The Washington Supreme Court ruled that the State failed to comply with its duty to make ample provision for the education of all children in Washington through dependable and regular tax sources. The evidence showed that the State’s funding levels fell short in the areas of basic operational costs, student transportation, and staff salaries.

In these three related decisions, the Kansas Supreme Court held that legislative changes to K-12 school funding, which reduced state-aid payments augmenting funds generated through property taxation in school districts with lower property values, violated the Kansas constitution. Article 6 of the Kansas constitution has previously been interpreted by the Kansas Supreme Court to require equity and adequacy in the provision of financing for education. The Kansas Supreme Court found that the legislative changes violated the equity requirement because school districts did not have reasonably equal access to substantially equal educational opportunity through similar tax efforts.

This document lists the international instruments that refer to education financing with their relevant provisions.

[ESPAÑOL] [FRANÇAIS]

Este documento enumera los instrumentos internacionales que se refieren a la financiación de la educación con sus disposiciones pertinentes.

[ENGLISH] [FRANÇAIS]

Public-Private Partnerships (PPPs) are increasingly being promoted as the solution to the shortfall in financing needed to achieve the Sustainable Development Goals (SDGs). Economic infrastructure, such as railways, roads, airports and ports, but also key services such as health, education, water and electricity are being delivered through PPPs in both the global north and south.

Although the involvement of the private sector in public service provision is not new, there is currently keen political interest in PPPs as an important way to leverage private finance. Donor governments and financial institutions, such as the World Bank Group (WBG) and other multilateral development banks (MDBs), have set up multiple initiatives to promote changes in national regulatory frameworks to allow for PPPs, as well as to provide advice and finance for PPP projects.

This report gives an in-depth, evidence-based analysis of the impact of 10 PPP projects that have taken place across four continents, in both developed and developing countries. These case studies build on research conducted by civil society experts in recent years and have been written by the people who often work with and around the communities affected by these projects.

Chapter 1, written by Ashina Mtsumi of Global Initiative for Economic, Social and Cultural Rights, refers to Liberia Education Advancement Programme (LEAP). In January 2016 the Liberian Ministry of Education announced its intention to outsource its public pre-primary and primary schools to Bridge International Academies (BIA) for a one-year pilot programme. This plan provoked significant public outcry and criticisms from different stakeholders. As a result, the Government of Liberia reviewed the plan, introducing an additional seven private providers selected through a competitive selection process. However, despite these changes, external assessments of its impact have not been good.

 

 

Open letter to the World Bank in support of development aid going to free, quality public education signed by the Right to Education Initiative, together with 173 civil society organizations, national education coalitions and unions, based in 63 different countries.  

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. 

On 13th February 2019, a group of eminent human rights experts from around the world adopted the Abidjan Principles on the human rights obligations of States to provide public education and to regulate private involvement in education in Ivory Coast. This landmark text is a major step for the right to education worldwide. The principles unpack and compile the existing obligations of States under international human rights law and provide a new reference point to address the role of the State and private actors in education. They were adopted following four years of work by various education stakeholders, including some community consultations. 

Key resource

France’s investment in the education multinational Bridge International Academies (BIA) has raised serious concerns regarding the extraterritorial obligations (ETOs) of France, in relation to the rights set out in the International Covenant on Economic, Social and Cultural Rights (ICESCR), particularly, the right to education.

Alternative report submitted in March 2020 by 13 civil society organisations, including the Right to Education Initiative, to the UN Committee on Economic, Social and Cultural Rights at the occasion of the review by the independent experts of the Committee of the implemention by France of its human rights obligations, as definied under the ICESCR.

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