According to international law, States have the principal responsibility ‘to ensure the direct provision of the right to education in most circumstances. Although private education is allowed under international law, there are specific conditions and limitations under which private education must operate. While empirical data about the effectiveness of public and private schools is needed to inform the debate on how to achieve quality education, there also needs to be criteria to assess the measures for determining ‘effectiveness’ and to define what models of private education are acceptable.
This paper identifies a set of criteria for assessing the conditions and limitations of private education drawing from human rights standards applicable to African States. It explore criteria that examine the central role of the State, universal free primary education, progressively available secondary and higher education, the aims of education, non-discrimination, and regulation of private education providers. An examination of these standards will provide an initial set of criteria for assessing the role of private education in Africa and a basis for further research.
In this decision, the Constitutional Court of South Africa held that an eviction order obtained by an owner of private land on which a public school was located could not be enforced where it would impact students’ right to basic education and the best interests of the child under the South African Constitution (sections 28 and 29). The Court held that a private landowner and non-sate actor has a constitutional obligation not to impair the right to basic education under section 29 of the Constitution. The Court also held that, unlike other socio-economic rights protected by the Constitution, the right to basic education is immediately realisable and any limitation of this right must be 'reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom'.
Parallel Report submitted by the Ghana National Education Campaign Coalition and the Global Initiative for Economic, Social and Cultural Rights, with the support of the Africa Network Campaign on Education For All, the Privatisation in Education Research Initiative, the Right to Education Initiative, the Global Campaign for Education and Education International to the Pre-sessional Working Group of the Committee on the Rights of the Child on the occasion of the consideration of the List of Issues related to the Periodic Reports of Ghana. This report highlights the issue of privatisation in education in Ghana.