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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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- 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).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- 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. 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 Frequently, the right to education has been replaced by legally non-binding terms such as “access to education”.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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
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".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Protecting education against commercialization 2015, para. 53
- Paragraph text
- It is an established principle of human rights law that the State remains responsible for its obligations, even when they are privatized. 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. This position is 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 by those companies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 78
- Paragraph text
- For-profit education is contrary to the concept of education as a public good, and the Special Rapporteur would like to mention national legislation in several countries that outlaws for-profit schools. For example, the Education Act of the Bahamas establishes that "the school shall not be established or maintained for the private profit of any person or persons". In Qatar, private schools are required to be authorized by the Supreme Education Council and "shall not be profit-oriented". The Education Law of China provides that "educational activities must conform with the public interest of the State and society" and that "no organization or individual may operate a school or any other type of educational institution for profit". National legislation and policies in Finland give paramount importance to education as a public function of the State and as a public good. The law in Finland states that "basic education may not be provided in pursuit of financial gain".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 98
- Paragraph text
- Prescriptive regulations relate to the establishment and operation of private schools, setting minimum standards, including conditions for their recognition and operations, curriculum requirements, minimum qualifications for teachers, infrastructure standards and quality measures, and recognition of degrees or diplomas issued. These are basic requirements for any institution. Such regulations describe reporting obligations, including performance measures and financial reporting, and require compliance with monitoring and oversight agencies.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 122
- Paragraph text
- Learning from the devastating impact of structural adjustments on education as an essential public service, and in the face of the prevalent market ideology and surging privatization in education, States must expand educational opportunities, recognizing the paramount importance of public investment in education as their essential obligation. Under no circumstances should a State provide financial support to private providers of education or allow private companies to operate multiple schools.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Lifelong learning and the right to education 2016, para. 33
- Paragraph text
- UNESCO has been the progenitor of the vision and the concept of "lifelong learning", and the Special Rapporteur recognizes the importance of drawing upon its work. In the 1970s, reflections by the international community under UNESCO auspices led to a shift in focus from education to learning. This was epitomized by the International Commission on the Development of Education, which in 1971 put forward a vision of "the learning society" and recommended as the guiding principle for educational policies that "every individual must be in a position to keep learning throughout his [or her] life". Recognizing that "the idea of lifelong education is the keystone of the learning society", the Commission took the view that lifelong education was not an educational system but the principle on which the overall organization of a system was founded, and which should accordingly underlie the development of each of its component parts.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 84
- Paragraph text
- In order to create a standardized and widely recognized open licensing framework, the non-profit organization Creative Commons developed a series of standardized copyright licenses. Creative Commons encourages copyright owners to license the use of their material through open content licences. These will allow for better identification, negotiation and use of their content for the purposes of creativity, education and innovation. By minimizing copyright licensing efforts and complexity, authors can ensure their work is rapidly and easily used.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Normative action for quality education 2012, para. 71
- Paragraph text
- The Special Rapporteur considers it preferable to use the terms “assessment” or “performance evaluation,” which are also referred to in national legislations and policies in many countries, rather than “input-output” model. Notably, the OECD-PISA is a system of assessment of students’ performance.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 103
- Paragraph text
- A regulatory framework is necessary since an unregulated free market in higher education may lead to investments in the sector by low-quality providers. Governments must regulate fraudulent practices and ensure that fake degrees are not awarded. A regulatory framework is thus of critical importance in setting out responsibilities and accountability requirements. Regulations must reflect a broad humanistic notion of education and ensure that the digitization of education is subservient to public interest.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Equality of opportunity in education 2011, para. (b)
- Paragraph text
- Financing education: The share of resources allocated to ensure the provision of education is frequently unstable and insufficient, deeply affecting the realization of this right. The Special Rapporteur will pay attention to legal and institutional mechanisms that ensure the provision of adequate resources for education. He also intends to look at innovative forms of financing education and to assess how the human rights normative framework may guide State action in these areas.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 72
- Paragraph text
- Although States carry the primary responsibility for technical and vocational education and training, in a modern market economy, new partnerships among Government, employers, professional associations, industry, employees and their representatives, the local community and non-governmental organizations have become necessary for policy design and delivery of technical and vocational education and training, in addition to its financing. In this context, the normative framework established by ILO is especially important.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Public-private partnerships in education 2015, para. 101
- Paragraph text
- Accordingly, the Special Rapporteur considers that regulations on public-private partnerships in education should include three elements: (a) Screening for all private partners engaged in for-profit businesses and pursuing private interests through a controlling environment; (b) Promoting and supporting contributions to education in a philanthropic spirit; (c) Creating an enabling environment to establish partnerships which promote technical and vocational education and training.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 115
- Paragraph text
- It should be mandatory for private providers to be transparent. That is necessary to allow students, teachers and the community as stakeholders to take up with the public authorities those matters in public-private partnerships which are not in conformity with the right to education and seek remedies, especially in matters such as the management of schools under public-private partnerships. Care must be taken to ensure that negotiations for public-private partnerships are fully transparent and are not kept confidential.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 120
- Paragraph text
- The rapid expansion of privatization, owing to the deregulation and liberalization of the education sector, has led to a push towards more public-private partnerships. With a wide range of arrangements and modalities, public-private partnerships in education, linked to privatization, are becoming endemic at all levels. Lured by false propaganda, Governments turn to the private sector in search of financial support, better management of education and even for running the education system.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 127
- Paragraph text
- In the context of its ongoing work on the development of a global convention on the recognition of higher education qualifications, UNESCO could address the issue of the awarding of fake degrees and certificates and consider becoming a repository of all nationally recognized degrees and diplomas. UNESCO should also advise States to implement a national-level system of legal action against the awarding of fake degrees and diplomas and against fraudulent practices.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Protecting education against commercialization 2015, para. 37
- Paragraph text
- These developments have their genesis in the education sector strategies of the World Bank, which have stressed since the 1980s the key role of the private sector in education and compelled developing countries to initiate significant cuts under structural adjustments to their public services, including education. The most recent World Bank education strategy, the education sector strategy 2020 (released in 2011), gives increased prominence to private-sector engagement in education; as does the Global Partnership for Education.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 99
- Paragraph text
- Gaining the resources for digital technologies will inevitably involve private providers such as network operators, content providers and other stakeholders. Massive open online courses can involve creating partnerships between educational institutions in developed and developing countries, Governments, development agencies and the private sector. It is when Governments establish fundamental principles and a clear policy framework that the private sector can be involved in the provision of relevant products and services.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 102
- Paragraph text
- An area that poses stupendous challenges is that of controlling online or correspondence providers, many of which operate from locations with no controls at all and offer their own awards, free from regulation. Public authorities must find ways of preventing underqualified or fraudulent providers from acting as universities and from issuing worthless qualifications, including in situations where providers are based overseas and operate through the Internet.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph