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.
Globalisation: How the EU’s trade policy helps to promote human rights
Globalisation and international trade can affect human rights, so the EU’s trade policy include tools to protect them. Find out how.
International trade and globalisation have great potential to create jobs in the EU and beyond. Yet, growing global competition can endanger human rights by for example leading to worker exploitation. As human rights are a priority of its foreign policy, the EU uses its trade policy to promote and protect human rights in non-EU countries through preferential trade deals, as well as unilateral trade restrictions.
Preferential trade access
One of the EU’s main tools to protect human rights and labour rights in non-EU countries is the Generalised System of Preferences (GPS). This scheme grants 90 developing countries preferential trade access to the EU market. However, this depends on them respecting human rights. Access can be withdrawn when systematic violations occur.
The EU’s strategy is to encourage gradual progress through dialogue and monitoring. Sanctions are used only in extreme cases. Suspension of GSP preferences has occurred three times: with Myanmar in 1997, Belarus in 2007 and Sri Lanka in 2010.
While the scheme has led beneficiary countries to make legislative and institutional changes to promote human rights, implementation has been slower in a number of countries.
The EU can also impose unilateral trade restrictions or set due diligence obligations for importers to ensure that money from trade with the EU is not being used to fund conflict and human rights violations in these countries.
The EU also has strict rules to prevent the use of European goods and technologies for unethical intentions elsewhere, for example medical substances that could be used in executions..
Imports of items whose production is related to human rights violations are also restricted, including conflict minerals and objects that can be used for torture.
Import ban on conflict minerals
The EU has taken steps to ban the import of conflict related minerals.
In 2002, after recognising the impact international trade in diamonds has on human rights, the EU adopted rules that ban all imports of rough diamonds without a certificate of origin. Similarly, minerals, used in the production of, for example high-tech devices, often stem from countries afflicted by conflict. The revenue gained from minerals exported to the EU often sustained armed revolts.
To prevent the international trade in minerals from funding conflict and human rights violations, MEPs adopted in 2017 rules obliging EU importers of tin, tungsten, tantalum and gold to carry out due diligence checks on their suppliers. The regulation will be fully in force from 2021.
Export ban on torture goods
EU rules ban any trade in goods and services that may contribute to torture or execution.
Since 2004, an export control system is in place, which checks and prohibits goods that may be used to treat people badly. Authorisation is necessary for items that have legitimate purposes but that can also be used for human rights violations, such as medicinal substances.
The rules also include a ban on the marketing and transit of equipment used for cruel, inhumane and degrading treatment that have no other practical use than execution or torture, such as electric chairs or automatic drug injection systems.
Export control for trade in items that can be used to violate human rights
The EU has rules to ensure that products and technologies originally produced for civilian use in Europe cannot be used to violate human rights. Dual-use items are goods, software, or technology that, besides their original purpose, can be abused. Examples of other uses include developing weaponry, committing terrorist attacks, spying on people, or infiltrating computer systems, hacking computers, or intercepting mobile phones.
An update of the rules is being discussed featuring stricter export controls, brokering, transit and transfer of dual-use items and taking into account technological developments. Export controls are facilitated by a common EU list of dual-use items.
EU rules to prevent worker exploitation
In 2017, Parliament adopted a resolution calling for EU rules obliging textile and clothing suppliers to respect workers’ rights. It proposed a due diligence obligations system, meaning investigation into the standards of human rights before entering a trade agreement. Non-EU countries would have to comply with EU norms to produce sustainable and ethical textiles. Parliament also wants the EU and member states to promote International Labour Organisation standards on wages and working hours with partner countries in the garment sector.
Child and forced labour
A 2016 Parliament resolution calls for ways to trace evidence of forced and child labour. Measures include labelling child-labour-free products, giving trade preferences to countries that meet certain labour standards and prohibiting the import of products made by child labour.
The implementation of an effective traceability mechanism would steer towards a complete ban on such products. The resolution also calls for the combating of forced and child labour to be included in the trade and sustainable development chapters of EU agreements to promote human rights through international trade.
Forum calls for stepped-up action to end child labour
Participants at a forum held at the Centenary International Labour
Conference (ILC) called for
stronger action to end child labour, and highlighted some of the challenges
resulting from the major transformations occuring in the world of work.
