In this case, petitioners supported by the Colombian Coalition for the Right to Education filed a claim with the Constitutional Court of Colombia challenging a provision in the General Education Law (Law No. 115 of 1994), which allowed the government to impose fees for primary education. The Constitutional Court found that the provision of law that allowed the charging of fees for primary education was unenforceable and in violation of the Colombian Constitution and international human rights treaties. This decision reaffirmed that Colombian laws must be interpreted in light of the provisions of international human rights treaties, which have a superior standing. The decision also confirmed the fundamental nature of the right to free primary education.
Children in Afghanistan – and their households may face war, displacement, migration and natural disasters in trying to access education, in addition to more common difficulties such as poverty and lack of access. This study, part of the Global Initiative on Out-of-School Children launched by the United Nations Children’s Fund (UNICEF) and the United Nations Educational, Scientific and Cultural Organization Institute for Statistics (UNESCO UIS), seeks to identify the barriers preventing children in Afghanistan from attending school, identify gaps in the current approaches to addressing these barriers and provide policy recommendations to move forward effectively. This is in line with the studies conducted elsewhere at the country and regional level for the out-of-school children initiative (OOSCI), based on existing data.
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 report, 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.
This report examines public-private partnerships in education, which are inextricably linked to rapidly expanding privatization. The Special Rapporteur highlights their implications for the right to education and for the principles of social justice and equity. Lastly, he offers a set of recommendations with a view to developing an effective regulatory framework, along with implementation strategies for public-private partnerships in education, in keeping with State obligations for the right to education, as laid down in international human rights conventions, and the need to safeguard education as a public good.
This study investigates the emergence and supply-demand dynamics of a market for low-fee private schools (LFPS) at the level of early childhood care and education (ECCE) in a slum of Lusaka, Zambia. Based on data collection over 1.5 years, the study reveals that, despite a government policy to support ECE, over 90 per cent of ECCE centres are private; that school operators tend to be former teachers, businessmen/women, and religious leaders; and that LFPSs charge, on average, 2.5 times as much as government ECCE centres for tuition, not including additional indirect costs. The paper discusses how teachers in LFPSs are caught in the middle, making less than the average income earned by others in the surrounding slum, and are unable to afford LFPS fees themselves. Importantly, the paper highlights that lower income quintiles spend a greater percentage of their income on ECCE, and that a majority of families in the study must make trade-offs between ECCE, food, housing, and other basic expenditures in order to afford private ECCE, which is a necessity given the inadequate supply of government ECCE centres. In addition to addressing school strategies for keeping costs down, this study reports on parental decision-making when it comes to school selection. Finally, beyond a straight market analysis of LFPSs at the ECCE level in Zambia, this article also comments on how this market fits into the dialectical nature of local and global contexts. That is, it draws attention to the workings of the Zambian state and its precarious position in the global capitalist economy.
This report shows how a student’s place of origin within France, that is, the region in which they live prior to the beginning of their studies, coupled with their socio-economic background can mean that the cost of education, which is heavily influenced by the structure of the French higher education system, poses a significant barrier to their enjoyment of the right to higher education.
Education is a fundamental human right of every woman, man and child. In states’ efforts to meet their commitments to making the right to education a reality for all, most have made impressive progress in recent decades. With new laws and policies that remove fees in basic education, significant progress has been made in advancing free education. This has led to tens of millions of children enrolling for the first time and the number of out of school children and adolescents falling by almost half since 2000. Important steps have also been taken with regard to gender parity and states have made efforts to raise the quality of education through improved teacher policies and a growing emphasis on learning outcomes.
Despite these efforts, breaches of the right to education persist worldwide, illustrated perhaps most starkly by the fact that 262 million primary and secondary-aged children and youth are still out of school. Girls, persons with disabilities, those from disadvantaged backgrounds or rural areas, indigenous persons, migrants and national minorities are among those who face the worst discrimination, affecting both their right to go to school and their rights within schools.
To respond to the challenges, the Right to Education Initiative (RTE) with UNESCO have developed this handbook to guide action on ensuring full compliance with the right to education. Its objective is not to present the right to education as an abstract, conceptual, or purely legal concept, but rather to be action-oriented. The handbook will also be an important reference for those working towards the achievement of SDG4, by offering guidance on how to leverage legal commitment to the right to education as a strategic way to achieve this goal.
The Latin American Campaign for the Right to Education (CLADE, by its Spanish acronym) is a pluralistic network of civil society organizations with a presence in 18 countries in Latin America and the Caribbean, which promotes social mobilization and political advocacy to defend the human right to education. This collection of articles, essays and statements reflect on the vital role of public education in the region and the fault lines exposed by the pandemic, considering both the challenges public education in Latin America faces and possible solutions, alternatives and ways forward.
In recent decades, governments have made considerable efforts to provide education for all. However, a large gap remains between international commitments, such as the Sustainable Development Goal 4, and the actual achievement of inclusive and equitable quality education for all. As a result, certain actors often critique public education as ineffective and inefficient, and thus incapable of addressing this issue. They argue for privatisation as a solution, deeming private providers as more innovative and effective than public ones. However, shortcomings in public education often arise not from lack of capacity, but lack of political will.
This review of examples of public education in low- and middle-income countries shows that, in direct contrast to widely disseminated (and empirically unvalidated) ideas, public education can be highly effective, efficient and transformative and, crucially, it is possible to develop quality public education everywhere.