Education (Right to)

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This case addresses the plight of as many as 100,000 children (known as talibés), who while attending Qur’anicschools (daaras) in Senegal, are forced by some instructors to beg in the streets, to secure their own survival and enrich the teachers. The children live away from their families, often in deplorable conditions, and are exposed to brutal physical assaults, malnutrition, illness, sexual abuse, and several other vulnerabilities. The forced begging leaves no time for a proper education.

Hakijami, ISER and GI-ESCR, together with allies, expressed their concerns about the World Bank’s expressed support for the development of a multinational chain of low-fee profit-making private primary schools 

In 2006, Asociación Civil por la Igualdad y la Justicia (ACIJ), an organization member of the ESCR-Net, filed an amparo action against the Government of the City of Buenos Aires. The purpose of the action was to have the Court order the Government to comply with its existing constitutional obligation to ensure and finance access to early education. The case centered on violations of the right to education and to equality, as well as the principle of personal autonomy.

Global Initiative for Economic, Social and Cultural Rights and other organizations called on UN human rights experts to question the government of Chile about the human rights violations resulting from its privatised education system

The Xákmok Kásek indigenous community, who has originally lived in the Paraguayan Chaco area, filed a petition before the Inter-American Court of Human Rights requesting acknowledgement of their traditional territory. Paraguay sold and split up the land without taking into consideration the indigenous population. The Salazar ranch was founded in the land that had been the home of the Xákmok Kásek community for years.  The community’s ability to survive and to develop its way of life was restricted, and the State failed to fulfill its duty to guarantee the community’s territorial rights.

This 2014 decision was handed down after three rounds of litigation. In 2012 applicants sought a court order directing the delivery of school furniture to three rural schools in dire need of furniture; a declaration that the State had violated children’s right to education by failing to provide “adequate, age and grade appropriate furniture” at Eastern Cape schools; and an order that the state complete a comprehensive audit of school furniture needs in the province.

The Right to Education Project has recently launched a new website. The site’s section on monitoring the right to education gives a succinct introduction to:

  • What to monitor, including a country’s legal framework
  • ...

ESCR-Net’s member Right to Education Project has launched a re-conceived and re-designed website to be more user-friendly and allow for greater interactivity

Country: 
United Kingdom
Working Group(s) / Area(s) of Work: 
Strategic Litigation
Economic Policy and Human Rights
Monitoring
OP-ICESCR

This case concerns a 2009 appeal before the Constitutional Court of South Africa, brought by the Head of the Mpumalanga Department of Education (HoD).