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Lifelong learning and the right to education 2016, para. 56
- Paragraph text
- The right to education must be incorporated into national Constitutions and legal systems so that its normative framework can be operationalized.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Lifelong learning and the right to education 2016, para. 103
- Paragraph text
- States should recognize the importance of developing and strengthening the normative framework for lifelong learning, taking into consideration the right to learning as well as the right to education and training. They should also recognize the right to education and learning as a social right and a social responsibility. They should develop a normative framework that reflects the right to education, learning and training. In this respect, consideration should be given to available examples. Moreover, the right to education, learning and training should be developed in its nexus with other rights. Governments should review labour laws so as to make them conducive to operationalizing the right to learning as well as the right to training.
- 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
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 116
- Paragraph text
- In the face of the transformation of education systems, especially higher education, through digital technologies, the State remains primarily responsible for respecting and protecting the right to education on account of its international legal obligations. The State is the custodian of norms and principles and must ensure that the right to education is respected in all systems and modes of education. Governments should not abdicate their responsibility for ensuring that educational institutions retain their essential public service function. In all circumstances, the State must discharge its responsibility as guarantor and regulator of education as a fundamental human right.
- 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
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 89
- Paragraph text
- Digital technologies necessarily involve private partners and agencies that collaborate with universities, both public and private, on the procurement and operationalization of not only hardware but also software. The use of digital technologies in education has led to more consumer-oriented attitudes in universities and is resulting in the commodification of knowledge and the valuing of information in economic terms rather than for its social and cultural significance. Sponsored by a range of entities, including individual proprietors and profit-seeking businesses, private institutions of higher education now constitute the fastest-growing segment of higher education. Corporate funding of higher education raises questions of academic independence, as well as ethical questions. Universities are moving away from their social function. The commercialization of education could divert attention away from the classical type of higher education by accumulating advantages in the most advanced countries and institutions, by discriminating against the most deprived and by contributing to brain drain in many poor countries. There is evidence of an emerging global marketplace and a growing spirit of competition in higher education.
- 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
- 2016
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".
- 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. 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.
- 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
Protecting education against commercialization 2015, para. 112
- Paragraph text
- Education benefits both the individual and the society and must be preserved as a public good; social interest in education must be protected against its commercialization. The corrosive impact of privatization on the right to education must receive foremost consideration in education laws and public policies. The commercialization of education should have no place in a country's education system.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 109
- Paragraph text
- In this respect, the Special Rapporteur refers with concern to the 2014 report on assessing progress in Africa towards the Millennium Development Goals, which contains a recommendation to speed up private sector investment in education. This disrespects the proposal by the Open Working Group and undermines the right to education. The conclusions in the report that "Africa must build a vibrant private sector that supports the development of a dynamic primary education system ... establishing a liberal and attractive regulatory framework that is conducive to profitable returns on investment" overthrows States' responsibility for education as an essential public function. Ensuring free education of good quality for all is a core obligation of States, as established in, among others, the African Charter on Human and Peoples' Rights, which provides that every individual shall have the right to education. The Special Rapporteur therefore commends a joint statement by civil society organizations calling for the withdrawal of that report.
- 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
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 86
- Paragraph text
- International and regional human rights monitoring mechanisms have noted that States have an obligation to protect individuals from human rights abuses committed by private parties. Public accountability of privatized schools and availability of remedies and recourse from their decisions should be specifically and unambiguously provided for by law. The regulatory role of the State is clearly within the scope of the obligation to protect. Existing jurisprudence enables a better understanding of the obligations that the right to education imposes upon private providers.
- 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
Public-private partnerships in education 2015, para. 116
- Paragraph text
- Courts are recognizing that, when private providers contract to provide public services, they have an obligation not to impair human rights. In the case of the Juma Musjid primary school, where a public school was operated on property owned by a private trust, the South African Constitutional Court ruled that, while there was no positive obligation on the trust to provide education, there was an obligation on the trust not to impair the learners' right to basic education by evicting the school from its premises. The Court held that the failure of a private textbook provider to deliver textbooks to all schools constituted a violation of the constitutional right to education, thus establishing that private providers become jointly responsible to the people whom they are serving. The Court also held that private companies providing a public service became accountable to the people in relation to the public power that they acquired and the public function that they performed. The commercial part of the organization "dependent on, or derived from, the performance of public functions is subject to public scrutiny, both in its operational and financial aspects".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 35
- Paragraph text
- In its resolution 1.1 on privatization and commercialization in and of education, the seventh World Congress of Education International, held in Ottawa in July 2015, deplored the fact that, in many countries, Governments had abrogated their core responsibility to ensure the right to education for all through a fully accountable free, quality public education system and were increasingly turning to partnering with, or subsidizing, private actors to deliver education.
