Marianna Pace

The Right to Education in the Recent Report of the Special Rapporteur of the Human Rights Council: Lights and Shades

  • Abstract

Informations and abstract

Keywords: Right to Education; Justiciability; Prohibition of Discrimination; Positive Obligations; Economic, Social and Cultural Rights; United Nations Human Rights Council

The paper examines the recent Report of the Special Rapporteur of the UN Human Rights Council on the right to education. The paper starts by reviewing the measures to be adopted by States in order to respect the "obligation to fulfill" the right to education and in particular the issue of justiciability of such right and, therefore, its 'justiciable components'. Then, the linkages amongst States' obligations and the 'justiciable components' of the right to education (a. equity in the access to education; b. equity in the access to jurisdictional remedies; c. the scope of application of the right to education) are reviewed, as well. In the final part the paper analyses some contemporary issues that seem to be lacking in the study of the Special Rapporteur, and namely: the obligation for States to assure equal access of migrants to the education as well as the effectiveness of the right to education during situations of economic and financial crisis.

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