WUNRN
HOW CAN COMMERCIALIZATION, PRIVATIZATION OF EDUCATION IMPACT THE RIGHT TO EDUCATION FOR GIRLS AROUND THE WORLD??
Website of the UN Special Rapporteur on the Right to Education: http://www.ohchr.org/EN/Issues/Education/SREducation/Pages/SREducationIndex.aspx
For Full 24-Page Report, go to: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session29/Pages/ListReports.aspx
Scroll down to A/HRC/29/30 and click on UN Language Translation of Choice
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A/HRC/29/30 |
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Advance
Edited Version |
Distr.: General 10 June 2015 Original: English |
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Human Rights Council
Twenty-ninth session
Promotion and protection of all human
rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on the Right to Education, Kishore Singh
Protecting the Right to Education against Commercialization*
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Summary |
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The present report is submitted pursuant to
Human Rights Council resolutions 17/3, 23/4 and 26/27. The Special Rapporteur
looks with concern at the rapid increase in the number of private education
providers and the resulting commercialization of education, and examines the
negative effects of this on the norms and principles underlying the
legal framework of the right to education as established by international
human rights treaties. He highlights the repercussions of privatization on
the principles of social justice and equity and analyses education laws as
well as evolving jurisprudence related to privatization in education.
Finally, he offers a set of recommendations on developing effective
regulatory frameworks for controlling private providers of education and safeguarding
education as a public good. |
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Contents
Paragraphs Page
I.
Introduction.........................................................................................................
1–2
3
II.
Recent activities carried out by the Special Rapporteur .......................................
3–35
3
III. Commercialization of education and its
unfettered proliferation .......................
36–39
5
IV. Widespread concern with the baleful effects
of privatization in education
40–46 6
A. Privatization and the right to education as an
entitlement...........................
43–44
7
B. Privatization and the right to education as
empowerment .........................
45–46
7
V. International legal framework for the right to
education ...................................
47–55
8
VI. Negative impacts of privatization on
fundamental principles and norms
underpinning the right to
education..................................................................
56–64
9
A. Non-discrimination
.........................................................................................
57 10
B. Equality of opportunity in
education...........................................................
58–59 10
C. Social justice and equity
............................................................................
60–61 10
D. Preserving and strengthening education as a public
good...........................
62–64 11
VII. Differentiated public policy responses
towards non-State
providers of education
.....................................................................................
65–68 11
VIII. Private providers and national legislation
.............................................. ............
69–85 12
A. Education as a public good
.........................................................................
76–77 14
B. Abolishing for-profit
education..................................................................
78–79 14
C. Regulating school
fees.....................................................................................
80 15
D. Minimum standards and human rights
values.............................................
81–82 15
E. Some exemplary regulatory
systems..........................................................
83–85 15
IX. Justiciability of the operations of private
education providers............................
86–92 16
X. Regulatory framework for governing private
providers,
centred on education as a public
good............................................................. 93–100
17
A. Prescriptive regulations
..................................................................................
98 18
B. Prohibitive
regulations....................................................................................
99 19
C. Punitive regulations
......................................................................................
100 19
XI. Oversight and monitoring
mechanisms..........................................................
101–107 19
Monitoring privatization in education and United Nations
human rights treaty
bodies............................................................................
105–107 20
XII. Post-2015 development agenda
...................................................................
108–110 20
XIII. Conclusions and
recommendations...............................................................
111–132 21
I.
Introduction
1. During the past decade there has
been a rapid increase in the number of private providers of education in many
developing countries, with many schools and educational establishments not
being registered and being funded and managed by individual proprietors or
enterprises. Such providers are distinct from other non-State actors, such as
religious institutions, non-governmental organizations (NGOs), community-based
groups, foundations and trusts. As a result, education is being commercialized
and for-profit education is flourishing as an attractive business, with scant
control by pubic authorities. In the present report, the Special Rapporteur
looks at the rapid growth in private providers, which is resulting in the
commercialization of education, and examines the negative effects of such
commercialization on the norms and principles and legal frameworks underlying
the right to education as established by international human rights treaties.
He also highlights the repercussions of privatization on the principles of
social justice and equity, underlining the need for safeguarding education as a
public good.
2. Building upon his 2014 report to the General Assembly (A/69/402), the Special Rapporteur analyses education laws and evolving jurisprudence related to privatization. Finally, he offers a set of recommendations for developing effective regulatory frameworks for controlling private providers in education, in keeping with State obligations on the right to education as laid down in international human rights conventions.