offered as to the scope of those rights in the relevant General Comments by the CESCR.185
For these objectives to be fulfilled, an independent judiciary is essential.186
Questions relating to institutional mechanisms and judicial/quasi-judicial systems for
enforcing the right to education need to be addressed in a broader perspective.187 Promoting
research and studies on constitutional law and the right to education as well as the exchange
of practical examples and experience are of prime importance.188 Experience and knowledge
at the regional level regarding the justiciability of the right to education is also important.189
Moreover, possibilities mutually to reinforce the institutional mechanisms existing at both the
regional and the international levels must be examined.190 The role of tribunals and human
rights institutions must also be considered. These bodies are important in enforcing the right
to education as they examine breaches of the right and apply political and legal pressure to the
authorities and institutions responsible for enforcing it.191
Several major recommendations have been put forward by various workshops and symposia
on ways to increase the justiciability of economic, social and cultural rights which are also
relevant to the right to education. These include:
•
that the judiciary interpret domestic law in conformity with international human rights
instruments;192
185
United Nations Workshop for Judges on the Justiciability of Economic, Social and Cultural Rights
in South Asia, New Delhi, Opening Address by Ms Mary Robinson High Commissioner for Human
Rights, 17 November 2001 http://www.unhchr.ch/huricane/huricane.nsf/view01/5962093D418A5BCF
C1256B74003E0080?opendocument (last accessed 24 March 2007) at 3.
186
United Nations Workshop for Judges on the Justiciability of Economic, Social and Cultural Rights
in South Asia, New Delhi, Statement of Conclusions, 17 - 18 November 2001 http://www.unhchr.ch/hu
ricane/huricane.nsf/(Symbol)/OHCHR.STM.01.77.En?OpenDocument (last accessed 24 March 2007)
at 2. Draft Conclusions and Recommendations of the Colloquium and Workshop for Judges and
Lawyers on the Justiciability of Economic Social and Cultural Rights in the Pacific Region, Suva, Fiji,
1 – 3 June 2006 http://www.interights.org/page.php?dir=News#Pacificcolloquium%20headline
(last
accessed 26 March 2007) at para 8.
187
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 18.
188
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 18.
189
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 20.
190
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 20.
191
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 20.
192
United Nations Workshop for Judges on the Justiciability of Economic, Social and Cultural Rights
in South Asia, New Delhi, Statement of Conclusions, 17 - 18 November 2001
http://www.unhchr.ch/huricane/huricane.nsf/(Symbol)/OHCHR.STM.01.77.En?OpenDocument (last
accessed 24 March 2007) at para 13. Draft Conclusions and Recommendations of the Colloquium and
Workshop for Judges and Lawyers on the Justiciability of Economic Social and Cultural Rights in the
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