This paper was commissioned by the Global Education Monitoring Report as background information to assist in drafting the 2019 GEM Report, Migration, displacement and education: Building bridges, not walls.
In 2017, there were an estimated 258 million people living outside their country of origin. Of them, about 30 million were school-aged. Migrants include different groups such as refugees, asylum seekers, migrant workers, stateless, undocumented migrants and internal displaced persons. The right to education of migrants, irrespective of their legal or migration status, is guaranteed under international law on the basis of the human rights principles of equality and non-discrimination. The main treaties guaranteeing the right to education apply to all migrants. In addition, migrant-specific treaties include provisions on the right to education. This international legal framework applies only to the extent that states have committed to it. At national level, migrants face legal and practical barriers to effectively enjoying their right to education. Some states show good examples of protecting the right to education of migrants in law and in practice.
The final report of outgoing UN Special Rapporteur on the right to education, Ms Koumbou Boly Barry, addressing the right to early childhood care and education (ECCE), highlights the wide ranging ‘developmental, educational, social, cultural and economic benefits’ of ECCE to children, their families and wider society, and urges states to recognise and enshrine ECCE rights from birth until primary school, significantly calling for a more specific legal instrument to be established to complement the protections already established in international human rights instruments.
This report reflects a milestone in the realisation of young children’s right to education, and thus paves the way for long-term change and improvement to education systems, entrenched inequalities, and cohesive social development.
We wish to offer our sincere thanks to the outgoing Special Rapporteur Koumbou Boly Barry and acknowledge her for giving precedence to the right to education of young children in her report, and also for the overall contribution towards the realisation of the right to education during her mandate.
This statement synthesises some of the key information contained in the outgoing Special Rapporteur's report, and acknowledges her contribution across the two terms of her mandate.
The Special Rapporteur on the right to education, Ms. Farida Shaheed, visited UNESCO from 16 to 20 January 2023. This report reflects the discussions held on present and future challenges for the right to education with many people across the Organization as well as other stakeholders during the visit and subsequently. It contains a summary of the Special Rapporteur’s main findings and recommendations, in particular to enhance the cooperation between UNESCO and her mandate.
This written statement was submitted by GI-ESCR and RTE during the 53rd session of the Human Rights Council in Geneva. It was submitted in relation to the presentation of the report of the Special Rapporteur on the right to education: Securing the right to education: advances and critical challenges (A/HRC/53/27).
RTE's background paper for the Global Education Monitoring Report 2017/8: Accountability in education: Meeting our commitments.
The purpose of the paper is to show how a human rights-based approach offers insights and practical solutions to address the accountability deficits found in both education policy decision-making and implementation, and the 2030 Agenda for Sustainable Development.
Specifically, the paper argues that a human rights-based approach to accountability can bolster public policy accountability by defining the responsibilities of authorities, ensuring they are answerable for actions regarding those responsibilities, and how they can be subject to forms of enforceable sanctions or remedial action for failures to carry out those responsibilities.
The second half of the paper explores the prevalence of the right to education in national laws and the conditions necessary for the right to education to be successfully adjudicated at the national level. It provides an overview of how countries have incorporated the right to education in their domestic legal orders, as well as a list of countries where the right to education is justiciable. This is complemented by a series of case studies that draw out the requirements for successful adjudication at the national level.
This paper examines court cases from countries around the world to identify the conditions that enable the right to education to be realised through adjudication.
Dans cette observation générale, le Comité des droits de l'enfant souligne qu'il est urgent de s'attaquer aux effets néfastes de la dégradation de l'environnement, et plus particulièrement du changement climatique, sur la jouissance des droits de l'enfant, et précise les obligations des États en matière de lutte contre les atteintes à l'environnement et le changement climatique. Le Comité explique également comment les droits de l'enfant prévus par la Convention relative aux droits de l'enfant s'appliquent à la protection de l'environnement et confirme que les enfants ont droit à un environnement propre, sain et durable.
In this general comment, the Committee on the Rights of the Child emphasizes the urgent need to address the adverse effects of environmental degradation, with a special focus on climate change, on the enjoyment of children’s rights, and clarifies the obligations of States to address environmental harm and climate change. The Committee also explains how children’s rights under the Convention on the Rights of the Child apply to environmental protection, and confirms that children have a right to a clean, healthy and sustainable environment.
In the present report, the Special Rapporteur reviews the situation of refugees with regard to the right to education, in particular in the context of achieving the Sustainable Development Goals. Reports on the broader issue of education in emergencies were presented to the Human Rights Council (A/HRC/8/10) and the General Assembly (A/66/269) by previous incumbents. The Special Rapporteur considers that it is relevant to follow-up on the issue in today’s context. She touches on the specific challenges refugees face in their quest for quality education at all levels, reflects on some best practices and innovations set in place in countries and proposes recommendations to overcome challenges in this area.
The Special Rapporteur concludes by calling upon States to ensure access to inclusive quality educ ation for refugees in line with Goal 4 of the Sustainable Development Goal, by mainstreaming this in their national plans and strategies.