A primary objective of this report is to provide an overview of and compare the monitoring mechanisms of the UN Convention on the Rights of the Child (CRC) and the recent UN Universal Periodic Review (UPR) from a child rights perspective and how CSOs can best use these mechanisms. This is reflected in Part 1 of the report.
A secondary objective is to provide an overview of the regional human rights/ child rights mechanisms and how Civil Society Organizations (CSOs) can use them for advancing Children’s Rights. Part 2 presents such an overview.
The report offers conclusions on the Child Rights impact of the CRC mechanisms, the UPR and the regional mechanisms.
The Universal Periodic Review (UPR) provides a new and exciting opportunity for advocates to hold the United States government accountable to all its human rights obligations and commitments. This toolkit is meant to help human rights advocates engage with the UPR process, especially advocates interested in human rights in the United States and the U.S. government's participation in the UPR. The manual contains two main sections. The first section presents the steps involved before and after the UPR. The second section points out entry points for non-governmental organisations (NGOs): engage in consultation with government; submit a stakeholder report; lobby other countries; attend the UPR Working Group session; participate in the Human Rights Council session; follow-up work to ensure implementation. The Appendix contains templates and samples of NGO submissions
The 21 case studies discussed in this volume clearly illustrate that a wide variety of economic, social and cultural rights are justiciable. Moreover, this publication set out many concrete examples where legal action has made a difference and has unquestionably progressed the actual realisation of the rights.
Litigating Economic, Social and Cultural Rights: Achievements, Challenges and Strategies also reveals the many practical and theoretical obstacles that have been encountered in social action litgation.
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Optional Protocol or OP-ICESCR) entered into force on 5 May 2013. With the Optional Protocol, the international community comes much closer to treating “human rights globally in a fair and equal manner, on the same footing, and with the same emphasis” as required by the Vienna Declaration on Human Rights. In particular, the OP-ICESCR creates a mechanism whereby rights holders can submit complaints of violations of any of their economic, social and cultural rights and hold States accountable to their obligations under the Covenant to respect, protect, and fulfill Covenant rights, including the human rights to education. This procedure will also provide further clarity on the content of human rights in different contexts, resulting in greater guidance for governments that seek to implement the International Covenant on Economic, Social and Cultural Rights in good faith.
The objective of this manual is to provide theoretical and practical information for lawyers and other advocates interested in utilizing the OP-ICESCR as a means to enforce economic, social and cultural rights, including the right to eduxcation. A related aim of this manual is to contribute to the growing network of advocates using strategic litigation to advance ESC rights protections, by supporting ongoing exchange and collaboration.
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 Project, 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.
Alternative Report submitted by ISER-Uganda and the Global Initiative for Economic, Social and Cultural Rights, with the support of the Privatisation in Education Research Initiative, the Right to Education Project, Education International, the Global Campaign for Education, the Africa Network Campaign on Education For All, Forum for Education NGO's in Uganda and the Girls Education Movement Uganda Chapter to the Committee on Economic, Social and Cultural Rights at its 54th Session for its consideration of the List of Issues for Uganda. This report highlights the issue of privatisation in education in Uganda.
Parallel Report submitted by the Coalition Marocaine pour l'Education pour Tous, Global Initiative for Economic, Social and Cultural Rights and others to the Pre-sessional Working Group of the Committee on Economic, Social and Cultural Rights on the occasion of the consideration of the List of Issues related to the Periodic Reports of Morocco. This report highlights the issue of privatisation in education in Morocco.
This publication includes an overview of key right to education decisions made by the Inter-American Court of Human Rights, the European Court of Human Rights, the African Committee of Experts on the Rights and Welfare of the Child, and the UN Human Rights Committee. They are judgments that have taken place in these courts from 1988 to 2014 and deal with the fulfilment of the right to education for various groups, such as people with disabilities, migrants, persons deprived of liberty and Indigenous Peoples.
The Summaries of Jurisprudence series has been published since 2010. This recent publication is available for download via the following websites (in both Spanish and English):
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.