This article discusses the privatisation of education from a human rights perspective. It focuses on what international human rights law in general, and the right to education in particular has to say with respect to the operation and consequences of privatisation in the area of education. The article reviews the content of the right to education and makes observations on the relationship between privatisation and violations of obligations resulting from the right to education. It provides a definition of the privatisation of education and an analysis of potential human rights issues.
This report is concerned with the growing tendency amongst governments internationally to introduce forms of privatisation into public education and to move to privatise sections of public education.
Written by John Ruggie, the Secretary-General’s Special Representative for Business and Human Rights, these Guiding Principles are designed to provide for the first time a global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011.
This document considers the State's obligations, and how they translate in the context of economic, social and cultural Rights, including the right to education (derived from the four key principles of equality and non-discrimination; indivisibility and interdependence of rights; accountability; and participation); Responsibilities of Non-State Actors, including Companies; and, Amnesty International's Human Rights Principles Concerning Delivery of Essential Services.
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 ac
In February 2013, the Committee on the Rights of the Child adopted General Comment 16 on State obligations regarding the impact of the business sector on children's rights, to which countries will be held accountable for ensuring that children's rights are protected in business activities.
Paragraphs regarding education:16, 19, 21, 30, 33, 35, 37, 56, 61(a), 68, 77 & 82.