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
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