- 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
Protecting education against commercialization 2015, para. 111
- Paragraph text
- Education is a fundamental human right and a core obligation of States. It is not a privilege of the rich and well-to-do, it is an inalienable right of every person. Principal responsibility for the direct provision of education lies with the State. However, education as a public function of States is being eroded by market-driven approaches and the rapid growth of private providers, with scant control by public authorities. Privatization negatively affects the right to education both as an entitlement and as empowerment. It breeds exclusion and marginalization, with crippling effects on the fundamental principle of equality of opportunity in education. It also entails disinvestment in public education.
- 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
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 66
- Paragraph text
- There are other important avenues for meeting demands in education while a State pursues the progressive realization of the right to education. Not-for-profit, NGO, community and religious schools all have different motivations, dynamics and outcomes. Governments can, as in Brazil, categorize various non-State providers in education. In Spain, contractual arrangements between a region and a private school establish mutual rights and obligations. Public support to such educational establishments must, as provided in the Constitution of Cabo Verde, for example, be subject to pursuing the public interest.
- 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
- Year
- 2015
Paragraph
Protecting education against commercialization 2015, para. 38
- Paragraph text
- Promoting for-profit education, the International Finance Corporation considers laws as financial hurdles and provides guidance to private providers of education to be "very profitable and flourishing enterprises". This is blatantly disrespectful of the human rights obligations of international bodies, including the World Bank, as described in general comment No. 13 (1999) on the right to education of the Committee on Economic, Social and Cultural Rights.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Public-private partnerships in education 2015, para. 103
- Paragraph text
- In its resolution 68/234, the General Assembly also recognized the vital role played by Governments in promoting responsible business practices, including providing and ensuring enforcement of the necessary legal and regulatory frameworks in accordance with national legislation and development priorities.
- 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
Public-private partnerships in education 2015, para. 109
- Paragraph text
- Regulations on accountability should prescribe disaggregated reporting on obligations, including financial reporting and performance measures. Those requirements should include human rights-based indicators and be sufficiently detailed to ensure that the right to education is being met.
- 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
Public-private partnerships in education 2015, para. 111
- Paragraph text
- States have the obligation under human rights law to establish conditions and standards for private education providers and maintain a transparent and effective system to monitor those standards with sanctions in case of abusive practices. That responsibility cannot be fulfilled through voluntary compliance systems or inadequate State monitoring and oversight.
- 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
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
- 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
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 98
- Paragraph text
- Education is a fundamental human right and a core obligation of States. The principal responsibility for the direct provision of education lies with Governments. However, there has been tremendous growth in private providers of education. Taking advantage of explosive demands on education and of insufficient public schools, privatization is making inroads in education at all levels. It often flourishes, with scant control by public authorities. This can have a crippling effect on the fundamental principle of equality of opportunity in education. Privatization often excludes marginalized groups, who are unable to pay, undermining the right of universal access to education. Some private providers inadequately respect the quality of education and undermine the status of teachers.
- 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
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 84
- Paragraph text
- One of the most significant failures of States in the face of the privatization of education is lack of oversight and regulating mechanisms. A potential consequence of the lack of monitoring is that it can create or contribute to a culture that lacks accountability and encourages illegal or exploitative practices. In the absence of a regulatory framework, ill-informed and naive students can be duped by new private institutions that are universities only in name, having been established without credentials and recognition. If a school is not registered with the State, the State has no way to enforce minimum standards, which are set nationally and constitute conditions under which private providers must operate.
- 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
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 55
- Paragraph text
- The State is primarily responsible for providing education. Article 13 of the International Covenant clearly regards "States as having principal responsibility for the direct provision of education in most circumstances; States parties recognize, for example, that the development of a system of schools at all levels shall be actively pursued" (art. 13 (2) (e)). The State also has the obligation to safeguard the right to education in the case of its violation. "Violations of article 13 include the failure to take 'deliberate, concrete and targeted' measures towards the progressive realization of secondary, higher and fundamental education." Regulating private providers is one of the key challenges for public policy. Privatization flourishes when the State does not assume its role as the regulator of the education system, as the 2011 universal periodic review of Haiti showed. With limited Government capacity and a lack of availability of public school facilities, 92 per cent of education in Haiti had been taken over by the private sector (see A/HRC/WG.6/12/HTI/3, para. 61).
