In the present report, the Special Rapporteur considers ways in which the right to education contributes to the prevention of atrocity crimes and mass or grave human rights violations. Stressing that education has a key role to play at all stages of prevention, the Special Rapporteur underlines the particularly forceful preventive potential of the right to education in the very early stages, before warning signs are apparent. That role is to be linked with the aims of education and the right to inclusive and equitable quality education, as established in international instruments.
The Special Rapporteur, highlighting circumstances under which schools can become tools for division and lay the groundwork for future violent conflicts, focuses on a number of steps regarding the organization of school systems, pedagogy and the values and skills to be transmitted to learners that are crucial in terms of prevention. She proposes an education framework (known in English as the “ABCDE framework”) that encompasses the interrelated features of education needed in order for the preventive potential of the right to education to be fully deployed.
In the present report, the Special Rapporteur examines how the right to education, and the commitments made under the Sustainable Development Goals, provide guidance for governance in national education systems. She considers how the right to education should be mainstreamed into education governance. Governance in this context can be thought to include the laws, policies, institutions, administrative procedures and practices, monitoring and accountability mechanisms, and judicial procedures that are related to education. A rights-based approach should be adopted to ensure not only that nondiscrimination and equitable access for all are mainstreamed, but also that learners who have been the hardest to reach, including members of vulnerable groups, are prioritized, even if such decisions run counter to the traditional emphasis on efficiency.
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.