[hr-education] Commission on Human Rights hears report from Special Rapporteur on Right to Education

UNITED NATIONS
Press Release

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COMMISSION ON HUMAN RIGHTS HEARS REPORTS
FROM SPECIAL RAPPORTEURS ON RIGHTS TO
HOUSING, HEALTH AND EDUCATION

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Commission on Human Rights
AFTERNOON 29 March 2005

Continues its General Debate on Economic, Social and Cultural Rights

The Commission on Human Rights continued its consideration of economic,
social and cultural rights this afternoon, hearing presentations by the
Special Rapporteurs on the right to adequate housing, the right to
education, and the right to the highest attainable standard of physical and
mental health.

Miloon Kothari, Special Rapporteur on adequate housing as a component of
the right to an adequate standard of living, stressed that adequate housing
meant much more than four walls and a roof, and included the capacity to
live in peace and dignity, and remained intrinsically linked to the
security and identity of a person. The principle theme of the present
report was homelessness. He also summarized the findings of his 2004
missions to Kenya and Brazil, as well as preliminary findings from his
ongoing study on women and housing.

Responding to the Special Rapporteur, Brazil noted that the Government had
created the Ministry of Cities in 2003, and had raised investments in
housing and environmental sanitation. The Ministry had created the National
Development Urban Programme, based on the democratic and decentralized
participation of civil society, which aimed to coordinate and integrate
investments and programmes in the field of housing.

Kenya said the Government intended to undertake an Integrated Household
Budget Survey, the aim of which was to meet the data requirements for
monitoring of the Millennium Development Goals, among other objectives.
Regarding women, property and housing rights, he pointed out that laws
sufficient to protect women already existed, superseding customary
practices. As for the so-called "indigenous" people, the terminology was
not applicable to Kenya. All communities of African descent were indigenous.

Vernor Munoz Villalobos, Special Rapporteur on the right to education, said
the maintenance of fees for primary education in more than 70 countries
proved that education continued to be seen as an expenditure, not as a
right. The financing of education was fundamental to its sustainability.
His next report would deal with discrimination in education, particularly
with regard to vulnerable groups such as the Dalits, who suffered from lack
education, and he also planned to address the lack of provision of quality
education in emergency situations.

Paul Hunt, Special Rapporteur on the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health, said he had
focused his report on the right to health of people with disabilities,
having applied the common analytical framework to their situation. The
report also covered three missions undertaken in 2004 to Mozambique, Peru
and Romania. While each country was different, there were some common
themes in the three reports. Most striking, each country had -- to its
credit -- developed a number of excellent policies for their health sectors
recently. Yet, in some cases, there was a gap between these impressive
policies and actual implementation on the ground.

Responding to the Special Rapporteur, Mozambique agreed with the findings
that recognized that the development of health-related legislation,
policies and programs in recent years constituted steps towards ensuring
the right to health in Mozambique. The country's view was that the problem
of health-related rights was essentially one of poverty. Note was taken of
the various recommendations of the Special Rapporteur.

Peru said the comprehensive policies adopted by the Peruvian Government
regarding the right to health had targeted the most vulnerable areas of the
country. Health cards were to be distributed to all citizens in the near
future. He also addressed specific programmes such as that to prevent
sexually transmitted diseases and other infections and prioritization of
the fight against HIV/AIDS and dissemination of information to youth.
Overall, the report's recommendations would be implemented in a
comprehensive manner, particularly with regard to mental health.

Romania said that four important goals had been included in the "Decade
Action Plan for Roma Inclusion, 2005-2015", which included implementation
of national health programmes in 100 per cent of Roma communities, to
guarantee 100 per cent access for them to primary medical and
pharmaceutical services, to promote intercultural education, and to
facilitate the inclusion in the health insurance system of the Roma which
did not meet the current legislative criteria due to objective reasons.

