(iii) the question of the justiciability of the right to education. • Increasingly, jurisprudence has supported the justiciability of the right to education. • The justiciability of the right to education is inseparable from the justiciability of other rights as all rights are interdependent. • It is fundamental to the existence and continued strengthening of the right to education that individuals have the opportunity to invoke the right to education before a judicial or quasi-judicial body. • Where the justiciability of the right to education is guaranteed in State legislation, accountability of the State for breaches of the right to education will be ensured. • States must give effect to their obligations in relation to the right to education by providing recourse to appropriate judicial, quasi-judicial and administrative mechanisms for the assertion and enforceability of the right. • The role of such mechanisms is to: o Clarify and give content to the right to education; o Interpret and apply the right in conformity with international human rights instruments and standards; o Impose appropriate sanctions and/or remedies in the event of a breach of the right; and o Explore, where necessary, innovative solutions to solidify the justiciability of the right to education. • States should review their respective constitutional, national and local laws relating to educational standards and policies to ensure that they are consistent with the right to education, and implement and/or amend laws and policies to reflect the core features of the right. • The consequences of making economic, social and cultural rights an enforceable part of a constitution are that human rights norms aimed at seeking social or distributive justice will find a degree of permanence, and access to justice will increase. • States should consider adopting the Optional Protocol to the ICESCR as this would allow the CESCR to act as a safety-net and a forum for identifying areas where states have failed to fulfil obligations. • It is necessary to educate the general public about the right to education and the remedies available and to ensure that the legal profession and the judiciary have on - going education on the developments in this field. 29

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