For the past 18 months, a number of international, national and local organisations have been working together to research and assess the effects of the growth of private education from a human rights perspective in 8 countries. This work, led by the Global Initiative on Economic Social and Cultural Rights (GI-ESCR) in Partnership with the Privatisation in Education Research Initiative (PERI) and the Right to Education Initiative (RTE), has produced an effective methodology that civil society can use to tackle privatisation in their countries.

This work has been conducted in Morocco, Ghana, Uganda, Kenya, Brazil, Chile and Nepal. In the UK, organisations have examined the impact of development aid to support to private education in developing countries.

This strategy has been very successful in producing statements and recommendations from key UN human rights bodies. The work has also contributed to reports by the Special Rapporteur on the right to education to the UN General Assembly and the Human Rights Council on the impact of private actors on the right to education. Advocacy at the international level has fuelled national advocacy and dialogue with governments, private actors and other stakeholders on this issue.

There is a unique opportunity for civil society to tackle complex issues of privatisation in education by using this framework. The methodology can easily be replicated by your coalition, even if you have no experience using human rights mechanisms. This 3-part series explains this work in more detail and how your coalition can get involved. The documents are designed as an introduction. 

Part 1 on Private Actors in Education & Human Rights: A Practical Methodology to Tackle the Negative Effects of Privatisation in Education on the Right to Education is available, here.

Part 3 Case-Studies on Parallel Reporting to Tackle Privatisation in Education is available, here.

FRANCAIS

For the past 18 months, a number of international, national and local organisations have been working together to research and assess the effects of the growth of private education from a human rights perspective in 8 countries. This work, led by the Global Initiative on Economic Social and Cultural Rights (GI-ESCR) in Partnership with the Privatisation in Education Research Initiative (PERI) and the Right to Education Initiative (RTE), has produced an effective methodology that civil society can use to tackle privatisation in their countries.

This work has been conducted in Morocco, Ghana, Uganda, Kenya, Brazil, Chile and Nepal. In the UK, organisations have examined the impact of development aid to support to private education in developing countries.

This strategy has been very successful in producing statements and recommendations from key UN human rights bodies. The work has also contributed to reports by the Special Rapporteur on the right to education to the UN General Assembly and the Human Rights Council on the impact of private actors on the right to education. Advocacy at the international level has fuelled national advocacy and dialogue with governments, private actors and other stakeholders on this issue.

There is a unique opportunity for civil society to tackle complex issues of privatisation in education by using this framework. The methodology can easily be replicated by your coalition, even if you have no experience using human rights mechanisms. This 3-part series explains this work in more detail and how your coalition can get involved. The documents are designed as an introduction. 

Part 1 on Private Actors in Education & Human Rights: A Practical Methodology to Tackle the Negative Effects of Privatisation in Education on the Right to Education is available, here

Part 2 on How to Use Human Rights Mechanisms is available, here.

FRANCAIS

 

Con el objetivo de facilitar la participación activa de padres, niños y niñas, profesores y profesoras, sindicatos, comunidades y organizaciones locales de la sociedad civil en el seguimiento colectivo y la mejora de la calidad de la educación pública, Promoviendo los Derechos en las Escuelas o PRS  por sus siglas en inglés (Promoting Rights in Schools) ofrece un conjunto de herramientas prácticas que pueden ser utilizadas como base para la movilización, abogacía, incidencia y campañas. El paquete proporciona cuatro recursos claves:
 
1) Una carta estatutaria de 10 derechos que, cuando se hayan cumplido, permitirán a todos los niños y niñas completar una educación de buena calidad;
 
2) Una metodología participativa para aprender a: usar la carta estatutaria; recopilar, analizar y usardatos; y consolidar la información de los “informes ciudadanos” que pueden ser utilizados para el desarrollo de planes de acción o para animar los debates y las revisiones a nivel local, distrital y nacional;
 
3) Una serie de indicadores de educación, basados en los derechos humanos y organizados en un formato de encuesta para que los usuarios puedan recoger información de una manera sistemática;
 
4) Una recopilación de referencias claves internacionales de derechos humanos que proporcionan los fundamentos y la legitimidad de la carta estatutaria y de los informes.
 
PRS Promoviendo los Derechos en las Escuelas se basa en la educación y los marcos de derechos humanos para describir una escuela ideal que ofrezca una educación de calidad. Su metodología es compatible con los vínculos entre el programa de trabajo a nivel de la escuela,  las actividades de promoción y los esfuerzos políticos en foros nacionales e internacionales. El proceso es tan importante como el resultado: es sólo a través de la participación de todos los interesados y las interesadas ​​en el proceso - desde el desarrollo de la carta estatutaria, como la recogida de datos, su posterior análisis y elconsiguiente debate de las conclusiones – como se promueve una mayor conciencia de lo que hay que cambiar y de cómo hacerlo.

English

Aimed at actively engaging parents, children, teachers, unions, communities and local civil society organisations in collectively monitoring and improving the quality of public education PRS offers a set of practical tools that can be used as a basis for mobilisation, advocacy and campaigning. The pack provides four key resources:

1) A charter of 10 rights which, when fulfilled, will enable all children to complete a good quality education;

2) A participatory methodology for: using the charter; collecting, analysing and using data; and consolidating information into ‘citizens reports’ that could be used for the development of Action Plans or to encourage discussions and reviews at local, district and national levels;

3) A series of education- and rights-based indicators organised in a survey format to enable users to capture information in a systematic manner;

4) A compilation of key international human rights references providing the foundations and legitimacy of the charter and reports

PRS builds on education and human rights frameworks to describe an ideal school that offers quality education. Its methodology supports links between programme work at the school level and advocacy and policy efforts in national and international forums. The process is as important as the outcome: it is only through engaging all stakeholders in the process - from developing the charter to collecting and analysing the data and debating the findings - that we will promote greater awareness of what needs to change and how.

Español 

Parallel Report submitted by the National Campaign for Education-Nepal, the Global Initiative for Economic, Social and Cultural Rights, the Sciences Po law school Clinic, and partners, on the occasion of the Universal Periodic Review (UPR) of Nepal during the 23rd session of the UPR Working Group.

This report shows that the current organisation of education system in Nepal, in particular a high level of unregulated private involvement in education, is creating and entrenching segregation in education. Such segregation in itself constitutes a human rights violation and need to be ended. It is also the source of additional other human rights abuses, including discrimination on the grounds of socio-economic background, gender and race, the limitation of the right to free quality education, and the lowering of education quality. This situation is extremely problematic due to the immediate human rights violations it is causing, but also because the injustices it generates contribute to threatening the fragile social cohesion and peace that exist in Nepal.

Key resource

RTE's background paper for the Global Education Monitoring Report 2017/8: Accountability in education: Meeting our commitments.

The purpose of the paper is to show how a human rights-based approach offers insights and practical solutions to address the accountability deficits found in both education policy decision-making and implementation, and the 2030 Agenda for Sustainable Development.

Specifically, the paper argues that a human rights-based approach to accountability can bolster public policy accountability by defining the responsibilities of authorities, ensuring they are answerable for actions regarding those responsibilities, and how they can be subject to forms of enforceable sanctions or remedial action for failures to carry out those responsibilities.

As the national government is the primary duty bearer for the right to education it is important for any report on accountability to start with the responsibilities of government. The paper provides an overview of the right to education legal framework to which States have legally committed, as well existing international and regional accountability mechanisms.

The paper then explores the connections between the 2030 Agenda, the Incheon Declaration, and human rights law. The Incheon Declaration affirms, ‘the vision and political will reflected in numerous international and regional human rights treaties that stipulate the right to education and its interrelation with other human rights” (para. 2). In the Declaration education is framed as both a “public good” and a “fundamental human right” (para. 5). However, whether a rights-based approached is consistent or present in the operationalisation of SDG4 has not been clearly debated. Part of this challenge is the diluted and often, overly simplistic notion of what the right to education entails. The paper seeks to better understand the similarities and differences of these two large global frames for education and includes a matrix that links the normative content of each framework. This matrix shows that the content of each is largely aligned, even if the processes are not. The paper argues that by recasting the content of SDG4 as part of the right to education, the legal obligations owed to that content can be invoked. This renders various elements of SDG4, if the state in question has legally committed to the right to education and incorporated the right to education in their domestic legal orders, amenable to adjudication by competent mechanisms, offering the possibility of legal accountability through legal enforcement.

The second half of the paper explores the prevalence of the right to education in national laws and the conditions necessary for the right to education to be successfully adjudicated at the national level. It provides an overview of how countries have incorporated the right to education in their domestic legal orders, as well as a list of countries where the right to education is justiciable. This is complemented by a series of case studies that draw out the requirements for successful adjudication at the national level.

At the national level the incorporation and implementation of the right to education, as required by international treaties, requires at least three stages. Firstly, countries must translate their international legal commitment into concrete action to ensure the full enjoyment of the right to education. This includes the incorporation of the right to education into the domestic legal order, through the adoption of education laws and policies. Secondly, countries must secure the right to education as a justiciable right. Lastly, the justiciable right to education must be able to be adjudicated fairly through the judicial system. Whilst the first stage is completed at a near universal level by countries, the final two stages, essential for the fulfilment of the right to education, are achieved by significantly fewer countries. Even when justiciability is present, various barriers may be present that hinder the adjudication of the right to education. Understanding how countries move from incorporation to application and implementation is essential to understanding whether the right to education is truly realised in a country. Our analysis shows that legal enforcement, through mechanisms competent to hold duty-bearers legally accountable, has a positive impact on the realisation of the right to education. Furthermore, little is known about how the political, social, and cultural context of a country limits or enables the adjudication of the right to education. This paper examines court cases from countries around the world to identify the conditions that enable the right to education to be realised through adjudication.

This practical toolkit on the right to education was published by Amnesty International in collaboration with the Right to Education Initiative.  It is part of the Haki Zetu handbook series on economic, social and cultural rights, developed by the Special Programme on Africa of Amnesty International Netherlands.

It contains sections on understanding the right to education and on taking action, with a particular focus on Africa – providing concrete examples at national and regional levels and reference to relevant laws and policies.  It is to be used in conjunction with the Main Book of the series, which provides general information on ESC rights. 

Both the Main Book and the practical toolkit on the Right to Education have been developed for local civil society organisations working with local communities to realise the right to education.  The tool seeks to assist community workers to better study laws and policies and promote the monitoring of the right to education.

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