These Guidelines were developed to assist countries wishing to assess the compatibility of their national education laws and policies with international standards. The booklet aims to provide guidance on national education legal and policy frameworks.

Published in 2015, this document is the second of a series of thematic mappings on the implementation of the right to education, following a first edition on Girls’ and Women’s Right to Education. It presents concrete measures adopted by countries to ensure the full enjoyment of the right to education for persons with disabilities.

The document is based on national reports submitted for the Eighth Consultation on the monitoring of the implementation of the UNESCO Convention against Discrimination in Education (1960) and the UNESCO Recommendation against Discrimination in Education (1960).

The first part of the document provides a thematic analysis of measures and promising practices that have been reported on by countries. The second part compiles in factsheets progress and challenges in constitutional and legislative frameworks and measures, for the 48 countries that reported on measures taken, out of the 59 reporting countries.

The document is intended to serve as a practical tool for both advocacy and monitoring. By highlighting concrete measures taken by countries, it also offers a basis for regional and international co-operation and shares promising practices from which other countries can learn.

These Guidelines are intended to assist Member States in the preparation of the Reports on the implementation of the 1960 Convention against Discrimination in Education (“the Convention”) as well as the 1960 Recommendation against Discrimination in Education (“the Recommendation”). The Convention and the Recommendation, adopted by UNESCO’s General Conference in 1960, correspond to UNESCO’s constitutional mandate to “advance the ideal of equality of educational opportunities without regard to race, sex or any distinctions, economic or social”.

Co-operation between UNESCO’s Committee on Conventions and Recommendations (CR) and The United Nations Committee on Economic, Social and Cultural Rights (CESCR) on the objectives for monitoring and promoting the Right to Education. 

This publication is a compilation of practical examples of measures taken by Member States in implementing the provisions of the Convention and the Recommendation against Discrimination in Education. It has seven chapters reflecting the main issues and components including in the Convention and Recommendation. It begins by presenting the legal framework adopted by States. This is followed by a presentation of measures taken for eliminating discrimination in and through education; promoting equality of opportunity and treatment in this field, across all levels of education and through inclusive education; supporting affirmative action; enhancing quality education; religious and moral education; and the rights of minorities and language of instruction.

The Right to Education Index (RTEI) is a global index built out of the international right to education framework to monitor national progress towards its fulfillment. It reveals key areas in need of improvement, offers country-to-country comparisons, and tracks progress over time. Ultimately, RTEI seeks to:

  • Strengthen the expertise and capacity of civil society and education advocates.
  • Increase public and political support for realizing the right to education.
  • Hold governments and institutions accountable for their commitments to the right to education.
  • Uphold the right to education for every child and adult everywhere.

The RTEI has been piloted in five countries (Chile, Nigeria, the Philippines, Tanzania, and Zimbabwe). The Right to Education Index Pilot Report discusses overall findings of the 2015 pilot, comparative issues across Governance and the 4 As (Availability, Accessibility, Acceptability, and Adaptability), select transversal themes such as teachers, private education, and costs of education, and country-specific findings and recommendations from RTEI country partners.

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.

Ceci est le document nº1 des 3 documents conçus pour présenter le récent travail de recherche et de plaidoyer mené par l’Initiative mondiale pour les droits économiques, sociaux et culturels, en partenariat avec les organisations de la société civile dans 7 pays du monde, ainsi que l’Initiative sur la privatisation de la recherche dans l’éducation et le Right to Education Project. Le travail examine de façon critique les effets de la privatisation de l’éducation en utilisant des mécanismes des droits de l’homme. Les documents sont conçus pour servir d’introduction à ce travail et l’Initiative mondiale pour les droits économiques, sociaux et culturels peut apporter d’autres ressources, des informations et une aide à quiconque souhaiterait s’engager dans cette étude. 

Accéder au document n°2: Comment utiliser les mécanismes des droits de l’homme

Accéder au document n°3: Études de cas sur les rapports parallèles pour faire face à la privatisation de l’éducation

ENGLISH

This guide, issued by the Office of the High Commissioner for Human Rights (OHCHR), focuses on how civil society can follow up on recommendations of United Nations (UN) human rights mechanisms and mandates or bodies.

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