- 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
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 54
- Paragraph text
- The Special Rapporteur has been underlining the importance of preserving the social interest in education, while promoting the concept of education as a public good. This is invaluable in fostering the humanistic mission of education. It is also crucial for enhancing public investment in education. It provides a conceptual frame for regulating private providers of education so that the social interest in education is not sacrificed for the sake of private profit. "The State is the custodian of quality education as a public good" and this must become a guiding factor in public policies vis-à-vis private providers. The State is both the guarantor and the regulator of education, which is a fundamental human right and a noble cause. Understanding the multifaceted role of the State in education is a precondition for critically analysing educational institutions and their responsibility for preserving education as a public good.
- 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
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 90
- Paragraph text
- As regulators, States must sanction abusive practices by private education establishments. For instance, in 2008, the National Universities Commission in Nigeria ordered the closure of all local and foreign satellite campuses, which had mushroomed, making arrests or detaining the owners of unauthorized operations. The Special Rapporteur has commended the decision of the President of Ecuador to close, after investigation and evaluation in 2012, in conformity with constitutional law and the Higher Education Act, 14 universities that were devoid of quality and were engaging in education as business.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 107
- Paragraph text
- States have the obligation under human rights law to establish conditions and standards for private education providers and to maintain a transparent and effective system to monitor those standards, with sanctions in case of non adherence. Such monitoring should also include the teaching profession, in accordance with the norms laid down by the UNESCO-ILO recommendation on the status of teachers, which applies to all teachers in private and in public schools.
- 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
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 57
- Paragraph text
- States must establish and maintain a transparent and effective system that monitors the right to education and regulates private providers. As the countries of the International Organization of the Francophonie have stated, the State is the legitimate authority that enjoys full prerogatives in respect of exercising a regulation covering all levels of the education system. Notably, the State must prescribe rules; define all levels and modalities of certification of students' learning by legitimizing academic titles and diplomas; control and evaluate the activities of private providers; and sanction the private providers who do not respect the rules.
- 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
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 43
- Paragraph text
- Non-discrimination is a general principle of universal importance in human rights law. The UNESCO Convention against Discrimination in Education, which establishes the right to education comprehensively, provides that the State can permit the establishment or maintenance of private educational institutions, "if the object of the institutions is not to secure the exclusion of any group but to provide educational facilities in addition to those provided by the public authorities, if the institutions are conducted in accordance with that object, and if the education provided conforms with such standards as may be laid down or approved by the competent authorities, in particular for education of the same level" (see article 2 (c)). Article 13 of the International Covenant on Economic, Social and Cultural Rights, which also lays down a comprehensive framework for the right to education, provides for "the liberty of individuals and bodies to establish and direct educational institutions", provided the institutions conform to the educational objectives set out in article 13 (1) and to certain minimum standards (see article 13 (4)).
- 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
- Year
- 2014
Paragraph
Privatization and the right to education 2014, para. 83
- Paragraph text
- As in developed countries, Governments should lay down a legal framework for fostering institutionalized collaboration with enterprises and industry, since this is weak in developing countries. The rich experience available in developed countries, along with the legal framework in particular with respect to the dual system of apprenticeship training in schools and in enterprises based on an agreed framework, is most pertinent to the developing world for forging public-private partnerships (see A/67/310). The active engagement of enterprises and industry in creating and expanding ways for technical and vocational education institutions to cater to skill development requirements deserves particular consideration as a special modality.
- 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. 112
- 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 privatization in education, countries must recognize the paramount importance of public investment in education as an essential obligation of the State and as a foundation for development. Instead of giving subsidies to private providers, Governments should provide the maximum possible resources to public education, with equity-driven initiatives to expand educational opportunities for the marginalized and the poor. A paradigm shift is required so that instead of providing financial support to private providers, States must regulate them. Under no circumstances should a State provide financial support to a private provider of education.
- 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. 52
- Paragraph text
- The Special Rapporteur considers it important to recall the outcome document of the United Nations Conference on Sustainable Development, entitled "The Future We Want" (General Assembly resolution 66/288, annex), in which the General Assembly underlined the importance of the right to education and expressed the resolve of the international community to work for a "world that is just, equitable and inclusive". Raising public debate on fundamental justice questions posed by forces of globalization is laudable and deserves to be carried further, since this is critically important.
- 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
- Year
- 2014
Paragraph