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Privatization and the right to education 2014, para. 102
- Paragraph text
- Bearing in mind the above and the issues highlighted in the present report, the Special Rapporteur would like to offer the recommendations below.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Public-private partnerships in education 2015, para. 107
- Paragraph text
- The Special Rapporteur thus emphasizes the need for States to create a comprehensive regulatory framework to control public-private partnerships in education that is prescriptive, prohibitive and punitive.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 22
- Paragraph text
- The Special Rapporteur also draws attention to a number of regional conventions which also make provision for the right to education, in particular Protocol 1 (1952, art. 2) of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms which follows the Universal Declaration of Human Rights in normatively integrating all educational types and levels in the right to education; the 1996 European Social Charter (revised) (art. 17.2); the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (arts. 13 and 16); and the African Charter on the Rights and Welfare of the Child (art. 11).
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 24
- Paragraph text
- The Special Rapporteur notes that, over the decades, the formerly more comprehensive notion of the right to education has been reconceptualized. This reconceptualization has a particular geography to it. In the global developing world, this right has come to be normatively restricted to literacy and primary schooling (4–6 years), while in developed countries, it refers to compulsory primary and secondary schooling. Milestones in this process have been the Convention against Discrimination in Education and the declarations mentioned above. This progressive reduction in scope of the right to education in the South has been criticized for serving as a largely functional, basic-skill acquisition for low value-added routine work within the global division of labour.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 25
- Paragraph text
- The Special Rapporteur also observes with concern that increasingly, especially since the adoption of the World Declaration on Education for All, goodwill has become a substitute for entitlement. Frequently, the right to education has been replaced by legally non-binding terms such as “access to education”. This coincides with a general shift from a teacher-centred to a learner-centred approach, on one hand, and the redefinition of education, on the other. Here, education, for whose provision the State is primarily responsible, is being redefined as a commodity rather than a societal good, with the learner made responsible for this – portrayed as a consumer with choices. For the Special Rapporteur, this approach to education, particularly in the face of wider global challenges (sustainability, security and equality) is problematic.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 54
- Paragraph text
- The Special Rapporteur views the provision of intercultural training courses and awareness-raising conferences and seminars for teachers in many countries as a very positive activity and one that could be replicated elsewhere. In Denmark, for instance, teacher education includes cultural theory and research into multiculturalism. In Latvia, the “Teacher in Intercultural Environment” project has aimed to educate teachers in intercultural communication and tolerance. However, he notes also that these courses are optional (voluntary). Equally, while intercultural education may play an important role in policy documents and curricula, in practice the topic may not receive high priority in teacher education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Financing education and update on education in emergencies 2011, para. 53
- Paragraph text
- [In that spirit, the Special Rapporteur provides the following recommendations:] Education does not often receive the priority it deserves at the national level in terms of budget allocations. To ensure that education receives priority attention, it would be expedient to promote public dialogue among ministers of education and ministers of finance and planning on the necessary steps to secure maximum funding for education. An exchange of ideas and approaches among countries regarding legal and policy frameworks for financing education would enable national authorities to draw upon available experiences and practical examples from a comparative perspective and could provide insight into new avenues for investment in education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 77
- Paragraph text
- The Special Rapporteur underlines that investing in preventive efforts through education is crucial to protect schools and the communities they serve from the impact of natural disasters. Therefore, education systems must be actively engaged in the development and implementation of risk management strategies. Through their regular activities, schools must also contribute to establishing a culture of prevention and preparedness among students, staff and the communities to which they belong. Considering that the risks and needs of communities vary greatly, even within the same region, it is important to ensure that risk management strategies are prepared through meaningful participatory processes involving the communities where schools are located.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Environment
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 7
- Paragraph text
- Since its establishment by the Commission on Human Rights in 1998, the mandate of the Special Rapporteur on the right to education has sought to identify obstacles to the right to education, and has provided conceptual and practical guidance on steps to be taken to ensure its realization. The Special Rapporteur intends to build on this work, while benefiting from the knowledge and experiences of those who are directly involved in the promotion of education at global, regional and local levels. The themes he intends to examine in the course of his mandate are highlighted below. While implementing these priorities, the Special Rapporteur also intends to give particular attention to the situation on the African continent, given the acute challenges faced by the region.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 49
- Paragraph text
- States cannot fulfil their international obligations concerning the realization of the right to education unless they provide the necessary resources for education and make them available on a consistent and predictable basis. For this purpose, national legal and policy frameworks ensuring investment in education play a crucial role. They are also essential in accelerating sustainable progress towards achieving the Millennium Development Goals and moving the Education for All agenda forward. Education is indeed the best investment a country can make and deserves the highest priority in resource allocation. As a global public good of paramount importance, education should receive strong commitments from global leaders for its funding.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 65