Participating in the interactive dialogues, held with all three Special
Rapporteurs, were the Representatives of Cuba, Argentina, Mexico,
Luxembourg (on behalf of the European Union), Costa Rica, Pakistan, India,
Canada, Norway, Congo and Nepal.

Also today, the Commission continued its general discussion on economic,
social and cultural rights as Representatives of Ukraine, Nigeria, Sri
Lanka, Russian Federation, South Africa, Indonesia, Sudan and China took
the floor. Speakers highlighted the indivisibility, interdependence and
universality of all human rights, the need to treat economic, social and
cultural rights equally with civil and political rights, and the need to
undertake analysis of progress in terms of realization of economic, social
and cultural rights for the achievement of the Millennium Development Goals
at the upcoming five-year review to be held this fall.

<snip>

There is the report submitted by the Special Rapporteur on the right to
education, Vernor Muñoz Villalobos, (E/CN.4/2005/50), which provides an
overview of the activities and issues he plans to carry out and consider
during his mandate. Following up on the work initiated by his predecessor,
the Special Rapporteur intends to continue strengthening the human rights
dimension of education by encouraging the shift from education policies
that address education as an economic good to the right to education, which
States have an obligation to implement and which is justifiable. In that
regard, he plans to focus his efforts on the financial resources allocated
to education and on emphasizing the need for free compulsory primary
education and intends to engage in a dialogue with various key partners.
Besides financial and structural constraints on the full enjoyment of the
right to education, the Special Rapporteur identifies discrimination as a
key impediment. Though the Special Rapporteur decided to pay specific
attention to the access of girls and adolescents, especially pregnant
adolescents and young mothers, to education, he will also examine the
exercise of the right to education by migrants, indigenous populations,
minorities and persons with different capacities, the report states.

<snip>

Presentation of Report by Special Rapporteur on Right to Education

VERNOR MUNOZ VILLALOBOS, Special Rapporteur on the right to education, said
that the maintenance of fees for primary education in more than 70
countries proved that the budget for education was considered as an
expenditure and not as a right. He noted the progress made in the
educational level in Kenya, Malawi, Tanzania and Uganda, where after the
educational fee had been eliminated, a high level of educational
achievement had been reached. Such measures had enabled millions of
children to enjoy the right to education, particularly the girl child. The
financing of education was fundamental for its sustainability. The
strategies of the World Bank and other agencies were aimed in that
direction. However, they should take into consideration the situation of
highly indebted countries in their efforts to implement the right to
education. A number of countries had affirmed the indivisibility of human
rights; however, economic, social and cultural rights were not provided
with adequate legal protection similar to that enjoyed by civil and
political rights. For that reason, it was urgently necessary to guarantee
the justiciability of the human right to education at the international and
national levels.

In his next report, he would deal with discrimination in education with
regard to vulnerable groups such as the Dalits, who suffered from lack of
education. He would inform the Commission after exploring the factors of
discrimination of the caste system. The collaboration of Governments and
civil society would be essential in that regard in identifying the
obstacles and in finding effective means to remedy the situation. It was
necessary to establish a series of recommendations in order to combat such
types of discrimination in education. Another aspect of discrimination in
education was the lack of provision of quality education in emergency
situations. The discrepancies in educational opportunities did not respect
the priorities provided by many Governments in the realization of the right
to education. Security in schools should also be considered as part of the
human right of education.

Interactive Dialogue

CLAUDIA PEREZ ALVAREZ (Cuba) said regarding the initiatives that had been
seen regionally in the Latin American region to combat illiteracy, for
example in Venezuela and in Haiti, did the Special Rapporteur intend to
examine more closely this type of bilateral cooperation which could help to
deal with the problem. Regarding the report, which mentioned the potential
development of some indicators on the measurement of the right to food, for
example, what was the Special Rapporteur's view on these indicators, and
what reasons would there be for their development, and would States be
consulted.

SERGIO CERDA (Argentina) said regarding paragraph 122, there had been a
case of violence in a school in Argentina; this was something that could be
dealt with in the future, namely the violence that occurred in the school
environment that was not associated with natural disasters or armed
conflicts. It was a very serious situation and it was hoped that in the
area of prevention the Special Rapporteur would be able to include
something in future reports. Regarding paragraphs 130-131, there was full
support for the issue of justicability of the right to education.

LUIS VARELA QUIROS (Costa Rica) said there was pleasure at the report that
had just been introduced. It was an important and valuable report, and
education was an investment and not an expenditure for societies. Education
should be looked at as a comprehensive process, and not just the
acquisition of basic abilities. Boys and girls should have the same access
to education, and this should be guaranteed if the future was to be more
just and more equitable. It would be extremely useful in the area of
migrants to look closely at the specific needs and requirements of the
right to education of migrant boys and girls, particularly in the context
of integration, as the right to education should be guaranteed for all
regardless of ethnicity and gender. The Special Rapporteur should carry on
with his efforts.

ALPHONSE BERNS (Luxembourg) said regarding the reference of the Special
Rapporteur to the need for future indicators to be drafted on the right to
education and in particular on the enjoyment of the second and third
Millennium Development Goals, how would the Special Rapporteur proceed on
specific points to be included in these Goals. The Special Rapporteur had
taken the view that the concept of disability was an obstacle to the right
to education. Given the need for a culture-based approach, what types of
measures could be taken to meet the needs of persons with disabilities.

RIZWAN SAEED SHEIKH (Pakistan) said with regard to two particular aspects:
firstly, as commented on by Cuba and Luxembourg on the development of
indicators to monitor progress with regard to the right to development and
to have an idea of the fulfilment of both national and international
responsibilities in this regard, Pakistan had already suggested the
development of indicators in the context of the right to development, and
there was great interest in this issue; secondly, regarding paragraphs
270-272, an important aspect was to ensure that in the implementation of
the right to education that culture and religious diversity and respect for
these were ensured and enshrined in respect of retaining the identity of
those receiving this education. The forthcoming reports should include
these issues with conclusions and recommendations with regard to guidelines
thought out.

DEBABRATA SAHA (India) said the remark of the Special Rapporteur that in
the future report he would address an issue described as the right to
education of Dalits and the discrimination against these surprised India,
as it was believed by the delegation that in India extraordinary lengths
had been taken to ensure that discrimination on the basis of caste, as any
other, was not allowed. There was discrimination, but this was positive
discrimination, on the lines of affirmative action, with the aim of
uplifting those who had suffered from historical discrimination, and this
had taken place for the Dalits. It was hoped that the Special Rapporteur
would take this up in his next report, as India believed that positive
discrimination was a good tool for use, and wished for confirmation for
this from the Special Rapporteur. There was a possibility that the Special
Rapporteur had in mind the issue of social practices of discrimination,
which fell outside his remit, as the right to education was the
responsibility of the Government, and this was not the same as social
practices. The Special Rapporteur should confine himself to his mandate,
which covered rights of the individual with regards to education in the
context of the State.

VERNOR MUNOZ VILLALOBOS, Special Rapporteur on the right to education, said
that illiteracy clearly figured centrally to his mandate, as did the
situation of children and adolescents, and measures taken in public and
private spheres, which aimed to enhance fundamental access to education.
There was need to focus particular attention on each of these issues.
Regarding indicators, he said that while they made it possible to design
policies to enhance the right to education, they remained only general and
made it problematic to understand more specific, intercultural aspects. A
central part of his mandate continued to concern the development of
indicators on the right to education, however.

Thanking Argentina for drawing attention to the issue of violence and
education, he said emergency situations should be considered to include the
problems faced by women and young girls in terms of access to education.
With regard to other vulnerable populations, he said that there should be
attempts to design a concept of education to help promote active
citizenship for protection and promotion of human rights. He also thanked
the representatives of Pakistan and India, who had contributed interesting
questions to the consideration of his mandate, and he hoped to be able to
address all the questions in depth, at a later time.



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