interpretation and application of international standards that apply to the right to education. As a result, the scope of state obligations stemming from the right to education are progressively being interpreted, clarified and affirmed by judicial and quasi-judicial processes. The longer countries have legally guaranteed the right, the more jurisprudence can be found in that country.109 It has been established that the justiciability of the right to education is inseparable from the justiciability of other rights.110 This has been demonstrated in some jurisdictions where the right to education has been forged from other rights such as the right to life.111 The adoption of a rigid classification of civil and political rights as enforceable and economic, social and cultural rights as unenforceable, is arbitrary and incompatible with the principle that all human rights are indivisible and interdependent.112 States have a duty to implement their treaty obligations into their domestic legal system, and to enforce the right to education effectively.113 This duty is part of the three-fold obligation to respect, protect and fulfil.114 However, states have tended to place less importance on the need to enforce so-called positive economic, social and cultural rights than the need to enforce so-called negative civil and political rights. In relation to civil and political rights, governments generally agree that judicial remedies for violations are essential. However, in relation to economic, social and political rights, the opposite is presumed. This perception is not justified by the nature of the rights. The CESCR states that parties to the ICESCR must: “take steps”; use the maximum of available resources to realise economic, social and cultural Rapporteur on the Right to Education, E/CN.4/2005/50, 17 December 2004, http://daccessdds.un.org/d oc/UNDOC/GEN/G04/171/40/PDF/G0417140.pdf?OpenElement (last accessed 27 March 2007), paras 51 - 59 points to increasing case law. 109 Katarina Tomasevski “Has the Right to Education a Future within the United Nations? A Behindthe-Scenes Account by the Special Rapporteur on the Right to Education” (2005) 5 Hum Rts L Rev 205, 231. 110 UNESCO Bangkok, Asia Pacific Forum of National Human Rights Institutions http://www.unescobkk.org/index.php?id=5089 (last accessed 1 April 2007). United Nations Workshop for Judges on the Justiciability of Economic, Social and Cultural Rights in South Asia, New Delhi 17 – 18 November 2001, Statement of Conclusions, http://www.unhchr.ch/huricane/huricane.nsf/(Symbol)/ OHCHR.STM.01.77.En?OpenDocument (last accessed 25 March 2007) at para 10. 111 Unni Krishnan JP v State of Andhra Pradesh (1993) 1 SCC 645, at para 183, page 738 and Mohini Jain v State of Karnatak (1992) Supreme Court Cases 666. 112 UNESCO CESCR General Comment no. 9 The domestic application of the Covenant, 19th session, 3 December 1998 E/C.12/1998/24 http://www.hri.ca/forthereCord1998/documentation/tbodies/e-c121998-24.htm (last accessed 27 March 2007) at para 10. 113 UNESCO(CR)/ECOSOC(CESCR) Joint Expert Group on the Monitoring of the Right to Education Justiciability of the Right to Education 175 EX/28 12-13 May 2006, at para 1. 114 CESCR General Comment 13 Right to Education (Art 13 of the Covenant), 21st session, E/C.12/1999/10, 2 December 1999 http://www.unhchr.ch/tbs/doc.nsf/(symbol)/E.C.12.1999.10.En?Op enDocument (last accessed 27 March 2007) at para 1. 65