Key resource

The Right to Education Initiative, with the support of international and British organisations as well as teachers' unions have submitted a report to the Committee on the Rights of the Child about the UK's support of the growth of private actors in education through its development aid: questioning its responsibilities as regards its human rights extra-territorial obligations.

The report raises concern about the increased use of British aid money to support for-profit schools, in particular so-called ‘low-fee’ private schools, which are fuelling inequality, creating segregation and undermining the right to education.

The report finds that the UK’s policies in support of private education through its development aid are problematic and that the country could be violating its extra-territorial obligations under the International Covenant on Economic, Social and Cultural Rights in two regards:

  • Firstly, the UK’s support for for-profit, fee-charging private schools that do not reach the poorest is questioned in light of the UK’s obligations to fulfil the right to education, including the right to free quality education without discrimination;   
  • Secondly, the UK’s responsibility is questioned in particular in relation to its own impact assessments that have been conducted on its policies of providing support to private schools and which have concluded that projects supporting private education providers are less likely to target the most marginalised, and that more research needs to be carried out on the impact of private schools in developing countries on, among other elements, the efficiency of “low-fee” private schools.

See also the summary and update of the report

This paper highlights key concluding observations adopted between September 2014 and November 2017 by the UN Committee on the Rights of the Child (CRC), the UN Committee on Economic, Social and Cultural Rights (CESCR), the UN Committee on the Elimination of all forms of Discrimination Against Women (CEDAW) and the African Commission on Human and Peoples' Rights (ACHPR) regarding the role of private actors in education in Ghana, Chile, Morocco, Uganda, Kenya, Philippines and Brazil. These add to more than 50 other concluding observations previously issued by these committees on the topic.

In this case, ISER successfully petitioned the High Court seeking declarations to the effect that the government policy on public financing of secondary education in Uganda infringes on the rights to; equality and non – discrimination; and quality education as guaranteed under Articles 21; and 30 and 34(2) of the Constitution respectively. The court directed that; government must ensure equity for all children in the design and implementation of education programs; and that government should take its lead position in regulating private involvement in education to ensure adherence to minimum standards – in doing so, it should make good use of the Abidjan Principles on the human rights obligations of states to provide public education and regulate private involvement in education to offer the necessary guidance. ISER successfully petitioned the High Court seeking declarations to the effect that the government policy on public financing of secondary education in Uganda infringes on the rights to; equality and non – discrimination; and quality education as guaranteed under Articles 21; and 30 and 34(2) of the Constitution respectively. The court directed that; government must ensure equity for all children in the design and implementation of education programs; and that government should take its lead position in regulating private involvement in education to ensure adherence to minimum standards – in doing so, it should make good use of the Abidjan Principles on the human rights obligations of states to provide public education and regulate private involvement in education to offer the necessary guidance. 

In this case,  ISER successfully petitioned the High Court seeking declarations to the effect that the government policy on public financing of secondary education in Uganda infringes on the rights to; equality and non – discrimination; and quality education as guaranteed under Articles 21; and 30 and 34(2) of the Constitution respectively. The court directed that; government must ensure equity for all children in the design and implementation of education programs; and that government should take its lead position in regulating private involvement in education to ensure adherence to minimum standards – in doing so, it should make good use of the Abidjan Principles on the human rights obligations of states to provide public education and regulate private involvement in education to offer the necessary guidance. ISER successfully petitioned the High Court seeking declarations to the effect that the government policy on public financing of secondary education in Uganda infringes on the rights to; equality and non – discrimination; and quality education as guaranteed under Articles 21; and 30 and 34(2) of the Constitution respectively. The court directed that; government must ensure equity for all children in the design and implementation of education programs; and that government should take its lead position in regulating private involvement in education to ensure adherence to minimum standards – in doing so, it should make good use of the Abidjan Principles on the human rights obligations of states to provide public education and regulate private involvement in education to offer the necessary guidance. 

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