- Paragraph text
- The volatility of support is another cause of concern. As already indicated, the sustainability of financial support is crucial for the adequate functioning of education systems. It can only be ensured through continued financial support enabling programmes to continue their course uninterrupted. Important opportunities are missed in post-emergency situations because of the lack of sustainable support and funding in the transition from a humanitarian response to a development framework. The need for further investment in national planning and information systems in recipient countries is also underlined in those contexts.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 65
- Paragraph text
- Information and communication technologies have opened new paths to distance learning. As a result, technical and vocational education and training is also provided in a "virtual learning environment" by way of Internet-based education and training and e-learning and e-training initiatives. A multiplicity of learning sites and modes exist for delivering technical and vocational education and training. While such modes of delivery can provide for greater access to it, "online learning can also lead to deskilling of teachers through the fragmentation and segmentation of tasks. Moreover, providers of dubious quality are using Internet-based education and training simply to cut costs by undermining teachers' working conditions, particularly in off-shore provision". This is an emerging issue which requires serious attention in the context of developments and policy reforms in technical and vocational education and training.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 67
- Paragraph text
- In his last report to the General Assembly, the Special Rapporteur noted that budgetary provision for quality education was scarce, as almost the totality of resources assigned for education went to recurring expenditure, and he underlined the need for a paradigm shift to respond to quality imperatives (A/66/269, para. 55). He also called for expanding the base of financing quality education. In this regard, technical and vocational education and training should be given due consideration in view of its importance to socioeconomic development, and States should assume the primary responsibility for investing in technical and vocational education and training.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 73
- Paragraph text
- Any such partnerships must be anchored by human rights, especially the international legal framework for the right to education. States have the overall responsibility for monitoring and ultimately ensuring the realization of human rights in all types of partnerships with industry and the private sector. However, experience in monitoring the implementation of relevant ILO instruments shows that "the involvement of local communities in the design of training programmes, as well as in the management and control of training institutions, has become a key element in their reforms of education systems".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Equality of opportunity in education 2011, para. 72g
- Paragraph text
- [The Special Rapporteur puts forward the following recommendations for the promotion of equal opportunities in education on the basis of a human rights framework:] [Enhance international assistance and cooperation:] International organizations, notably UNESCO and UNICEF, play a key role in the field of education. They can show the way forward by encouraging public debate on issues deemed to be of critical importance, and play an important role in promoting equality-enhancing policies and exchange of experiences on successful practices in the promotion of equality of opportunities. In that spirit, technical assistance to countries in the most difficult situation must be prioritized;
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 31
- Paragraph text
- That technical and vocational education and training forms an integral element of all levels of education is clearly emphasized in the UNESCO Convention on Technical and Vocational Education. Technical and vocational education and training ranges from lower and upper secondary to post-secondary education, extending to tertiary-level education. It also cuts across educational sectors (formal or school-based, non-formal or enterprise-based, and informal or traditional apprenticeship). The UNESCO Revised Recommendation concerning Technical and Vocational Education underscores, in paragraph 2 (a), technical and vocational education as: "an integral part of general education".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 88g
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] Enhance international technical assistance to Governments: • International entities, such as UNESCO, UNICEF and the World Bank, should be encouraged to continue their work in providing policy advice, support services and technical assistance to Governments in their efforts to respond to quality imperatives. UNESCO could develop guidelines for the establishment of standards for quality education;
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 72
- Paragraph text
- In Mexico, the National Evaluation of Scholastic Achievements in Schools (ENLACE) tests the competences and academic achievements of students in basic education nationwide. In Germany, the Standing Conference of Ministers of Education and Cultural Affairs adopted a comprehensive strategy for education monitoring, including evaluation of lifelong learning achievements. In this context, it was also recognized that assessments on the effectiveness of teaching and learning in the classroom must be made in parallel to the measurement of student achievements.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 73
- Paragraph text
- In Brazil, the Education Development Plan (2011) establishes links between “quality, equity and empowerment” and provides a quality indicator for assessing student performance. In Serbia, achievement standards are a set of education results for each level, cycle, type of education, educational profile, grade, subject and module. In Honduras, the Social Pact for Quality Education, launched within the ambit of the Law to Strengthen Public Education and Community Participation, includes strategic initiatives for improving academic performance with time-bound targets. In Mauritius, the Education and Human Resources Strategy Plan (2008-2020) includes the development of a national assessment initiative. In Slovenia, the Council for Quality and Evaluation (2008) is responsible for assessing students’ progression in basic and general secondary education through national examinations and certification. In Cyprus, the Centre for Educational Research and Evaluation (2008) monitors progress and assures quality in education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 95
- Paragraph text
- In the process of the formulation of education-related goals in the post-2015 development agenda, some key issues of critical importance deserve special attention.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 46
- Paragraph text
- The proposed education agenda is similar to the one put forth by the Special Rapporteur in his report to the General Assembly on technical and vocational education and training from a right to education perspective (A/67/310), proposing that the future agenda for education should build upon and consolidate developments in many countries, modernizing national legislation and providing for basic education of longer duration (nine years) as part of general secondary education. Those developments should include quality learning based on technical and vocational education and training in order to meet the critical challenges of an increasingly globalized economy.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 14
- Paragraph text
- The right to education is provided for in international, regional and national legal frameworks.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Privatization and the right to education 2014, para. 37
- Paragraph text
- Private higher education has become the fastest growing segment worldwide; in many countries, private higher education institutions "represent the clear majority". Sponsored by a range of entities such as individual proprietors or profit-seeking business interests, such institutions "involve new international branch campuses and foreign investment in and ownership of local institutions".8 The new nomenclature for the heads of private higher institutions, namely "chief executive officer", reflects the perception that they are analogous to heads of business enterprises.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Justiciability of the right to education 2013, para. 82a
- Paragraph text
- [Bearing in mind the key importance of the justiciability of the right to education and its enforcement, and with a view to fostering protective as well as promotional role of adjudication mechanisms, the Special Rapporteur would like to offer the following recommendations:] States must fully assume their obligation to respect, protect and fulfil the right to education. Their first obligation in this regard is to give effect to the right in their domestic legal order, and ensure its effective enforcement in case of violation through national, regional and international judicial and quasi-judicial mechanisms. Individuals as beneficiaries of the right to education, as defined in national legislation and as contained in international law, must be able to have legal recourse against its violations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Privatization and the right to education 2014, para. 69
- Paragraph text
- The phenomenon of low-fee private schools is projected as an affordable means of obtaining quality education. However, there is no evidence that "private schools do anything different to induce more learning than do public schools (…) many private schools do worse than public schools". An unregulated free market in higher education may lead to investments in the sector by low-quality providers. There have been instances in which fraudulent practices have come to light; for example, admission rules are relaxed, the evaluation process is distorted and examinations are faked in different ways.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 71
- Paragraph text
- Such practices are in direct contravention of the UNESCO-International Labour Organization (ILO) recommendation on the status of teachers, which lays down a normative framework for the teaching profession and applies to both public and private teachers. These practices also reflect non-compliance by States with their obligation to establish and maintain "minimum educational standards" to which all private educational institutions established in accordance with article 13 (3) and (4) of the International Covenant are required to conform. Such minimum standards are important, since privatization is propelled by business interests and vitiates the humanistic mission of education. The "cultural-valuational currency" it breeds is derogatory to the "moral worth" of the very poor, which further limits (if not excludes) their equal participation in society.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 72
- Paragraph text
- The State remains primarily responsible for education on account of international legal obligations and cannot divest itself of such responsibility. This is its core public service function. As the Supreme Court of the United States of America stated in the historic judgement in Brown v. Board of Education (1954), "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". State obligations remain in the case of privatization of education. The State cannot abandon its primary responsibility, above all in respect of free basic education of quality, to the advantage of private providers, who find the inadequacies of the public education system fertile ground for making money from the provision of education, reaping uncontrolled profits.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 100
- Paragraph text
- The Special Rapporteur considers that, driven by business interests, privatization by definition is detrimental to education as a public good and vitiates the humanistic mission of education. Abusive practices by private providers reflect the failure of States to adequately monitor and regulate privatized education. This calls for the strengthening of human rights mechanisms in order to effectively address and sanction violations of the right to education by private providers. In this, Governments can be inspired by numerous court decisions and emerging jurisprudence.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 103
- Paragraph text
- States remain primarily responsible for providing education on account of their international legal obligations. They should not abandon their primary responsibility, above all for the provision of free and quality basic education, to the advantage of private providers, who find the inadequacies of public education fertile ground for making money from the provision of education, reaping uncontrolled profits. When privatization is permitted, States should fully assume their responsibility in compliance with their obligations under human rights law and ensure that private providers abide by the principles and norms underlying the right to education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Assessment of the educational attainment of students 2014, para. 87
- Paragraph text
- Regarding the development of a holistic approach to the assessment of the educational attainments of students, the Special Rapporteur recommends that: Public authorities and school administrators ensure that the assessment of the educational attainments of students includes their understanding of universal human rights values and respect for people from different civilizations, cultures and religions. Student performance tests should demonstrate the extent to which students have incorporated human rights values in their understanding, commitments and day-to-day behaviour patterns.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph