The UNESCO Chair program was established in 1992 to promote higher education research, training, and program creation. There are currently 644 UNESCO chairs and 770 participating institutions spread over 126 countries. In 2010, Professor Ann Skelton was appointed as the Chair of the UNESCO Chair Education Law in Africa at the University of Pretoria. The chair's duties include conducting and advancing research in the field of education law in South Africa and throughout Africa, encouraging high-quality academic instruction and professional development in the field, actively leading the field academically at the national and international levels, overseeing academic, operational, and strategic functions, and planning fundraising events for the chair's related activities.

The constitutional legal framework, governance structures, and socioeconomic and political elements—such as respect for the rule of law, the independence of the judiciary, the separation of powers, the strength of public interest law resources, and the strength of civil society and social mobilization—will all be examined in order to determine whether the right to education is justiciable.​