59.
By way of illustration, violations of article 13 include: the introduction or
failure to repeal legislation which discriminates against individuals or groups, on any
of the prohibited grounds, in the field of education; the failure to take measures which
address de facto educational discrimination; the use of curricula inconsistent with the
educational objectives set out in article 13 (1); the failure to maintain a transparent
and effective system to monitor conformity with article 13 (1); the failure to
introduce, as a matter of priority, primary education which is compulsory and
available free to all; the failure to take “deliberate, concrete and targeted” measures
towards the progressive realization of secondary, higher and fundamental education in
accordance with article 13 (2) (b)-(d); the prohibition of private educational
institutions; the failure to ensure private educational institutions conform to the
“minimum educational standards” required by article 13 (3) and (4); the denial of
academic freedom of staff and students; the closure of educational institutions in
times of political tension in non-conformity with article 4.
3. Obligations of actors other than States parties
60.
Given article 22 of the Covenant, the role of the United Nations agencies,
including at the country level through the United Nations Development Assistance
Framework (UNDAF), is of special importance in relation to the realization of article
13. Coordinated efforts for the realization of the right to education should be
maintained to improve coherence and interaction among all the actors concerned,
including the various components of civil society. UNESCO, the United Nations
Development Programme, UNICEF, ILO, the World Bank, the regional development
banks, the International Monetary Fund and other relevant bodies within the
United Nations system should enhance their cooperation for the implementation of the
right to education at the national level, with due respect to their specific mandates,
and building on their respective expertise. In particular, the international financial
institutions, notably the World Bank and IMF, should pay greater attention to the
protection of the right to education in their lending policies, credit agreements,
structural adjustment programmes and measures taken in response to the debt crisis. 29
When examining the reports of States parties, the Committee will consider the effects
of the assistance provided by all actors other than States parties on the ability of States
to meet their obligations under article 13. The adoption of a human rights-based
approach by United Nations specialized agencies, programmes and bodies will greatly
facilitate implementation of the right to education.
29
See the Committee’s general comment No. 2, paragraph 9.