Maastricht Guidelines The Maastricht Guidelines provide that the obligation to protect includes the State’s responsibility to ensure that private entities or individuals, including transnational corporations over which they exercise jurisdiction, do not deprive individuals of their economic, social and cultural rights, including the right to education.474 States are responsible for violations of the right to education that result from their failure to exercise due diligence in controlling the behaviour of such non-State actors.475 Accordingly, the obligation to protect requires States to put in place laws and mechanisms to ensure that no one within the reach of that State’s jurisdiction violates the right to education. The Maastricht Guidelines point out that violations of the right to education can occur through the direct action of States or other entities insufficiently regulated by States, as well as through the omission or failure of States to take necessary measures stemming from legal obligations.476 Examples of contributions that non-State actors could make towards the realisation of the right to education are: • educational programmes and institutions must not adopt measures and regulations which are inconsistent with the right to education; • communities should not promote ideas that actively deny the right of children with disabilities to their right to education; and • activities undertaken by the media should not undermine the aims of education. When examining the reports of States, the CESCR will consider the effects of the assistance provided by both State and non-State actors on the ability of States to meet their obligations relating to the right to education.477 473 See Report of the Special Rapporteur on the right to education E/CN.4/2003/9 21 January 2003 at para 32. 474 Maastricht Guidelines at para 18. 475 Maastricht Guidelines at para 18. 476 Maastricht Guidelines at paras 14 and 15. 477 CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 60. 147