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Discover the new Right to education handbook

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photo: UNESCO

Education is a fundamental human right of every woman, man and child. However, millions are still deprived of educational opportunities every day, many as a result of social, cultural and economic factors.

UNESCO and the Right to Education Initiative (RTE) recently released the Right to education handbook, a key tool for those seeking to understand and advance that right. It is also an important reference for people working towards achieving Sustainable Development Goal 4 by offering guidance on how to leverage legal commitment to the right to education. 

Why is this handbook important?

The aim of this handbook is to make sure that everyone enjoys their right to education. Its objective is not to present the right to education as an abstract, conceptual, or purely legal concept, but rather to be action-oriented. It provides practical guidance on how to implement and monitor the right to education along with recommendations to overcome persistent barriers. It seeks to do this by:

  • Increasing awareness and knowledge of the right to education. This includes the normative angle of the right to education, states’ legal obligations, the various sources of law, what states must do to implement it, how to monitor it, and how to increase accountability.
  • Providing a summary of current debates and issues regarding education and what human rights law says about them, including on forced migration, education in emergencies, the privatization of education, and the challenge of reaching the most marginalized.
  • Providing an overview of the UN landscape and its mechanisms, including a clear understanding of the role of UNESCO and more generally the United Nations, as well as all relevant actors in education, particularly civil society.  

Who should use this handbook?

The handbook was developed to assist all stakeholders who have a crucial role to play in the promotion and implementation of the right to education. This includes:

  • State officials, to ensure that education policies and practices are better aligned with human rights.
  • Civil servants, policy-makers, ministers, and the ministry of education staff, officials working in ministries and departments of justice, development, finance, and statistics, as well as National Human Rights Institutions.
  • Parliamentarians, their researchers and members of staff will find this handbook useful in evaluating and formulating education, human rights, and development legislation, and in implementing international human rights commitments to national law.
  • Judges, magistrates, clerks, and lawyers and other judicial officials can use the material to explain the legal obligations of the state and how to apply them.
  • Civil society including NGOs, development organizations, academics, researchers, teachers and journalists will benefit from this handbook as it includes guidance on how to incorporate the right to education in programmatic, research, and advocacy work.

Those who work for inter-governmental organizations, including at key UN agencies, will find this handbook useful in carrying out the mandate of their organizations. Private actors, multilateral and bilateral donors, and investors can use this handbook to ensure their involvement complies with human rights and that they understand and can apply their specific responsibilities.

How to use this handbook?

The handbook was designed to be accessible. Each chapter starts with the key questions addressed in the chapter and ends with a short summary consisting of key points and ‘ask yourself’ questions, designed to make the reader think deeper about issues raised in the chapter or to encourage people find out more about the situation in their own country.

For more than 70 years, UNESCO has been defending and advancing the right to education, which lies at the heart of its mandate. It recently ran a digital campaign on the #RightToEducation to mark the 70th anniversary of the Universal Declaration of Human Rights.

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Human Rights

Impacts of COVID-19 disproportionately affect poor and vulnerable

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Addressing poverty eradication on Tuesday in front of the General Assembly, UN chief António Guterres warned that the impacts of the COVID-19 pandemic are falling “disproportionately on the most vulnerable: people living in poverty, the working poor, women and children, persons with disabilities, and other marginalized groups”.

The virtual high-level UN meeting was billed as the first in a series of policy dialogues on ending poverty, and also served as the official inauguration of the Alliance for Poverty Eradication, an initiative of the President of the General Assembly, Tijjani Muhammad-Bande.

In his remarks, Mr. Guterres noted that the pandemic has “laid bare” challenges –such as structural inequalities, inadequate healthcare, and the lack of universal social protection – and the heavy price societies are paying as a result.

‘People-centred’ recovery

Ending poverty sits at the heart of the UN’s 2030 Agenda for Sustainable Development, and is the first of the Sustainable Development Goals (SDGs). Despite this, poverty and hunger, as the UN chief reminded his audience, are on the rise, following decades of progress.

Economic recovery plans should prioritize at-risk workers, such as those in the informal sector; protect micro, small and medium enterprises, including those owned by women; and involve an expansion of universal social protection, said Mr. Guterres. The Secretary-General has also proposed a rescue and recovery package equivalent to more than 10 per cent of the global economy’s overall value.

The UN chief called for improved international cooperation; more support for developing countries – by providing financial assistance, and relieving or postponing foreign debt – and for economies to be steered towards inclusive and green growth.

‘A blot on humanity’s conscience’

Addressing the meeting, Mr. Muhammad-Bande described poverty as a “blot on humanity’s conscience”, which is the underlying trigger of conflict and civil strife, and “the most formidable obstacle” realizing the SDGs. Research, he said, has shown that due to the sharp decline in economic activity resulting from the pandemic, more than 850 million people now risk falling into poverty.

The Alliance for Poverty Eradication, he continued, is designed to address the poverty question from all possible angles, and serve as a forum for networking, information-sharing, and bridge-building.

Mr. Muhammad-Bande pointed out that the Alliance would be the first UN group to promote ending poverty, and will provide a major opportunity to confront the challenge, which he described as “enduring, complex and multi-sided”.

