International Legal Instruments

Among the key soft law instruments related to the right to education, the Incheon Declaration and the Framework for Action for the Implementation of Sustainable Development Goal 4 set an ambitious and universal policy agenda to “ensure inclusive and equitable quality education and promote lifelong learning opportunities for all” by 2030. This political commitment provides a valuable opportunity to highlight the role of education as a key driver of development and its contribution to the achievement of other Sustainable Development Goals. Monitoring mechanisms also differ in terms of the degree of individual access to abuse detection and redress. According to certain conventions or recommendations – for example: the European Convention on Human Rights – individuals or States may, under certain conditions, bring individual cases before a fully-fledged tribunal at international level. Sometimes, because of universal jurisdiction, this can be done before national courts. Most Conventions and Recommendations (with the exception of a few declarations) establish mechanisms and monitoring bodies to monitor their implementation. In some cases, these bodies may have relatively little political authority or legal means and may be ignored by Member States; In other cases, these mechanisms have bodies with great political authority and their decisions are almost always implemented. The European Court of Human Rights is a good example. – Decisions: OECD legal instruments that are legally binding on all members, except those that abstained at the time of voting. Although they are not international treaties, they come with the same type of legal obligations.

Supporters are required to implement the decisions and take the necessary measures to implement them. – Declarations: OECD legal instruments that are developed within the organisation, usually within a subsidiary body, and which are not legally binding. They usually set general principles or long-term objectives, are solemn in nature and are usually adopted at ministerial meetings of the Council or committees of the Organization. – Agreement, Memorandum of Understanding and others: Several ad hoc substantive legal instruments have been developed over time within the OECD, such as the Agreement on Officially Supported Export Credits, the International Memorandum on Maritime Principles and the recommendations of the Development Assistance Committee (DAC). International human rights instruments are treaties and other international instruments that serve as the legal basis for international human rights law and the protection of human rights in general. [1] There are many types, but most can be divided into two broad categories: declarations adopted by bodies such as the United Nations General Assembly, which are declaratory in nature, i.e. not legally binding, although they can be politically authoritative and highly respected,[2] and often express guiding principles; And conventions, which are multi-party treaties designed to become legally binding, usually contain normative and very specific language and are usually concluded after a lengthy process that often requires ratification by the state legislature. Less well known are some “recommendations” that resemble conventions in that they are agreed multilaterally but cannot be ratified and serve to establish common standards. [3] There may also be administrative directives agreed multilaterally by States, as well as the statutes of courts or other institutions. A particular rule or principle deriving from one of these various international instruments may, over time, acquire the status of customary international law, whether or not it is expressly accepted by a State, simply because it is generally recognized and respected for a sufficiently long period of time. Through a rights-based approach, the Agenda captures the multidimensional nature of the right to education. Although it is not legally binding on Member States, it calls for a comprehensive and holistic approach to education, including the adoption of legislative and policy measures to effectively implement Agenda 4 – Education 2030.

Therefore, States` existing legal obligations regarding the right to education provide a solid basis and guidance for the achievement of SDG 4. Since 1963, the international community has developed 19 international legal instruments to prevent terrorist acts. These instruments were developed under the auspices of the United Nations and the International Atomic Energy Agency (IAEA) and are open to participation by all Member States. A number of international human rights treaties and other instruments adopted since 1945 have given legal form to inherent human rights and developed the corpus of international human rights.