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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. 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. 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. 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. 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
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
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 97
- Paragraph text
- The corporate sector has a long track record of seeking to avoid being regulated and numerous corporations have sued Governments for attempting to implement regulations that could harm their profits. "More accountability of UN partnerships with the private sector requires governments to build the intergovernmental structures required for monitoring and oversight."
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 95
- Paragraph text
- The Special Rapporteur recalls the Incheon Declaration, in which "the fundamental responsibility" of Governments in implementing the future development agenda is reaffirmed, and the determination expressed "to establish legal and policy frameworks that promote accountability and transparency as well as participatory governance and coordinated partnerships at all levels and across sectors, and to uphold the right to participation of all stakeholders".
- 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. 93
- Paragraph text
- The accountability of Governments, linked to good governance and public-private partnerships, has been elucidated by the Prime Minister of India. In an address in 2013 he underlined the need to move forward from the "3 Ps: public-private partnerships" to the "4 Ps: people-public-private partnerships" necessary to bring about good governance, in which people remain at centre stage with a sense of ownership and Governments become accountable.
- 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. 91
- Paragraph text
- If a State enters into partnership with private providers, it must progressively assume full responsibility for the provision of education, as in the case of community schools built or run in collaboration with local authorities, which the Government takes over at a later date. Collaboration based on social interest in education can lead to public education systems being reinforced through public-private partnerships.
- 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. 89
- Paragraph text
- Public-private partnerships in education also present a number of concerns relating to social justice and human rights. States must ensure that education is valued and safeguarded as a public good. The principle of social justice, which is at the core of the global mission of the United Nations to promote development and human dignity, also underpins human rights.
- 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. 88
- Paragraph text
- The norms and principles underlying the right to education should be fully respected in any arrangements of public-private partnerships in education. That should be the overriding concern in considering any proposal for such partnerships, in giving shape to them and throughout their operation.
- 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. 86
- Paragraph text
- When a private entity operates in education in collaboration with a public entity, the larger cause of education as a social good should not be compromised. The provision of education cannot be made subservient to private interests. Education is a public good and a social cause and public-private partnerships must be protected from the growing influence of a market-based model of private 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Public-private partnerships in education 2015, para. 59
- Paragraph text
- It is important to note that, in its general comment No. 13, the Committee on Economic, Social and Cultural Rights stated that it would considered "the effects of the assistance provided by all actors other than States parties on the ability of States to meet their obligations under article 13".
- 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