A/70/342
I. Introduction
1.
The present report is submitted to the General Assembly pursuant to Human
Rights Council resolutions 8/4, 17/3 and 26/17. The Special Rapporteur builds on
previous reports on regulating private providers in education and safeguarding
education as a public good (A/HRC/29/30) and privatization and the right to
education (A/69/402). As demonstrated in the latter report, besides undermining the
norms and principles of the right to education, as laid down in international human
rights conventions, privatization is detrimental to education as a public good.
2.
The rapid expansion of privatization caused by the deregulation and
liberalization of the education sector has facilitated a push towards public-private
partnerships. Those partnerships are inextricably linked with privatization. In the
present report, the Special Rapporteur examines the global dynamics of public private partnerships in education. He highlights the challenges of public-private
partnerships in education in safeguarding education as a public good, bearing in
mind the international legal framework for the right to education, as well as the
principles of social justice and equity. The Special Rapporteur propo ses a regulatory
framework based on certain key principles of the right to education. Lastly, he
offers a set of recommendations with a view to developing an effective regulatory
framework for public-private partnerships in education, in keeping with State
obligations for the right to education, as laid down in international human rights
conventions.
3.
During the reporting period, the Special Rapporteur undertook missions to
Bhutan and Algeria and presented his thematic report on protecting education from
commercialization to the Human Rights Council at its twenty-ninth session
(A/HRC/29/30). In the report, he examined how the right to education can be
protected from commercialization, with a focus on the chall enges arising from forprofit private schools.
4.
The Special Rapporteur also participated in public events on education and
continued to collaborate with States, international organizations and
non-governmental organizations (NGOs).
5.
On 25 August, 2014, the Special Rapporteur gave a lecture on the post-2015
development agenda and the right to education at the Faculty of Legal Studies,
South Asian University, New Delhi.
6.
On 26 August, he addressed officials of various states of India during an
orientation workshop on the Right to Education Act at the National University for
Educational Planning in New Delhi.
7.
On 2 September, the Special Rapporteur gave a lecture at the Indian Society of
International Law in New Delhi on the theme of “The right to e ducation as a human
right: challenges and prospects for India”.
8.
On 21 October, he participated in a side event in New York hosted by
Transparency International and Penal Reform International on corruption and its
impact on human rights.
9.
On 28 October, he was hosted by the Open Society Foundation to speak on his
report to the General Assembly on privatization and the right to education
(A/69/402).
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