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Public-private partnerships in education 2015, para. 77
- Paragraph text
- Governments cannot divest themselves of their core public service functions. The State has the principal responsibility for "the direct provision of education in most circumstances", on account of its international legal obligations.
- 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
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 41
- Paragraph text
- Cross-border higher education, which involves international branch campuses and direct foreign ownership or investment in national educational institutions, is being promoted under the guise of public-private partnerships.
- 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
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 111
- Paragraph text
- Governments should foster the possibility for any entity or individual to initiate legal action in the case of abusive practices by private providers as public-interest litigation.
- 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
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 86
- Paragraph text
- The commercialization of education and its uncontrolled liberalization, open to all operators for lucrative purposes or objectives, are contrary to international commitments by States and national values and must be stopped and sanctioned.
- 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
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 41
- Paragraph text
- Privatization in education cripples the universality of the right to education as well as the fundamental principles of human rights law by aggravating marginalization and exclusion in education and creating inequities in society.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 45
- Paragraph text
- The Special Rapporteur recalls that, as equality of opportunity in education is a principle underlying all human rights conventions, it must be respected. The framework for action for the implementation of the Incheon Declaration contains a commitment by Governments to make tertiary education progressively free, in line with existing international agreements.
- 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
- Date added
- Aug 19, 2019
Paragraph
Lifelong learning and the right to education 2016, para. 104
- Paragraph text
- In line with a normative framework, Governments should adopt the necessary policies and strategies for lifelong learning. A number of frameworks from countries mentioned in the present report may serve as inspiration but should be implemented in consultation with interested stakeholders to address each State's circumstances.
- 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
- Date added
- Aug 19, 2019
Paragraph
Lifelong learning and the right to education 2016, para. 91
- Paragraph text
- In France, a law adopted in March 2014 on vocational training, employment and social democracy created a "compte personnel de formation", replacing the previous "droit individuel à la formation". Such an account as a work contract, attached to the person, is meant to follow every person throughout his or her career. The account is funded through a shared investment between the State, regions and social partners.
- 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
- Date added
- Aug 19, 2019
Paragraph
Lifelong learning and the right to education 2016, para. 86
- Paragraph text
- The Special Rapporteur deems social responsibility in education a guiding factor as regards resources to be devoted to lifelong learning. Although States have primary responsibility under human rights law for financing education, financing lifelong learning is a co-responsibility of public authorities, enterprises and social partners under the overall promotional and coordinating role of Governments.
- 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
- Date added
- Aug 19, 2019
Paragraph
Lifelong learning and the right to education 2016, para. 62
- Paragraph text
- The Special Rapporteur considers it important for developing countries to take steps with a view to developing laws and education policies that embody the concept of lifelong learning. Public authorities must also "take the lead in developing and implementing lifelong learning strategies" grounded in such a legal and policy framework.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 127
- Paragraph text
- The Special Rapporteur would like to urge the United Nations human rights treaty bodies to give special consideration during their dialogues with States to the negative impacts of private providers and whether their operations are regulated and controlled in accordance with human rights law and internationally established frameworks of the right to education.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 113
- Paragraph text
- Guided by principles of social justice and equity, as well as human rights law, regulating private providers is essential to mitigate the potentially deleterious and negative effects on students, education systems and societies. In this, Governments can be inspired by numerous decisions by courts and emerging jurisprudence.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 101
- Paragraph text
- The lack of effective oversight and regulating mechanisms is one of the most significant failures of States. In spite of regulations for registration and recognition, the rapid growth of unregistered low-fee private schools in the developing world shows that implementation gaps remain. The State has the responsibility to establish an oversight mechanism for private schools and must ensure its laws are being complied with.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 97
- Paragraph text
- The Special Rapporteur would like to emphasize the need for States to create a comprehensive regulatory framework to control private providers in education and uproot commercialization in education. He considers that such a framework can be developed by developing regulations that prescriptive, prohibitory and punitive.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 82
- Paragraph text
- The humanistic mission of education can be strengthened and supported through laws and policies. State policy in the sphere of education should be based on the humanistic nature of education, giving primacy to common human values and the public character of education, as is done in France and Greece, among other countries.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 55
- Paragraph text
- Yet, instead of controlling the growth of privatized, for-profit education, Governments often support private providers through subsidies and tax incentives, thus divesting themselves of their primary public function. As a result, rather than supplementing government efforts, private providers are supplanting public education and commercializing education in the process.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 40
- Paragraph text
- A number of scholars have critically examined the neoliberal model of schooling, which is characterized by "State withdrawal in favour of privatization" and "market-anchored conceptions of schooling" - a departure from decades of the welfare state. The work of numerous civil society organizations expressing concern about the negative effects of privatization in education must be commended.
- 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
- Date added
- Aug 19, 2019
Paragraph
Protecting education against commercialization 2015, para. 84
- Paragraph text
- In Japan, the School Education Act fixes minimum standards in education with curriculum guidelines, and the ordinance for the enforcement of the Act provides a basis for application of the guidelines. The country's Private Schools Act lays down requirements for the establishment and management of private schools. Failure to follow specific regulations is punishable by sanctions of a civil nature.
- 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
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 138
- Paragraph text
- Public sector borrowing is normally the lowest-cost way to raise money and improving tax collection and reducing national and international tax avoidance can do more to increase education spending than any amount of private investment. Financial support for education can also be mobilized through corporate social responsibility.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 136
- Paragraph text
- Parliamentarians, in particular members of education commissions or committees, play a key role in laying down regulatory frameworks for public-private partnerships in education. They should ensure that the right to education is fully respected, protected and fulfilled in their country.
- 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
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 135
- Paragraph text
- The human rights treaty bodies should give special consideration in their dialogues with States to examining their reports for linkages between public-private partnerships and increased privatization, with a view to identifying any repercussions for the right to education.
- 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
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 134
- Paragraph text
- Governments should strengthen existing human rights mechanisms, such as national human rights institutions and ombudspersons, or create special mechanisms to regularly oversee the operations of public-private partnerships in education, with suo motu investigatory powers to look into alleged violations by private partners and any abusive practices.
- 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
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 128
- Paragraph text
- States must create a comprehensive regulatory framework to control public-private partnerships in education that is prescriptive, prohibitive and punitive. Laws and policies in many countries should be modernized to respond adequately to the challenges of public-private partnerships.
- 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
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 117
- Paragraph text
- Such cases create an important precedent that should be observed by all States. While the State retains primary responsibility for meeting its human rights obligations, whenever it enters into agreements with private providers, those agreements should stipulate that the private partner or company acknowledges the public responsibilities that they are taking on to respect the right to education.
- 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
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 114
- Paragraph text
- 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.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 110
- Paragraph text
- The Special Rapporteur emphasizes the need for adequate reporting requirements and accountability mechanisms for public-private partnerships in education, so as to ensure the full compliance of private partners with the normative framework of the right to education, both as regards the global dynamics of public-private partnerships and public-private partnership arrangements at the national level.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 105
- Paragraph text
- Moreover, regulations should be prohibitive as regards, for example, ill founded propaganda and commercial advertising in education, misleading claims as to quality education by private partners and the repatriation of surpluses by foreign-owned private institutions.
- 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
- Date added
- Aug 19, 2019
Paragraph