A/66/269
(UNESCO) Recommendation concerning the Status of Teachers (1966), which
recognizes the need for high priority to be given in all countries to setting aside,
within the national budget, an adequate proportion of national income for the
development of education. 8 In fact, the right to education is an integral part of the
institutional mission of UNESCO, and Member States have the obligation of
providing the necessary resources for its realization.
1.
Ensuring progressive realization and avoiding retrogression
10. The concept of the progressive realization of economic, social and cultural
rights, including the right to education, recognizes that their realization often
extends over time. It also implies that measures to promote the fulfilment of a right
must be adopted with a view to ensuring a sustainable expansion of its enjoyment
across the country. When referring to the progressive realization of the right to
education, the Committee on Economic, Social and Cultural Rights emphasized that
States parties to the International Covenant on Economic, Social and Cultural Rights
have a specific and continuing obligation “to move as expeditiously and effectively
as possible” towards the full realization of that right. It also underlined: “there is a
strong presumption of impermissibility of any retrogressive measures”. 9 In that
sense, support to education must be driven by consideration of the need to ensure
the gradual expansion of the education sector.
11. Various United Nations human rights treaty bodies have expressed concern
regarding the possible impact of economic crises on the enjoyment of human rights.
The Committee on Economic and Social Rights specified that “even in times of
severe resources constraints, whether caused by a process of adjustment, of
economic recession or by other factors, the vulnerable members of society can and
indeed must be protected by the adoption of relatively low-cost targeted
programmes”. 10 More recently, the Human Rights Council adopted a resolution in
which it called upon States to note that the global economic and financial crises did
not diminish the responsibility of national authorities in the realization of human
rights. 11
2.
Fulfilling core obligations
12. States’ obligations to satisfy, as a matter of priority, “minimum essential levels
of each of the rights” recognized in the International Covenant on Economic, Social
and Cultural Rights, also referred to as “minimum core obligations”, have
immediate effect. Core obligations relating to the right to education include the
obligation to provide primary education free of charge for all in accordance with
article 13.2 (a) and the obligation to adopt and implement a national educational
strategy that includes the provision of secondary, higher and fundamental
education. 12 Article 14 of the Covenant further underlines the core obligation to
adopt a plan of action aimed at securing the progressive implementation of the right
to compulsory primary education, free of charge, within a reasonable time frame.
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8
9
10
11
12
11-44589
ILO/UNESCO Recommendation concerning the Status of Teachers, para. 10 (l).
Committee on Economic, Social and Cultural Rights, General Comment No. 13, paras. 44 and 45.
Committee on Economic, Social and Cultural Rights, General Comment No. 3, para. 12.
Human Rights Council resolution S-10/1 of 23 February 2009.
See Committee on Economic, Social and Cultural Rights, General Comment No. 13, para. 52.
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