This online library provides resources from the Right to Education Project as well as from other partner organisations. You can filter relevant resources by topic, region, country, content type and language. Note that resources in other languages will be available soon.

See also our list of useful databases for information on the implementation of the right to education at national level.

On 12 June 2014, during the June Session of the Human Rights Council, the Portuguese Mission, together with Privatisation in Education Research Initiative (PERI) and the Global Initiative for Economic, Social and Cultural Rights (GI-ESCR), convened a side-event on privatisation and its impact on the right to education at Palais des Nations in Geneva. The presentations by the panel were followed by a series of questions and answers with the participants.

On 7 July 2014, the UN Committee on the Elimination of Discrimination against Women (CEDAW) held a General Discussion on the Right to Education for Girls and Women, the aim of which is to commence the Committee’s process of elaborating a “General Recommendation on girls’/women’s right to education.”

Thirteen organizations from around the world, included the Right to Education Initiative, presented a written submission to CEDAW on ‘Privatization and its Impact on the Right to Education of Women and Girls,’ highlighting evidence from a range of countries showing that more boys are enrolled in schools than girls, a problem that is exacerbated by the increasing privatization of education.  Privatization in many cases deepens gender discrimination in education because already marginalized and vulnerable groups, including women and girls, are more disadvantaged by private provision and are the least able to pay for services.

In this decision, the European Court of Human Rights clarified States’ obligations regarding the freedom of parents to educate their children according to their religious and philosophical convictions as guaranteed by Article 2 of Protocol 1 (P1-2) to the European Convention on Human Rights. The Court found that compulsory sex education in public schools does not violate parental freedom.

 

Parallel Report submitted by the Ghana National Education Campaign Coalition and the Global Initiative for Economic, Social and Cultural Rights, with the support of the Africa Network Campaign on Education For All, the Privatisation in Education Research Initiative, the Right to Education Initiative, the Global Campaign for Education and Education International to the Pre-sessional Working Group of the Committee on the Rights of the Child on the occasion of the consideration of the List of Issues related to the Periodic Reports of Ghana. This report highlights the issue of privatisation in education in Ghana.

This country factsheet on Tanzania and Zanzibar is intended to assist practitioners identify the key national laws and policies relevant to the right to education; analyse their strengths and weaknesses; and detect the gaps between laws and policies, and practice; in order to use the empirical data collected to help define a human rights-based advocacy strategy.

It provides an overview of the obligations of the government to realise the right to education: the instruments (laws, policies, and budget) and mechanisms (commissions, courts, etc) that exist in the country to implement the right to education, and recommendations made by various national and international stakeholders (UN Agencies, NGOs…).

Parallel Report submitted by the National Campaign for Education-Nepal, the Global Initiative for Economic, Social and Cultural Rights, the Sciences Po law school Clinic, and partners, on the occasion of the Universal Periodic Review (UPR) of Nepal during the 23rd session of the UPR Working Group.

This report shows that the current organisation of education system in Nepal, in particular a high level of unregulated private involvement in education, is creating and entrenching segregation in education. Such segregation in itself constitutes a human rights violation and need to be ended. It is also the source of additional other human rights abuses, including discrimination on the grounds of socio-economic background, gender and race, the limitation of the right to free quality education, and the lowering of education quality. This situation is extremely problematic due to the immediate human rights violations it is causing, but also because the injustices it generates contribute to threatening the fragile social cohesion and peace that exist in Nepal.

Key resource

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.

As the national government is the primary duty bearer for the right to education it is important for any report on accountability to start with the responsibilities of government. The paper provides an overview of the right to education legal framework to which States have legally committed, as well existing international and regional accountability mechanisms.

The paper then explores the connections between the 2030 Agenda, the Incheon Declaration, and human rights law. The Incheon Declaration affirms, ‘the vision and political will reflected in numerous international and regional human rights treaties that stipulate the right to education and its interrelation with other human rights” (para. 2). In the Declaration education is framed as both a “public good” and a “fundamental human right” (para. 5). However, whether a rights-based approached is consistent or present in the operationalisation of SDG4 has not been clearly debated. Part of this challenge is the diluted and often, overly simplistic notion of what the right to education entails. The paper seeks to better understand the similarities and differences of these two large global frames for education and includes a matrix that links the normative content of each framework. This matrix shows that the content of each is largely aligned, even if the processes are not. The paper argues that by recasting the content of SDG4 as part of the right to education, the legal obligations owed to that content can be invoked. This renders various elements of SDG4, if the state in question has legally committed to the right to education and incorporated the right to education in their domestic legal orders, amenable to adjudication by competent mechanisms, offering the possibility of legal accountability through legal enforcement.

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.

At the national level the incorporation and implementation of the right to education, as required by international treaties, requires at least three stages. Firstly, countries must translate their international legal commitment into concrete action to ensure the full enjoyment of the right to education. This includes the incorporation of the right to education into the domestic legal order, through the adoption of education laws and policies. Secondly, countries must secure the right to education as a justiciable right. Lastly, the justiciable right to education must be able to be adjudicated fairly through the judicial system. Whilst the first stage is completed at a near universal level by countries, the final two stages, essential for the fulfilment of the right to education, are achieved by significantly fewer countries. Even when justiciability is present, various barriers may be present that hinder the adjudication of the right to education. Understanding how countries move from incorporation to application and implementation is essential to understanding whether the right to education is truly realised in a country. Our analysis shows that legal enforcement, through mechanisms competent to hold duty-bearers legally accountable, has a positive impact on the realisation of the right to education. Furthermore, little is known about how the political, social, and cultural context of a country limits or enables the adjudication of the right to education. 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.

Key resource

This advocacy factsheet is based on Right to Education Initiative report At What Age…are school-children employed, married and taken to court? Trends over time (2011), which provides analysis of legal minimum age for education, marriage, employment and criminal responsibility across 187 countries and raises questions regarding the cross-section of these issues and their effect on the right to education. The factsheet has been developed to be used by civil society organisations to advocate for improving legislation regarding the minimum age for marriage and the minimum age for leaving school.  It gives a brief overview of the issue of early marriage and its impact on education, highlighting statistical data, good practice in law and policy, as well as case studies. It also provides tools and policy recommendations and suggests concrete actions to be taken. It aims at encouraging activists and organisations to monitor the minimum age for marriage and the minimum age for leaving school and to advocate for improving the legislation when needed.

Key resource

This guide has been developed to provide practical advice on conducting research in order to support human rights advocacy on privatisation in education, using regional and international mechanisms (focusing on UN treaty bodies). It draws on the experiences of the Right to Education Initiative and the Global Initiative on Economic, Social and Cultural Rights in engaging in similar work in various countries over the last few years.

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