ANNEX I. >> M  etadata sheets on selected indicators Indicator 3 Date of entry into force and coverage of the right to education in the constitution or other form of superior law [e.g., table on the right to education] Definition  The indicator refers to the date on which provisions of the constitution or other superior laws relating to the right to education became enforceable. The indicator also captures their geographic or population coverage, such as in countries where there is a division of legal competencies between the national Government and the subnational or local governments. “Constitution or other form of superior law” refers to the system of fundamental laws that prescribes the functions and limits of government action and against which other supportive legislation is assessed for its validity. The reference to the “right to education” follows primarily the formulation used in article 26 of the Universal Declaration of Human Rights, article 13 of the International Covenant on Economic, Social and Cultural Rights and its elaboration in general comment No. 13 (1999) of the Committee on Economic, Social and Cultural Rights. The right to education is also developed in other core international human rights treaties, such as in articles 23, 28 and 29 of the Convention on the Rights of the Child. Rationale  Inclusion of the right to education in the constitution or other form of superior law reflects a certain acceptance of this right by a State and gives an indication, notably at the national level, of a State’s commitment to protecting and implementing this right. When the State has enshrined a right in its constitution or other form of superior law, it also assumes a legal obligation to ensure that other legislation (national and subnational) is in conformity with and not contradictory to the right. The indicator is a structural indicator that captures the “commitment” of a State to implementing its human rights obligations in respect of the right to education. Method of computation  The indicator is computed separately for the date of entry into force and the coverage or administrative scope of the law. The date of entry into force is the date on which the law or provision became enforceable. Coverage is computed as a proportion of subnational administrative units or population covered under the law. Information on the date of entry into force should be provided with a direct and accurate link to the relevant provisions. Data collection and source  The main source of data on the indicator is the State’s legal records. Periodicity  The indicator data can be normally reviewed and accessed continually. Disaggregation  Disaggregation of information is not applicable to this indicator, however provisions under the constitution or other superior law may refer particularly to the protection of the right to education for certain groups (e.g., minorities, indigenous people, children with disabilities, migrants or girls), in which case it may be desirable to highlight it. Comments and limitations  This indicator provides information on the extent to which a State protects the right to education in its constitution or superior laws, demonstrating its acceptance of international human rights standards and its intention or commitment to legally protect this right. It does not, however, capture the extent to which this legal protection is implemented and upheld at other levels of the legal system, nor how broadly or narrowly the right is applied, or the degree to which it can be enforced and by whom. This indicator does not capture actual implementation or its results. This indicator could be difficult to assess if the right to education is not explicitly articulated in the constitution or superior laws. Moreover, provision for the right to education in the constitution does not necessarily mean that the right is being protected by law (for example, further judicial interpretations may have rendered the constitutional protection meaningless). Likewise, a lack of 144 Human Rights Indicators

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