How do we determine when the government has not fulfilled its obligations?
These days, there are so many rights of ALL varieties. How does a central technocrat (or planner) prioritize all of the different rights? How important is the "right to education" compared to a "right to a job" or a "right to water"?
Not clear.
Education is not a privilege. Education as a human right means the right to education is legally guaranteed for all without any discrimination. All countries have the obligation to protect, respect, and fulfil the right to education.
Hassan Izzeddin Sarsak How do we hold governments accountable when they do not fulfill their responsibilities with respect to the right to education? Can you give me specific examples of legal, social and economic strategies that we can use, from your country?
Education is a basic human right for all and is important for everyone to make the most of their lives. Having an educationhelps people to access all of their other human rights.
Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Education shall be directed to the full development of the human personality and to the strengthening of respect forhuman rights and fundamental freedoms.
https://theirworld.org/explainers/right-to-education
Fares F. Fares Muhammad Saad Khan
How do we hold governments accountable when they do not fulfill their responsibilities with respect to the right to education? Can you give me specific examples of legal, social and economic strategies that we can use, from your country?
Dear Joseph Tham in the new era of sustainable development, where all countries are expected to implement a universal development agenda, all governments need to be held to account for ongoing human rights abuses affecting a significant part of their young population, as well as a failure to provide adequate or timely protections to which children are entitled under the Convention on the Rights of the Child. Moreover, Weak government monitoring mechanisms, lack of zero-discrimination policies, lack of accountability for children who drop out of education, and unchecked power wielded by school officials as to who goes to school and who stays out are among the factors contributing to governments’ failures to ensure the right to quality education for children who have traditionally endured discrimination.
The UN should continue to hold all governments to account for violations of the right to education. Globally, any champion country or government representative appointed to lead on global education issues must first abide by international human rights standards for all children in its territories and abroad, in cases where they also play a key role as donors, and be open to scrutiny by its own national civil society, as well as UN bodies reviewing its performance.
As far as Pakistani scenario is concerned; Right to Education Pakistan, also known as RTE Pakistan or simply RTE, is an advocacy campaign for equal education rights for all children in Pakistan. The RTE campaign stems from low enrollment levels in Pakistani schools, and low literacy levels (especially among Pakistani females) depicted by the Annual Status of Education Report (ASER). It functions under the Citizens Movement for Quality Education, an initiative by Idara-e-Taleem o Aagahi (ITA), or "The Centre of Education and Consciousness."
The RTE campaign urges government officials to enforce education laws set forth in Article 25-A of the Pakistani Constitution, which states "The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.” RTE also aims to mobilize parents, teachers, students/youth and civil society to demand "free and compulsory education" for all children.
http://rtepakistan.org/about-rte-pakistan/
Muhammad Saad Khan What are the penalties for government officials if they are not successfully in enforcing the law? Have any officials received punishments?
I will divide right to education in four components.
1. Availability of school and other informations. It is responsibility of state.
2. Financial capability to pay fee and other expenditures. If someone can't afford it, it is stste's responsibility to make a mechanism under which s/he can pay it.
3. It is responsibility of individual, especially the parents to utilize the state provide facilities.
4. Equal opportunity to read and enjoy schooling. It is the responsibility of teachers to run education institutions in best possible manner.
Dear Joseph Tham Government of Pakistan (GOP) is actually trying to implement RTE law, which is also an integral part of the current educational policy. However, I am agreed that governments have to enforce more rigorous implementations and render proper sentences if they found someone culprit against the law.
http://www.moent.gov.pk/userfiles1/file/National%20Educaiton%20Policy%202017.pdf
if we consider the right to education a human right then governments have the obligation to fulfill this right (not to violate it), protect it (against violation by third parties) and promote the right (e.g. support those who otherwise won't have access to such right).
Eberhard Weber
The problem is that every 10 to 15 years, we have an international conference in which ALL the governments in the world reaffirm their commitments to the “right to education”, and that is it.
There is no way to enforce this right. What are the penalties to the government? Who would enforce the penalties?
And in the definition of education as a human right: Under the law the right to education for all without any discrimination on the state to be committed to the protection of the right to education and respect and implementation There are several ways to question States when violating the right to education and deprive someone of it.
What is the enforcement mechanism for the "right to education"? Please explain.
A right to education (how much? How may years? Primary only? Up to secondary? Does it include pre-school?)
A right to education at a school that is at a reasonable distance from my home?
A right to public transport so that I am able to attend the school?
Do I have the right to an education in my village? In the capital city? In Sweden? And if in Sweden, do I obtain the right as soon as I set foot in Germany? Do I have to become a citizen of Sweden first, or it does not matter.
My parents tell me that evolution theory is immoral. Do I have to study it? I should not study anything that goes against my religious beliefs.
Also, I would like to study with a diverse group of students, but they do not accept me. I do not want to study with females.
A right to qualified teachers of my ethnicity. Also, I prefer female teachers because I am not comfortable with male teachers.
Should the schools have equipment for science and also chairs to sit?
Should the schools have toilets?
A right to good quality all-weather roads (in the rainy season, I cannot go to school?)
Does it include a right to food? If a student is hungry, they cannot study.
Does it include a right to the internet so that they can do the school work. I forget to mention electricity because sometimes there is no power, and it is not easy to do the school work by candle light.
Does it include the right to a job? What is the point of having an education if I cannot find a job with it?
did I forget to mention everything? I am sure I have left something out.
I agree that there are possible restrictions to such rights: in Fiji there is compulsory education. Primary and secondary education is free of tuition fees. For tertiary education students easily can get loans, which have to be repaid when they enter the labor market. So the government tries its best, I would suggest that in case not all attend school, or if pupils drop out early, it is not necessarily the result of government action or inaction. Students get subsidized bus transport, they get free school books, and free milk, etc..... One can discuss, if more is possible, and surely I have forgotten aspects....
Of course, the right to basic education is one of the obligations of the States Members of the United Nations that have signed the law of human rights.
Hiyam Sujud What is the value of a right that has no enforcement mechanism? Zero. Talk is cheap, VERY cheap.
Sign? Sure, I will sign all the documents. It is a little tiring for me to sign so many documents, but for the greater good of humanity, I will sign. A right with zero enforceable obligations has ZERO value.
I think in Fiji there is much the government does to promote the right to education. Education (primary and secondary) is free, transportation school books and others are highly subsidized.... ; so it is not just idle talk, but noticeable consequences. What Fiji can do a wealthy government like the one in the USA surely could do much easier and more complete.
Eberhard Weber I am discouraged to report that the U.S. is hardly the model for a good education system.
If they consider it a right then it should be embedded in the law of all the signing nations along with a elaboration of comprehensive plan to implement the same by justifying the the level of education that is considered to be right and other requirements like budget allocation that is spending on this particular program along with an evaluation plan to monitor the progress of the program.But what we have experienced so far are solgens, false propaganda and political gains.
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