In an emotional moment, youth advocate Molly Namirembe recalled how she and her sister worked on a tea plantation in Uganda when they were children, after their parents died. “We would work for 12 hours, sometimes on an empty stomach,” she recalled, tears running down her cheeks.
The thematic forum entitled Together for a brighter future without child labour also focused on accelerating action towards SDG Target 8.7 that calls for “immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms.”
“Ever since the creation of our
Organization, the elimination of child labour has been a top priority,” said
ILO Director-General Guy Ryder, adding that he expected the ILO would achieve
soon the universal ratification of Convention 182 on the Worst Forms of
Child Labour .
Kumaran Shanmugam Naidoo, Secretary-General, Amnesty International, called for a holistic approach “where we not only view the phenomenon of child labour but also the very systems that drive children to work at such a high cost.”
Juneia Martins Batista, Women’s Secretary, Single Confederation of Workers (CUT), Brazil, spoke of the need to improve the situation of women who make a living as domestic workers and rural workers. “The idea is that we can empower these adults, mostly women, to have a decent life. With decent work, we may be able to eliminate child labour.”
Assefa Bequele, Founder and former Executive Director, African Child Policy Forum, said: “The big question … is what needs to be done to initiate the kind of policy we need to narrow the gap between rhetoric and action and that would put children at the heart of public policy.”
Sue Longley, General-Secretary, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Association, said, “The key question, the key accelerator will be addressing the fundamental power imbalance in rural areas – we really still do have feudal landlords and slavery.”
Jacqueline Mugo, Executive Director, Federation of Kenya Employers, stressed the need “to address the root causes and systemic issues. These are poverty, informality and the lack of educational opportunities for young people.”
Tanzila Narbaeva, Deputy Prime Minister of Uzbekistan, said: “To ratify a child labour convention is only half of the job: what is needed is to change the mindset of people and their perception of the child labour phenomenon.”
Phyllis Kong Wai Yue, Human Rights and Responsible Sourcing Specialist at chocolate maker Ferrero, said, “It is in business’ interest to demand stronger policies for protecting children, as well as the enforcement of labour laws.”
The forum was followed by a music event providing testimony to children and young people’s role combating child labour.
UN: Understanding of LGBT realities ‘non-existent’ in most countries
Policymakers in most parts of the world are taking decisions in the dark when it comes to sexual orientation and gender identity, an independent UN human rights expert said on Wednesday.
In a statement issued ahead of presenting his latest report to the Human Rights Council later this month, Victor Madrigal-Borloz urged States to collect more data in an effort to understand the root causes of violence which is often routinely directed towards Lesbian, Gay, Bisexual and Transgender (LGBT) people in societies across the world.
“States must adequately address this scourge through public policy, access to justice, law reform or administrative actions,” said Mr. Madrigal-Borloz. “In most contexts, policymakers are taking decisions in the dark, left only with personal preconceptions and prejudices.”
Clear information about the realities as lived by most LGBT people are at best, little understood, “incomplete and fragmented”, said the UN Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity, “but in most countries it is simply non-existent”.
“My findings show that barriers created by criminalization, pathologization, demonization and stigmatization, hinder accurate estimates regarding the world population” which is affected, he said. “Maintaining such a level of ignorance without seeking appropriate evidence is tantamount to criminal negligence.”
The expert said that data collection efforts are already underway in many parts of the world and have supported assessments of the situation of LGBT persons in various areas of life, including their relative safety, well-being, health, education and employment.
“However, many other areas still lack data and remain unexplored, for example, the concerns of ageing LGBT people and intersections with disability, racism and xenophobia”, he noted, adding that where States criminalize certain forms of sexual orientation and gender identity and expression, fully effective data collection is impossible: “I have received multiple accounts of data being used for surveillance, harassment, entrapment, arrest and persecution by government officials in such contexts”, he added.
The rapporteur called on States to “design and implement comprehensive data collection procedures to assess the type, prevalence, trends and patters of violence and discrimination against LGBT persons. When doing so, States should always respect the overriding ‘do no harm’ principle and follow a human rights-based approach to prevent the misuse of collected data,” concluded the expert.
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