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The mandate of the Special Rapporteur on the right to education was created 25 years ago, in 1998, and I became the fifth mandate holder in 2022. 

The role of the Special Rapporteur as defined by the Human Rights Council in its resolution 8/4 of June 2008 is to gather, request, receive and exchange information from all relevant sources on the realization of the human right to education; to identify progress and good practices as well as obstacles to the enjoyment of this right, including identifying both persistent and emerging challenges. On the basis of information gathered in interactions, consultations and research, to formulate recommendations on appropriate measures required to respect, promote and protect the right to education for everyone on a basis of equality and without discrimination. As all other special procedures, the education mandate integrates a gender perspective and looks at the issue from the perspective of the most marginalized and vulnerable. A gender perspective comes naturally to me as in my personal capacity I am the Executive Director of Pakistan’s leading gender justice organization, Shirkat Gah–Women’s Resource Centre. 

Like most special rapporteurs, I write two annual thematic reports, and present one to the Human Rights Council and the other to the Third Committee of the UN General Assembly. A second process is country visits at the invitation of states which provide important insights and new learning. Finally, special rapporteurs receive information that may lead to communications on specific issues. 

Part of my task is to consider the interdependence and interrelatedness of the right to education with other human rights. Indeed, the right to education provides a perfect example of such interconnections as it is an enabling right which underpins or opens the pathway to the realization of a wide range of other human rights such as the right to work, to participate in cultural life, to health, to information and expression, to name just a few. Individuals and groups who are unable to enjoy the right to quality education and lifelong learning, have less opportunities for social mobility are thus less likely to be able to transition out of poverty and often.

Globally, we must appreciate the substantial progress made in increasing basic levels of education. Today, 87 percent of the world’s population has at least some form of basic education compared to 63 percent 40 years ago; and nine out of ten adults are considered to be literate.

In terms of the human right to education I think an important achievement is moving from ‘an equal right to education’ perspective to the right to equitable and inclusive education, meaning that learners should receive the support they require to succeed, and to learn in a learner-centric and supportive environment. Additionally, a widening consensus has been achieved on the right to education as an empowering right to life-long learning for all, as well as the vitality of learning spaces as crucial platforms not only for learning, but also for the overall well-being and development of children, their families and communities.

There are also several other key achievements that merit mentioning:

• Universal primary education has significantly improved across the world. The impetus of first the Millennium Development Goals and now the Sustainable Development Goals and targets have helped to increase enrollment rates in primary schools worldwide.
• Gender disparities have narrowed, and more girls are getting educated at higher levels today than ever before. The primary school completion rate has reached 90% for girls, with gender parity achieved in most countries.
• There is widening acknowledgement of the need to make education inclusive by accommodating diverse learning needs and styles and efforts are underway – albeit still far from sufficient – to ensure that children with disabilities or special needs have equal access to quality education. In parallel, initiatives in some educational systems are promoting an appreciation for the value of diversity, although this too, is far from robust enough. 
• Global Partnerships, bringing together governments, non-governmental organizations, and international agencies, including UNESCO, have been instrumental in advancing the right to education, with initiatives such as the Global Partnership for Education working to strengthen education systems and improve access to quality education.
• The use of technological advances in education has expanded access to learning resources and educational opportunities, especially in remote or underserved areas, and a sharing of ideas and learning across locations.
• There is a growing understanding of the need to embed sustainable development values and understanding of issues, challenges and possible solutions in educational processes, and efforts are being made to incorporate sustainable development principles into educational curricula to prepare students for the challenges of the future.
• The vitality of providing continued education in conflict, post-conflict and emergency situations is gaining recognition. Organizations like UNICEF, UNESCO and alliances like Education in Emergencies are working to ensure that children affected by crises have access to education, which is crucial for their continued development as well as recovery that expands future prospects.

