The CESCR has confirmed that the right to education, like all human rights, encompasses these levels of State obligation.46 The Committee stated that “States have obligations to respect, protect and fulfil each of the ‘essential features’ (availability, accessibility, acceptability, adaptability) of the right to education.”47 In addition, each of the obligations incorporates obligations of both conduct and result.48 The obligation of conduct requires action reasonably calculated to realise the enjoyment of the right to education. The obligation of result requires States to achieve specific targets to satisfy a detailed substantive standard. The obligation to respect The obligation to respect requires States, at a minimum, to refrain from interfering with the enjoyment of economic, social and cultural rights.49 Thus, States must avoid taking measures that hinder or prevent the enjoyment of the right to education.50 This requires States to recognise freedoms linked to the full enjoyment of the right to education. For example, a State must respect the availability of education by not closing private schools.51 The obligation to respect includes the following measures on the part of States:52 • States have an obligation to remove or amend statutory provisions and correct administrative practices that involve discrimination in education. states that “[l]ike civil and political rights, economic, social and cultural rights impose three different types of obligations on States: the obligations to respect, protect and fulfil. Failure to perform any one of these three obligations constitutes a violation of such rights.” The obligations to respect, protect and fulfil have been referred to consistently by the UN in the context of social, economic and cultural rights since 1999. The first reference by the CESCR to the tripartite framework was made in CESCR General Comment No. 12: The right to adequate food E/C.12/1999/5 12 May 1999 at para 15. The UN special rapporteurs with mandates on economic, social and cultural rights now use this typology consistently. 46 CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 46. 47 See CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 50. 48 Maastricht Guidelines at para 7. 49 Maastricht Guidelines at para 6. 50 CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 47. 51 CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 50. 52 These obligations reflect those in article 3 of the CADE, which sets out the obligations of State parties in order to eliminate and prevent discrimination in education. 45

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