-discrimination, and regulation of private education providers.  An examination of these standards will provide an initial set of criteria for assessing the role of private education in Africa and a basis for further research.

 

This country factsheet on Ghana intends to assist practitioners to identify the key national policies relevant to the right to education, analyse their strengths and weaknesses and detect the gaps between policies and practice, in order to use the empirical data collected to define a human rights advocacy strategy.

It provides an overview of: the obligations of the government to realise the right to education; the instruments (policies, budget…) and mechanisms (commissions, courts…) that exist in the country to implement the right to education; recommendations made by various national and international stakeholders (UN Agencies, NGOs…) on the right to education. This factsheet does not give a comprehensive overview of the policies in the country, but only a snapshot of some key aspects affecting the right to education.

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