Unfortunately, despite the significant achievements that must be acknowledged and appreciated, there are equally significant challenges to ensuring high-quality education that is inclusive of all without discrimination and responsive to the specific needs of particular learners. Many educational systems are not adequately equipped to accommodate diverse learning needs, leading to exclusion and discrimination. The result is serious disparities in access to education as well as in the quality of available education due to reasons such as insufficient resources allocated for education of course, but also the impact of conflicts, pandemics and other emergencies, how education is structured and assessed, and the growing use of and reliance on digital technology. 

Conflicts, pandemics and other crises that massively disrupt the education system exacerbate existing educational inequalities.

Just in terms of access, for example, UNESCO estimates that across the world, some 250 million children and youth remained out of school in 2023. The exclusion from quality education closes off many potential avenues for self-realization and deprives the world of many peoples’ creative and valuable resources. Disparate access can be based on factors such as gender, socio-economic status, geographical location, ethnicity, race, religion, living with disabilities including neuro-divergent learning needs, to name but a few. Children, youth and others in marginalized or disadvantaged groups often face barriers to entry and retention in educational institutions. In low-income countries, regions and neighborhoods, many students are obliged to attend schools that have inadequate infrastructure, outdated teaching materials, and poorly trained teachers. 

Many countries, particularly those with limited resources, struggle to allocate sufficient funds to their public education systems which can be adversely impacted by austerity measures. Insufficient funding automatically affects the quality of education as it results in poor infrastructure, learning materials and equipment, inadequate salaries as well as limited-to-no opportunities for professional development of teachers. In turn, poor conditions of work will exacerbate the global teacher shortage and UNESCO estimates that at least 44 million additional teachers need to be recruited globally to meet universal primary and secondary education in 2030. In our rapidly changing world, people need continuing opportunities for lifelong learning which of course should start with early childhood care and education. It is therefore crucial that governments prioritize and invest in all aspects of education and also ensure that the governance system for education meshes seamlessly with a general governance system that is responsive to the needs of all people in all aspects of life. 

With regards investment, there is a need to consider the role of private sector education providers and ensure that this is not used as an excuse for the state to withdraw from their prime obligation to establish a public education system available for all; and that standards are outlined that all private sector providers must adhere to in accordance with the right to quality education. 

Then there are challenges related to rapidly evolving technology, in particular digital technology. Technology has the potential to enhance education by providing access to digital resources and tools, distance teaching for remote areas and the continuity of education when this is disrupted by crises such as the COVID-19 pandemic. However, there are important global, gender and other digital divides. Inadequate infrastructure, the lack of uninterrupted electricity and internet connectivity, and a shortage of devices particularly in remote and underserved areas, means that the integration of technology in education may exacerbate disparities rather than overcome them. It is also crucial to safeguard against the negative use of technology in education such as the invasion of privacy and data mining of students and children. The introduction of digital technologies may lead to an inadvertent privatization of public education systems which can lead to growing inequalities. In terms of the potential dangers of digitalization, UNESCO’s report An Ed-Tech Tragedy? is an eye-opener and should be a key reference point in going forward.   

As I stressed in my very first report, the human right to education is a right to learn: learning to know, to do, to live together and to be, to recall the words of the Delors Commission. It is a right to life-long learning and to free quality education, regardless of circumstances, location or other identities. 

Therefore, to me, the evolving right to education means considering how the right to lifelong learning for everyone without discrimination and on a basis of equality can best be respected, protected and promoted in changing circumstances. This demands understanding the implications of evolving situations identifying emerging challenges without losing sight of persisting challenges. We need to consider what the four A’s principles elaborated by the first mandate holder mean in today’s context and possible future scenarios – the four A’s being making education available, accessible, acceptable and adaptable. Adaptability, of course, necessitates a continuous system-wide and ever-evolving assessment of education systems: the content of education, that is, what we teach including values; pedagogy or how we teach; evaluation/assessment systems used, that is, what we assign value to and how. We need to consider whether the what’s and how’s are responsive to the diversity of all learners and changing circumstances, and we need to ensure both what’s and how’s are embedded in human rights. Moreover, like UNESCO I think it appropriate to add a fifth A: that of accountability to the four As framework. I think this would help us concretise the further development of and enjoyment of the right to education.

