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identification of violations of the right to education. Violations of article 13 may occur through
the direct action of States parties (acts of commission) or through their failure to take steps
required by the Covenant (acts of omission).
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.
III. 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.