IV. IMPLEMENTATION -- HOW ARE HUMAN RIGHTSENFORCED?
Several international, regional and national legal instruments recog-nize the right to education.
Content of the Right to Education and State Obligations
This element involves the right to choose the type of education received, and the right to establish, maintain, manage and control private educational establishments. It does not, however, require the state to provide the same ancillary benefits to private school pupils that public school pupils may enjoy, such as free transport by bus, free textbooks, or school meals. Pupils and parents have a right to be free from indoctrination, and as such, mandatory study of materials that are incongruent with a pupils religious or other beliefs may violate the right to education.
Dr. Anthony Cullen graduated in November 2007. The title of his PhD thesis was The Concept of Non-international Armed Conflict in International Humanitarian Law: A Study on Thresholds of Applicability. He currently is working as a Research Fellow on the at the Lauterpacht Centre for International Law, University of Cambridge.
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Dr. Andrea Breslin graduated in 2011. The title of her thesis was "The Obligation of the EU and its Member States to EnsureRespect for International Humanitarian Law".
7. Commission on Human Rights, Preliminary Report of the Special Rapporteur on the Right to Education, Ms. Katarina Tomasevski, UN Doc. E/CN.4/1999/49 (13 Jan. 1999).
LLM Program in International Human Rights
Arbitrary and discriminatory imposition of fees may result in a denial of equal access to education and therefore constitute a violation of the state's obligations. For example, in a class action filed on behalf of the National Association of Nigerian Students (NANS),12 the Social and Economic Rights Action Center (SERAC), a Nigerian nongovernmental organization, is asking the court to determine whether the arbitrary increase in fees as applicable to tertiary institutions by upwards of 1,000 percent was compatible with the right to education. The suit is founded on the grounds that the policy would impede access to higher education; that it constitutes a violation of the principles of equality and nondiscrimination due to its selective application to schools mostly in Southern Nigeria; and that the policy is unjustifiable given the rapid decline in quantitative and qualitative standards in higher education.
The Rule of Law in Armed Conflicts project (RULAC) is a unique online portal that identifies and classifies all situations of armed violence that amount to an armed conflict under international humanitarian law.
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The demanding nature of the obligations involved in ensuring the right to education is reflected in the number and variety of reservations, declarations and objections relating to the relevant article in the Convention on the Rights of the Child. However, at least four components of the right to education can be gleaned from various legal provisions on the right to education:
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Legal standards on the right to education encompass two broad components: enhancement of access of all to education on the basis of equality and nondiscrimination, and freedom to choose the kind (public/private institutions) and content (religious and moral) of education. Both aspects represent the spirit and cardinal essence of the right to education.
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The CESCR, in its General Comment 13 (see full text beginning at p. 316), identifies four elements of the states obligations with respect to the right to education. These are (1) availability, (2) accessibility, (3) acceptability and (4) adaptability.
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