Photo: Toni Pires

Legal frameworks and justiciability

CLADE also promotes initiatives around the justiciability of the human right to education and to make people aware that States must remedy human rights violations, and citizens must own instruments and justiciability practices, for the consolidation of democracies and the realization of rights. These actions mean the possibility of reporting or using any other legal mechanism in court, in the face of violations of rights.

Thus, CLADE has promoted, in partnership with other organizations, justiciability processes in different national contexts and has been involved in the reviews of the international commitments adopted by States, such as the UN Universal Periodical Review, encouraging and supporting national members to use these advocacy spaces and instruments to defend the human right to education.

At regional and international level, CLADE has held conversations with human rights committees and rapporteurs, and has published, in partnership with Centro por la Justicia y el Derecho Internacional (CEJIL) [Centre for Justice and International Law], a book that compiles the main decisions about the right to education in regional and international courts for the protection of human rights. Besides, some training seminars have been held with CLADE members about this issue.

It is worth mentioning that legal enforceability is subject to the existence of legislation that guarantees rights. Given this need, CLADE is also promoting the Mixed Network of Parliamentarians and Civil Society for the Right to Education in Latin America and the Caribbean, a cross-party but nonpartisan group to debate about legislation and to strengthen coordination among parliamentarians and civil society, in national and regional contexts, for the defense of public, free, secular education for all, as a fundamental human right. The purpose is to promote the implementation of legal frameworks to promote the human right to education and to ensure the right to participation of civil society and, particularly, of members of the education community, in regulatory frameworks as well as in legislative and budget debates.