The involvement of private actors in higher education is subject to the requirement that private educational institutions conform to standards established by the State in accordance with its obligations under international human rights law. The State has an obligation to regulate and enforce regulation, as to ensure that minimum educational standards are met in private higher education institutions. Lack of regulation may have consequences regarding accessibility and quality of higher education. Lack of regulation also leads to lack of transparency, blurring the lines between public/private-for-profit/non-profit and making it more difficult to verify if States are complying with their international human rights obligations.
Article 13, (3) (4), International Covenant on Economic, Social and Cultural Rights; Article 29 (2), Convention on the Rights of the Child; Article 13 (5), Protocol of San Salvador; Article 11 (7), African Charter on the Rights and Welfare of the Child; Article 14 (3), European Union Charter of Fundamental Rights; Article 2, Op Protocol 1, European Convention on Human Rights; Article 17 (1) (a), (Revised ) European Social Charter; Article 13, Framework Convention for the Protection of National Minorities; Article 27 (3), ILO Convention 169; Overarching Principle 3 and Guiding Principles underneath of The Abidjan Principles; Paragraph 30, General Comment 13, Committee on Economic, Social and Cultural Rights.