There is no reason in principle why courts should not be able to analyse the funding allocation for education and decide whether the allocations respect the right to education.175 This approach is seen in the Philippines case of Guingona Fr v Carague G.R No 94571, 22 April 1991, where the Supreme Court was prepared to review budgetary allocations for education. In South Africa, this issue has been dealt with by applying the standard of reasonableness to problems of enforceability of positive obligations.176 The courts have a primary role in protecting human rights including economic, social and cultural rights and to deny the courts the opportunity to fulfil this role, would, in our view, be harmful to the rule of law. Several other barriers to the justiciability of the right to education were highlighted in the Workshop for Judges on the Justiciability of Economic, Social and Cultural Rights in New Delhi in 2001.177 It was concluded that the justiciability of economic, social and cultural rights is inextricably linked to questions of enforcement and the existence of adequate remedies.178 Other issues discussed at the workshop which have a negative impact on the justiciability of economic, social and cultural rights are: • the courts’ reluctance to encroach on policy and resource allocation matters as discussed above; • the inability of a large number of persons in society to access justice; • the lack of awareness about international human rights standards; • the lack of understanding of the nature of the legal and policy implications of international commitments; • the absence of awareness of state officials in the implementation of international commitments; • inadequate follow-up to public commitments made in international forums; and ant, 19th session, 3 December1998 E/C.12/1998/24 http://www.hri.ca/forthereCord1998/documentation /tbodies/e-c12-1998-24.htm (last accessed 27 March 2007) at para 10. 175 United Nations High Commissioner for Human Rights (OHCHR) Statement by Ms Louise Arbour, High Commissioner for Human Rights to the 3rd session of the Open Ended WG OP IESCR 6 February 2006 available at http://www.unhchr.ch/huricane/huricane.nsf/0/B662E58D469FACE2C1257111003E 5BC1?opendocument (last accessed 12 March 2007). 176 Justice Arthur Chaskalson, (former Chief Justice) Constitutional Court of South Africa, Judicial Enforcement of Socio - Economic Rights: the South African Experience http://www.interights.org/page .php?dir=icl&page=fijidoclis.php (last accessed 26 March 2007) at 11 – 12. 177 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/hu ricane/huricane.nsf/(Symbol)/OHCHR.STM.01.77.En?OpenDocument (last accessed 25 March 2007) at para 10. 178 United Nations “Workshop for Judges on the Justiciability of Economic, Social and cultural Rights in South Asia – Statement of Conclusions” (18 November 2001) Press Release at para 7. 76