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UN rights experts call for decisive measures to protect ‘fundamental freedoms’ in China

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The repression of “fundamental freedoms” by the Chinese Government prompted nearly 50 UN independent experts on Friday to express their continuing alarm, urging the country to “abide by its international legal obligations”.

After having “repeatedly communicated” their concerns, they highlighted the repression of protests and democracy advocacy in the Hong Kong Special Administrative Region (SAR); impunity for excessive use of force by police; the alleged use of chemical agents against protesters; the alleged sexual harassment and assault of women protesters in police stations; together with the alleged harassment of health care workers.

The experts also raised their “grave concerns” on issues ranging from the collective repression of specific communities – “especially religious and ethnic minorities, in Xinjiang and Tibet” – to the detention of lawyers and prosecution – in addition to disappearances – of human rights defenders across the country. 

Moreover, they expressed alarm over allegations of forced labour in both formal and informal sectors of the economy, as well as arbitrary interferences with the right to privacy, cybersecurity laws that authorise censorship; and anti-terrorism and sedition laws, applicable in Hong Kong. 

The independent experts also voiced their concern for journalists, medical workers and those speaking out about COVID-19 online inside China, who have allegedly faced retaliation from the authorities, including being charged with “spreading misinformation” or “disrupting public order.”

‘Violation’ of legal obligations

Most recently, say the experts, and without meaningful consultation with the people of Hong Kong, China has drafted a national security law that would undermine the right to a fair trial, and open the door to a “sharp rise in arbitrary detention”, undermining the “one country, two systems” governance framework that was introduced at the end of British rule; enabling the Chinese Government to establish “agencies” in Hong Kong “when needed.”

If adopted, the law would “violate China’s international legal obligations and impose severe restrictions on civil and political rights in the autonomous region”, according to the independent experts.

“The draft law would deprive the people of Hong Kong…the autonomy and fundamental rights guaranteed them under the 1984 Sino-British Joint Declaration”, they maintained.

The experts urged China to “withdraw the draft national security law for Hong Kong”.

Standing up, speaking out

After actions taken by the Government towards Hong Kong, Xinjiang minorities, the Tibet Autonomous Region, and rights defenders across the country, the independent experts are calling for “renewed attention on the human rights situation in the country”.

They urged China to invite civil and political rights monitors to conduct independent missions “in an environment of confidentiality, respect for human rights defenders, and full avoidance of reprisals” and encouraged the UN Human Rights Council (HRC) to urgently monitor Chinese human rights practices. 

Click here for the full list of names of the UN experts.

Special Rapporteurs and independent experts are appointed by the Geneva-based HRC to examine and report back on a specific human rights theme or a country situation. The positions are honourary and the experts are not UN staff, nor are they paid for their work.

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Human Rights

US sanctions against international court staff a ‘direct attack’ on judicial independence

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Many schools in Afghanistan have suffered the effects of long-term conflict. ©UNICEF/Marko Kokic

The decision by the United States to authorize sanctions targeting staff at the International Criminal Court (ICC) is “a direct attack to the institution’s judicial independence”, UN human rights experts said on Thursday.

Washington announced this month that it would launch an economic and legal offensive against ICC officials investigating alleged war crimes committed by all sides in the conflict in Afghanistan, including US troops.

“The implementation of such policies by the US has the sole aim of exerting pressure on an institution whose role is to seek justice against crimes of genocide, war crimes, crimes against humanity, and the crime of aggression”, said Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers, speaking on behalf of the 34 experts.

“It’s a further step in pressuring the ICC and coercing its officials in the context of independent and objective investigations and impartial judicial proceedings.”

Afghanistan probe ‘important’

The ICC, which is based in The Hague, in the Netherlands, prosecutes the most serious crimes of concern to the international community, including cases related to conflict in the Central African Republic, Darfur and the Democratic Republic of the Congo.

It was established in July 1998 under a treaty known as the Rome Statute, which more than 120 countries have signed. The US is not a party.

The ICC’s Appeals Chambers authorized the Afghanistan probe in March, overturning an earlier decision.

Speaking at the time, Prosecutor Fatou Bensouda called it “an important day for the cause of justice in the situation of Afghanistan, for the Court, and for international criminal justice more broadly.”

Assets blocked, visas revoked

In response to the court’s decision, US President Donald Trump issued an Executive Order on 11 June, blocking the financial assets of certain ICC staff and imposing visa restrictions on them and their immediate family members.

Speaking at a press conference that day, US Attorney-General William Barr said the measures “are an important first step in holding the ICC accountable for exceeding its mandate and violating the sovereignty of the United States.”

The president of the body which overseesthe  ICC, O-Gon Kwon, has denounced the measures, stating “they undermine our common endeavour to fight impunity and to ensure accountability for mass atrocities.”

‘Broad spectrum’ of rights violated

The UN experts said sanctions targeting international judges and international civil servants violate their privileges and immunities, as well as “a broad spectrum” of rights.

Specifically, the Executive Order “would result in the violation of the prohibition of punishment for acts that did not constitute criminal offences at the moment of their commission, the right to a fair trial, the right to freedom of movement and the right to privacy and family life,” they added.

They also recalled that the US has warned it would “exact consequences” against the ICC for any “illegitimate” investigations into Israeli practices in the occupied Palestinian territory.

The experts, who are neither UN staff nor paid by the Organization, have been in contact with the US authorities on these issues.

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