We need to reflect on whether the dominant system and structures of education developed a few centuries ago still make sense today, what needs to change, and how the mainstreamed education could benefit from other knowledge systems. How best to ensure that the structures, content, pedagogy, and assessments at all levels of education respond to changing needs and students’ dissimilar sociocultural backgrounds as well as future aspirations. Education must be flexible enough to adapt to migration and refugee flows, new conflicts, environmental disasters and climate change, as well as crises such as the COVID-19 pandemic. Adaptation means developing multiple talents and literacies – digital, scientific, textual, ecological and mathematical – enabling individuals to enhance their agency in face of, for instance, the rapid spread of mis- and disinformation and nurture critical thinking that enhances the ability to identify true from false information as well as meeting new challenges. It is critical therefore to ensure the right of teachers, meaning all educators, to continuous professional development, as well as to access to information, including digital resources, is a guarantee of adaptability of education.

From the international human rights law perspective, the evolving right to education entails the interpretation and further development of relevant treaty provisions by the respective treaty bodies, international jurisprudence and soft law instruments. For instance, the Abidjan Principles on the human rights obligations of States to provide public education and to regulate private involvement in education is an example of the right to education evolving through soft law instruments. The Principles are based on the existing norms of binding international law and provide further guidance on how best to prioritize public education and to limit undue influence of private actors. There has also been considerable discussion around how best to ground the right to early childhood care and education.

Finally, I think an excellent basis for the evolving right to education is the landmark report of the International Commission on the Futures of Education, supported by UNESCO. This calls for a new social contract for education firmly grounded in two foundational principles: An expanded vision of the right to education throughout life, and a commitment to education as a public societal endeavor and a common good.

I am new in this role, but it is always inspiring to see how the enjoyment of the right to education helps people transition out of poverty cycles, overcome exclusions, break through stereotypes and overcome discrimination. This can be breaking gender stereotypes in education so girls choose field and women choose professions traditionally dominated by men; hearing school kids testifying to having received life-changing support from a teacher, a mentor, or their peers; or learning that even young children have contributed to shaping the educational curricula. 

It is inspiring to see reaffirmations of governments fully committed to improving the situation on the ground, supporting individual learning needs, proactively reaching out to include those left further behind first. Such success stories highlight the importance of targeted policies, international collaboration, community involvement, participation of all concerned actors and a holistic approach to education.

It is also encouraging to see the growing international recognition of the diverse facets of the human right to education.

Sadly, there are many terrible violations of international law that deprive children of their future, their potential, and their possible contribution to the world. I would not speak of the worst violation because the violation of anyone’s right to education or any other human right is a violation that must be condemned and actions taken to ensure justice and redress, and to rectify the situation to prevent repetitions. Exclusion, assimilation, segregation, discrimination, poor quality, ill-treatment and lack of safety are all examples of violations. I particularly deplore the gender apartheid and persecution, and the de jure denial of the fundamental right to education for girls and women in Afghanistan, which we should consider as a crime against humanity. The bombing of schools as well as the appropriation of school buildings for military use are other examples of unacceptable violations of the human right to education. 

My mandate receives numerous communications concerning violations of various aspects of the right to education from across the world, not just in terms of education in emergency or conflicts, but also regarding restricting academic freedoms of teachers and students alike, or for example, denying comprehensive sexuality education, or education for learners with special learning needs. There are issues relating to the interplay between freedom of religion and compulsory education, the privatization of public education, safe educational facilities, education for refugees, among many others. 

The incredible resistance, ingenuity and commitment of individual people as individuals and collectively to help each other across boundaries to ensure education and other human rights for all even in the most adverse circumstances. These real-life stories showcase our common humanity and give us reason to hope even in difficult times.