Safeguarding education beyond borders

Abstract

The human right to education has been commonly regarded as a domestic matter of states. In this context, the present thesis proposes to focus on the question whether states have the obligation to realise the right to education beyond their territorial borders. More precisely, it explores whether, and if so, under which conditions, states can be held accountable for violations and denials of the right to education beyond their borders under the current international human rights law. To this aim the international and regional legal framework protecting the right to education are scrutinized with focus on the substance of the right, the corresponding states’ obligations and the available remedies to rights – holders. Also, the extraterritorial obligations of states to respect, to protect and to fulfil the right to education are assessed in the light of the clarifications brought by the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights and by academics’ interpretations. For a better illustration, a case – study is conducted exploring the obligations of states and the extent of their responsibility in realising the right to education in Transdniestria. The thesis’ findings indicate that states’ obligations to respect and to protect the right to education extraterritorially are clearer, better defined and can be claimed against the duty – bearers in case of violations. However, it cannot be concluded that the extraterritorial obligation to fulfil the right to education entails a legally binding obligation for states to provide the right to education in foreign territories. Hence, it is the task of the courts and human rights treaty bodies to clearly articulate in individual cases the scope and legal nature of extraterritorial obligations of states in relation to the right to education.