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Privatization and the right to education 2014, para. 85
- 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 abusive practices.
- 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
- Date added
- Aug 19, 2019
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 71
- Paragraph text
- Owing to stagnating and even diminishing education budgets, it is necessary to look for alternative financing strategies and adopt innovative approaches for securing enhanced budgetary provisions for technical and vocational education and training. While recognizing that States bear the primary obligation to provide such education and training, it is also important to boost the increasing use of a diverse range of funding mechanisms and diversify financing sources for technical and vocational education and training. For example, a system of resource contribution by industry and private sector (e.g., a 2 or 3 per cent levy) for a technical and vocational education and training fund could be envisaged in order to leverage existing resources for national technical and vocational education and training programmes, in particular for technical equipment and facilities. States may wish to consider sharing, to the maximum extent possible, funding for technical and vocational education and training with industry and the private sector, with Government providing appropriate incentives to this end. "Government and the private sector should recognize that technical and vocational education is an investment, not a cost, with significant returns."
- 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
- 2012
- 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
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. 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. 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
Privatization and the right to education 2014, para. 77
- Paragraph text
- States have a responsibility under international human rights law to provide resources for the right to education. Governments must devote maximum public funds to education as a high development priority, as a matter of norm (see A/66/269). They must also mobilize maximum domestic resources for education on an enduring basis.
- 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
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 62
- Paragraph text
- As a result of a series of decisions by the Supreme Court of Indonesia, the Government had to progressively increase the national budget for education in line with the constitutional provisions and the Law on National Education System (2003), which stipulates that the State shall provide 20 per cent of national and regional budgets for 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 32
- Paragraph text
- As a precondition, it must be noted that an independent judicial system is an “essential prerequisite” for justiciability. It is of paramount importance that the judiciary upholds “the rule of law” and ensuring that there is no discrimination in the administration of justice.”
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 24
- Paragraph text
- “For rights to have meaning, effective remedies must be available to redress violations.” These should include “access to independent complaints procedures and to the courts with necessary legal and other assistance.” Where rights are found to have been breached, there should be appropriate reparation, including compensation.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 23
- Paragraph text
- The right to education as provided for in article 13(2)(a), 13(3) and 13(4) of the International Covenant on Economic, Social and Cultural Rights, along with a number of other provisions, would seem to be capable of immediate application by judicial and other organs in many national legal systems. Any suggestion that the provisions indicated are inherently non-self-executing would seem to be difficult to sustain.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 22
- Paragraph text
- Domestic law should set out “entitlements” in sufficient detail to enable remedies for non-compliance to be effective. National laws on the right to education should create a “right of action” for individuals or groups who consider that their right to education is not being fully realized, and provide for “judicial remedies”.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 86
- Paragraph text
- Access to justice is of foremost importance for getting the rights enforced. This is acknowledged in the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels. The right to education is a justiciable right, and that should be recognized in the future agenda.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 97
- Paragraph text
- Even though there may be a consensus on the need to ensure State investment in the education sector, a legal framework is crucial for sustained political and financial support; efforts to promote the expansion of education opportunities may fail if they are not well anchored by a legal framework that not only ensures the right to education on a basis of equal opportunities, but also guarantees continued State investment in this strategic sector.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 87
- Paragraph text
- Accordingly, Governments should work towards making their commitments justiciable in their national legal systems, recognizing that they are all founded in international law. As the Special Rapporteur stated in his report to the Human Rights Council, courts, national human rights institutions and administrative or quasi-judicial mechanisms are important mechanisms for citizens to engage Governments, in order to ensure their rights are respected.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Equality of opportunity in education 2011, para. 9
- Paragraph text
- The right to education is set out in article 26 of the Universal Declaration of Human Rights, and is comprehensively elaborated in article 13 of the International Covenant on Economic, Social and Cultural Rights and in articles 28 and 29 of the Convention on the Rights of the Child. As highlighted below, a number of other human rights treaties also expand on 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Equality of opportunity in education 2011, para. (c)
- Paragraph text
- Justiciability of the right to education: The protection of the right to education requires judicial and quasi-judicial mechanisms that ensure rights holders’ capacity to claim their rights at national, regional and global levels. The Special Rapporteur intends to examine the jurisprudence and enforcement mechanisms for protecting 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 44
- Paragraph text
- While allocating the maximum amount of domestic resources to education is crucial, it is of equally critical importance to ensure their effective and optimal utilization. Beyond securing funds for education, legal instruments protecting the right to education can further guide State action for the utilization of resources assigned to education in accordance with human rights obligations.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 31
- Paragraph text
- In Argentina, the National Education Law No. 26.206 of 2007 provides that the resources for education shall be increased to 6 per cent of GDP in 2010. The Law lays down a right to compulsory schooling from the age of 5 until the completion of secondary education (art. 16).
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 25
- Paragraph text
- Other constitutions establish a minimal share for education in the overall national budget. The Constitution of Indonesia, as revised in 2002, establishes in article 31 (4) that the State shall prioritize the budget for education to a minimum of 20 per cent of the State budget and of the regional budgets to fulfil the needs of implementation of national 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
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 73
- Paragraph text
- A recent publication by the Office of the High Commissioner for Human Rights has pointed out that courts do use statistical information in adjudicating cases of rights violations. Structural, process as well as outcome indicators are useful to determine what type of violation has occurred, and can enhance the justiciability of the right to education by providing evidence to judicial and quasi-judicial bodies of instances where States have violated their obligations in respect of education 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 82
- Paragraph text
- Indicators can also show the extent to which Governments fulfil their obligations and commitments, and the accountability gap. Under a rights-based framework, such indicators demonstrate the progressive realization of education rights and provide a basis upon which legitimate complaints against Governments can be made when efforts are lacking. The responsibility of Governments is perceived as involving their accountability to achieve agreed outcomes, rather than in terms of mere political commitment devoid of enforcement.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Report on the Post-2015 Education Agenda 2013, para. 89
- Paragraph text
- Focus on the right to education in the post-2015 development agenda also implies human rights education and learning as an objective of education. States and other relevant stakeholders should intensify action at the national level, pursuant to the United Nations Declaration on Human Rights Education and Training as a means to give full effect to the right to education worldwide. Universally recognized human rights values and democratic principles should be embedded in any education system.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Financing education and update on education in emergencies 2011, para. 18
- Paragraph text
- In 2006, States and international organizations involved in development aid established the Leading Group on Innovative Financing for Development to devise additional international financing mechanisms to promote global development. The International Task Force on Innovative Financing for Education, established as part of that initiative, is currently discussing a number of alternatives to enhance funding for education, including the mobilization of domestic resources as well as international aid.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph