A/70/342 mechanisms or ombudspersons so that they function with a reinforced mandate. Moreover, parliamentarians have a crucial role to play in monitoring public -private partnerships, not only in adopting laws, but also in taking up questions related to the enforcement of laws, rules and regulations. C. Monitoring public-private partnerships in education and the human rights treaty bodies 113. The repercussions of privatization in education and the need for regulation is increasingly being recognized by the human rights treaty bodies, notably the Committee on the Rights of the Child, the Committee on the Elimination of Discrimination against Women and the Committee on Economic, Social and Cultural Rights. 114. The Special Rapporteur welcomes such developments and considers it important to take this further and look into public -private partnerships in education, in view of their linkage with privatization and its repercussions for the right to education and for State obligations. VIII. Justiciability and enforcement of the right to education under public-private partnerships 115. It should be mandatory for private providers to be transparent. 27 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. 116. Courts are recognizing that, when private providers contract to pr ovide 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 ther e 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 evictin g the school from its premises. 28 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 pr oviding 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 __________________ 27 28 20/25 See Committee on the Rights of the Child, general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights and the Guiding Principles on Business and Human Rights. See Governing body of the Juma Masjid Primary School and others v Ahmed Asruff Essay N.O. and others, case CCT 29/10 (2011). 15-12538