The Joint Expert Group UNESCO (CR)/ECOSOC (CESCR) on Monitoring of the Right to Education in its Second Meeting in May 2004 stated that both the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention against Discrimination in Education (CADE) needed to be carefully examined in a comparative perspective. This should be guided by the General Comments and the Revised Guidelines of CESCR used for monitoring work and the new guidelines for monitoring the implementation of CADE. The Joint Expert Group noted that 83 States are parties to both the CADE and the ICESCR. There is thus the risk of overlaps in the work of the Committees (CESCR and CR) as well as of the States parties’ reports. It was therefore suggested that a document, “which brings out the common features as well as differences in CADE and ICESCR along with a chart of equivalent provisions and the States which are parties to both CADE and ICESCR” be prepared. The present document on the comparative analysis of Articles 13 and 14 of the Covenant and the Convention has accordingly been elaborated.
Parallel Report submitted by the National Campaign for Education-Nepal, the Nepal National Teachers Association (NNTA), the Global Initiative for Economic, Social and Cultural Rights, and other partners, including the Right to Education Project, on the occasion of the examination of the report of Nepal during the 72nd session of the UN Committee on the Rights of the Child.
The report shows that the growth of unregulated private education in Nepal supported by the State, is creating and entrenching segregation in education, threatens access to education for girls and children from socioeconomically disadvantaged backgrounds and is a cause of discrimination with regards to access to quality education. As pointed out recently by the UN Committee on the Rights of the Child (CRC), such segregation in itself constitutes a human rights violation and must be ended.2 Segregation is also the source of other human rights abuses, including discrimination on the grounds of socio-economic background, gender and caste, a limitation on the right to free quality education, and the lowering of education quality. This situation is extremely problematic because of the injustices it generates which threaten the fragile social cohesion and peace that exist in Nepal. If the situation remains the same, experience shows that the education system is bound to generate instability and protests in an already unstable country that is slowly trying to recover from conflict and humanitarian disaster.