International instruments

General comment No. 20: Non-discrimination in economic, social and cultural rights (art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights)

On 3 July 2018, the European Parliament adopted a resolution on the violation of rights of Indigenous Peoples around the world. The Resolution 2017/2206(INI) stresses the importance of the Sustainable Development Goals (SDGs) with regards to Indigenous Peoples, including SDG 4.5 on access to education, and reiterates that Indigenous Peoples around the world suffer disproportionately from violations of human rights and insufficient access to education, among other fundamental rights.

Resolution (A/HRC/RES/38/9) of the Human Rights Council entitled ‘The right to education: follow-up to Human Rights Council resolution 8/4’.

The aim of the present general comment is to clarify the obligations of States parties regarding non-discrimination and equality as enshrined in article 5 of the Convention on the Rights of Persons with Disabilities.

The aim of the present general comment is to clarify the obligations of States parties regarding non-discrimination and equality as enshrined in article 5 of the Convention on the Rights of Persons with Disabilities.

Section K of the general comment refers to the right to education:

The joint general comment elaborates on the nature of State Party obligations that arise from Article 6 (b) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and Article 21 (2) the African Charter on the Rights and Welfare of the Child.

General recommendation No. 19 on violence against women, adopted by the Committee at its eleventh session in 1992, states that discrimination against women –as defined in article 1 of the Convention- includes gender-based violence, that is, ‘violence which is directed against a woman because she is a woman or that affects women disproportionately’, and, as such, is a violation of their human rights.

Human Rights Council Resolution A/HRC/35/L.2 on the right to education adopted on 22 June 2017 during the 35th Session.

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The Safe Schools Declaration is an inter-governmental political commitment that provides countries the opportunity to express support for protecting students, teachers, schools, and universities from attack during times of armed conflict; the importance of the continuation of education during armed conflict; and the implementation of concrete measures to deter the military use of schools.

Adopted on 26 August 2016, the Committee on the Rights of Persons with Disabilities clarifies and interprets the right to inclusive education as laid out in article 24 of the Convention on the Rights of Persons with Disabilities. 

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