A/70/342
73. The key importance of skills development is recognized in goal 4.4. of the
proposed sustainable development goals: “By 2030, substantially increase the
number of youth and adults who have relevant skills, including technical and
vocational skills, for employment, decent jobs and entrepreneurship”. 18 The Special
Rapporteur trusts that Governments in developing countries will be able to develop
innovative modalities of public-private partnerships, harnessed for skills
development, to respond to the imperatives of quality and the rising aspirations o f
young people.
V. International legal framework for the right to education,
State obligations and public-private partnerships
74. Any modality or arrangement for public-private partnerships should always be
driven by a human rights approach, giving paramount importance to the norms and
principles of the right to education.
75. Universal access is an entitlement under the right to ed ucation. That right also
empowers learners by providing the knowledge, values and skills needed to
participate in society. Full consideration should be given to the impact of public private partnerships in education on both those dimensions, bearing in min d State
obligations to respect, fulfil and protect the right to education, for when a
Government enters into partnership or joins hands with the private sector for the
provision of education, those obligations remain constant. Public -private
partnerships do not alter or diminish State obligations regarding the right to
education, as laid down in international human rights conventions; on the contrary,
the State remains accountable for its own actions, as well as those of its partner(s)
and of all other providers of education within its jurisdiction. It must ensure that the
right to education is respected protected and fulfilled, with the latter incorporating
an obligation to facilitate and provide. 19
76. When entering into partnership with private providers, the State should not
divest itself of its responsibility. The European Court of Human Rights has held
that, under the European Convention on Human Rights, a State cannot absolve itself
from responsibility by delegating its obligations to private school bodies. 20 That
position is also reinforced by the Guiding Principles on Business and Human
Rights, which emphasize that, when States delegate their responsibilities to
businesses, they remain responsible for ensuring that their human rights obligations
are being met.
77. Governments cannot divest themselves of their core public service functions. 21
The State has the principal responsibility for “the direct provision of education in
most circumstances”, on account of its international legal obligations. 19
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18
19
20
21
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See A/69/L.85 for the draft of the sustainable development goals for transmission to the General
Assembly at its seventieth session.
See Committee on Economic, Social and Cultural Rights, general comment No. 13.
Costello-Roberts v. the United Kingdom, 25 March 1993, application No. 13134/87.
The Supreme Court of the United States stated in Wisconsin v. Yoder, 406 U.S.205, 92 S.
Ct. 1526, 32 L.Ed.2d 15 (1972) that “Providing public schools ranks at the very apex of the
function of a State,” and “education is perhaps the most important function of State and local
governments”.
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