INTERNATIONAL HUMAN RIGHT STANDARDS AND HIGHER EDUCATION

Anđela Đukanović

DOI Number
https://doi.org/10.22190/TEME200410060D
First page
1025
Last page
1040

Abstract


The right to higher education, as a segment of the more general right to education, is relatively neglected in the literature dealing with the international protection of human rights. Various trends in higher education can negatively affect the realization of this segment of education. Above all, the mass commercialization of higher education, the uncritical use of digital technologies, and the generally reduced participation of the state in this type of education, which is a public good, can significantly affect the exercise of this right. Given the current problems, it is necessary to examine whether the right to higher education in the adopted international documents includes only equal access to higher education. More precisely, whether this right includes some basic requirements regarding the quality of higher education, as well as whether the states have any obligations regarding its financing. Formulations used in human rights instruments are vague. The practice on this issue is insufficient, probably due to inadequate promotion of this segment of the right to education because of the fear that obligations that are unattainable for the states could be gradually formed.


Keywords

higher education, human rights, International Covenant on Economic, Social and Cultural Rights, free education, capacity

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References


World Conference on Higher Education: The New Dynamics of Higher Education and Research for Societal Change and Development, Communique, (8 July 2009), United Nations Educational, Scientific and Cultural Organization.

African Charter on Human and Peoples' Rights, (1981), African Union.

African Commission on Human and Peoples' Rights, (2016), 346 Resolution on the Right to Education in Africa ACHPR/Res. 346 (LVII) 2016.

American Declaration of the Rights and Duties of Man, (1948), Inter-American Comission on Human Rights (IACHR).

Arab Charter on Human Rights, (1994), Council of the League of Arab States.

Arab Charter on Human Rights, (2004), Council of the League of Arab States.

Beiter K. (2006). The Protection of the Right to Education by International Law: Including a Systematic Analysis of Article 13 of the International Covenant on Economic, Social and Cultural Rights. Leiden Boston: Martinus Nijhoff Publishers.

CESCR General Comment No. 13: The Right to Education (Art. 13), Twenty-first Session of the Committee on Economic, Social and Cultural Rights, (1999), Document E/C.12/1999/10.

CESCR General Comment No. 3: The Nature of States Parties’ Obligations (Art. 2, Para. 1, of the Covenant), (1990), Fifth Session of the Committee on Economic, Social and Cultural Rights, Document E/1991/23.

Charter of Fundamental Rights of the European Union, Official Journal of the European Union, 26.10.2012, C 326/391.

Convention against Discrimination in Education. General Conference of the United Nations Educational, Scientific and Cultural Organization, (1960).

Convention on the Rights of the Child, (1989), United Nations, Treaty Series, 1577, 3.

Coomans F. (2004). Exploring the Normative Content of the Right to Education as a Human Right: Recent Approaches, Persona y Derecho, 50, 61-100.

European Convention for the Protection of Human Rights and Fundamental Freedoms, (4 November 1950), Council of Europe ETS 5.

European Social Charter (Revised) Strasbourg, (1996), Council of Europe, ETS No. 163.

Explanations Relating to the Charter of Fundamental Rights, Official Journal of the European Union, 14.12.2007, C 303/17.

Free Legal Assistance Group and Others v. Zaire, (1995), African Commission on Human and Peoples' Rights Eighteenth Ordinary Session 2-11 October 1995.Communication Nos. 25/89-47/90-56/91-100/93.

Gilchrist H. (2018). Higher Education as a Human Right, Washington University Global Studies Law Review, 17 (3), 645-767.

Global Convention on the Recognition of Qualifications concerning Higher Education, (2019), 40th Session of the General Conference of the United Nations Educational, Scientific and Cultural Organization.

Harris N. (2007). Education, Law and Diversity, London: Hart Publishing.

International Covenant on Economic, Social, and Cultural Rights, (1966), United Nations, Treaty Series, 999, 171.

Jovanović M., Vujadinović D., Etinski R.(2009). Democracy and Human Rights in the EU, Maribor/Belgrade.

Kinser K., Levy D. C. , Silas J. C. , Bernasconi A., Slantcheva-Durst S. (2010). The Global Growth of Private Higher Education: ASHE Higher Education Report, Volume 36, No. 3. San Francisco: Wiley.

Koch, I. E. (2009), Human Rights as Indivisible Rights: The Protection of Socio-Economic Demands under the European Convention on Human Rights. Leiden Boston: Martinus Nijhoff Publishers.

Kromydas T. (2017). Rethinking higher education and its relationship with social inequalities: past knowledge, present state and future potential, Palgrave Communications, 3 (1), 1-12.

McCowan T. (2012). Is there A Universal Right to Higher Education? British Journal of Educational Studies, 60 (2), 111-128.

Preparatory work on Article 2 of the Protocol to the Convention, European Court of Human Rights, (1967), CDH(67)2.

“Relating to Certain Aspects of the Laws on the use of Languages in Education in Belgium” v. Belgium, Application no. 1474/62, 1677/62; 1691/62; 1769/63; 1994/63; 2126/64, Judgement of 23 July 1968, ECHR.

Report of the Special Rapporteur on the right to education on governance and the right to education, (November 2018), Human Rights Council, A/HRC/38/32.

Report of the Special Rapporteur on the right to education, (2016), Human Rights Council A/HRC/32/37.

Report of the Special Rapporteur on the right to education, Kishore Singh Protecting the right to education against commercialization, (June 2015), Human Rights Council, A/HRC/29/30.

Report of the Special Rapporteur on the right to education, Right to education: impact of the COVID-19 crisis on the right to education; concerns, challenges and opportunities, (2020), A/HRC/44/39

Right to education: Note by the Secretary-General, (2014), United Nations General Assembly, A/69/402.

SDG 4 Data Book: Global Education Indicators, United Nations Educational, Scientific and Cultural Organization, (2019).

Tomaševski K. (2005). Has the Right to Education a Future Within the United Nations? A Behind-the-Scenes Account by the Special Rapporteur on the Right to Education 1998–2004, Human Rights Law Review, 5 (2), 205-237.

Transforming our world: the 2030 Agenda for Sustainable Development, (2015), United Nations, A/RES/70/1.

Universal Declaration of Human Rights (1948), UN General Assembly, 217 A (III).




DOI: https://doi.org/10.22190/TEME200410060D

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