Learning Lessons from Litigators: Dealing with Non-Compliance
What if it becomes clear that the government or private provider of education is failing to comply with the terms of the remedial order? The implementation of remedies is key to effectively realising the right to education. Where the remedy entails complex, systemic or ongoing relief, or where there has been previous failure in compliance, monitoring its implementation is especially important. The retention of supervisory jurisdiction by the court can serve a valuable oversight function, allowing the remedial order to be recalibrated according to the progress made or in view of unforeseen challenges that arise during the implementation phase.