Plan of Action
•
Where a State has not been able to provide the full range of educational entitlements, it
must develop and implement a detailed Plan of Action for the progressive implementation
of these entitlements.
•
States should prioritise the introduction of compulsory and free primary education for all.
The Plan of Action should, however, also include a commitment to the progressive
realisation of free and compulsory secondary education.
(v)
the nature and scope of the obligation of the State to use the maximum of its
available resources.
•
Each State must take steps, to the maximum of its available resources, with a view to
achieving progressively the full realisation of the rights to education.
•
States are not obliged to allocate all of their resources to education.
•
Regardless of the level of economic development, including in times of extreme resource
constraints, States still have an obligation to protect the right to education.
•
Where available resources are insufficient to fulfil the State’s obligations, the State must
seek international cooperation and assistance.
(vi)
The nature and scope of the obligation to ensure non-discrimination and
equality of opportunity in access to education, including access to education for
non-nationals, refugees, internally displaced persons, people living with
disabilities and other minorities.
•
International law requires States to provide education in an inclusive and nondiscriminatory manner and to give legal effect to and enforce the right to be free from
discrimination.
•
Guarantees of non-discrimination and equality mandate both formal and substantive
equality.
•
Affirmative action may be necessary in order to diminish or eliminate conditions which
cause or help to perpetuate prohibited discrimination.
•
States are required to provide appropriate education to internally displaced children and
child refugees.
•
States are required to meet the needs of children with disabilities.
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