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Protecting Education in the Middle East and North Africa Region

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Protecting Education in the Middle East and North Africa Region PROTECTING EDUCATION IN THE MIDDLE EAST AND NORTH AFRICA REGION Report June 2016 Contents Foreword ........................................................................................................................... 9 Acronyms......................................................................................................................... 10 1. INTRODUCTION ........................................................................................................... 12 1.1. Key Terms and Preliminary Issues ..................................................................... 12 1.1.1. MENA Region ................................................................................................ 12 1.1.2. Insecurity ........................................................................................................ 13 1.1.3. Armed Conflict .............................................................................................. 13 1.1.4. State of Emergency....................................................................................... 14 1.1.5. Protection of Education in Insecurity and Armed Conflict ....................... 14 The Protection of Education ................................................................................................... 15 The Protection of Students and Education Staff ................................................................... 15 The Protection of Educational Facilities ................................................................................ 16 Education-related Violations .................................................................................................. 16 Remedies and Reparations .................................................................................................... 17 1.1.6. International Legal Framework .................................................................. 17 1.1.7. Arabic Terminology for Education ............................................................. 18 1.2. Scope and Methodology of the Study ............................................................... 19 1.2.1. Case Study Approach .................................................................................. 20 1.2.2. Thematic Approach ............................................................................................ 22 1.2.3. Sources ................................................................................................................ 22 1.3. Structure of the Study .......................................................................................... 23 2. MENA: A REGIONAL OVERVIEW ................................................................................. 24 2.1. Education in Insecurity and Armed Conflict in the MENA Region ................. 25 2.2. Regional and Islamic Legal Framework ........................................................... 26 2.2.1. LAS Instruments ............................................................................................ 26 Arab Charter on Human Rights ............................................................................................ 26 Other LAS Instruments ............................................................................................................ 28 2.2.2. OIC Instruments ........................................................................................... 28 Covenant on the Rights of the Child in Islam ...................................................................... 29 2.2.3. LAS and OIC Remedy and Supervisory Mechanisms .............................. 31 2.2.4. African Union Instruments ........................................................................... 32 African Charter on Human and Peoples’ Rights ................................................................. 32 African Charter on the Rights and Welfare of the Child .................................................... 33 2 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women .................................................................................................................................................. 35 African Youth Charter ............................................................................................................. 35 Convention for the Protection and Assistance of Internally Displaced Persons in Africa36 2.2.5. African Remedy and Supervisory Mechanisms ......................................... 36 African Commission of Human Rights ................................................................................. 36 African Committee of Experts on the Rights and Welfare of the Child ............................ 38 3. DOMESTIC IMPLEMENTATION OF INTERNATIONAL OBLIGATIONS .................. 39 3.1. EGYPT .......................................................................................................................... 40 3.1.1. Introduction ......................................................................................................... 40 Insecurity Context .................................................................................................................... 41 Armed Conflict in the Sinai .................................................................................................... 41 Non-State Armed Groups Operating in Egypt .................................................................... 42 3.1.2. Egypt and International Law Protecting Education ........................................ 43 International Human Rights Obligations ............................................................................. 44 International Humanitarian Law Obligations ...................................................................... 47 Applicable International Remedy and Monitoring Mechanisms........................................ 48 3.1.3. The Protection of Education within the Domestic Legal System ................... 50 Introduction to the Egyptian Legal System ........................................................................... 50 Protection of the Right to Education in Egyptian Law ......................................................... 50 The State’s Obligation to Provide a School System ........................................................ 51 Aims, Objectives and Content of Education .................................................................... 52 The Right to Primary Education ......................................................................................... 54 The Right to Secondary, Technical and Vocational Education ...................................... 56 The Right to Higher Education ........................................................................................... 59 The Right to Basic Education .............................................................................................. 59 The Right to Non-Discrimination in Education ................................................................ 60 Specific Obstacles to Inclusive Education ......................................................................... 61 Obstacles Specific to Refugees ...................................................................................... 61 Obstacles Specific to Stateless Persons ........................................................................ 63 Protection of Students and Education Staff .......................................................................... 64 The Protection of Life of Students and Education Staff ................................................... 64 Preventing and Punishing Arbitrary or Unlawful Killing ............................................. 66 The Protection of Liberty and Security of Students and Education Staff ....................... 68 Protection of Students and Education Staff from Torture or Cruel, Inhuman or Degrading Treatment or Punishment ............................................................................... 72 3 Sexual and Gender-based Violence ............................................................................. 74 Specific Protection of Children as Students ...................................................................... 75 Violence against Children .............................................................................................. 76 Involvement of Children in Armed Conflict ................................................................. 76 Early and Forced Marriage ............................................................................................ 78 Child Labour .................................................................................................................... 79 Protection of Educational Facilities........................................................................................ 81 The Right to Property........................................................................................................... 81 Protection from Direct Attacks ........................................................................................... 81 Remedies and Mechanisms ................................................................................................... 84 Human Rights Remedies and Mechanisms ...................................................................... 84 Domestic Human Rights Mechanisms .......................................................................... 84 Judicial Review of Administrative Decisions ................................................................. 86 State Security
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