On 13-14 March UNESCO hosted the Europe and North America Regional Consultation on the Human Rights Guiding Principles on state obligations regarding private schools. This was the third in a series of regional consultations, part of a broad consultative process to develop the Guiding Principles involving a range of stakeholders including civil society organisations, state representatives, human rights organisations and experts in the fields of education and law, academics, international and regional organisations and other actors. To obtain a comprehensive and comparative review of the draft text and taking into account the cumulative effect of the consultation process, the group reviewed a version of the Guiding Principles updated following previous regional consultations in Bangkok (August 2016) and Nairobi (September 2016). 

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 acceptable.

This paper identifies a set of criteria for assessing the conditions and limitations of private education drawing from human rights standards applicable to African States.  It explore criteria that examine the central role of the State, universal free primary education, progressively available secondary and higher education, the aims of education, non-discrimination, and regulation of private education providers.  An examination of these standards will provide an initial set of criteria for assessing the role of private education in Africa and a basis for further research.

 

This policy brief looks at the role of Public-Private Partnerships (PPP) in education from a human rights perspective, whereby the private and public sectors have distinct (although admittedly compatible) responsibilities. Using the 4-A approach to the right to education (availability, accessibility, acceptability and adaptability) it analyses the consequences of using PPP for education delivery (focusing on quality, accountability and discrimination issues) and advocates for a clearer rights-based approach to the issue.

This report was submitted by the Right to Education Initiative and nine organisations - including British organisations, organisations based in developing countries and international organisations on the occasion of the 3rd Cycle of the Universal Periodic Review (UPR) of the United Kingdom of Great Britain and Northern Ireland (UK). 

The report argues that the UK is failing to take its extraterritorial human rights obligations seriously by supporting (through the Department for International Development) non-State actors in providing education in developing countries, which in some instances undermines the right to education. 

This background paper, commissioned by the Education Commission to inform the report The Learning Generation: Investing in education for a changing worldaims to clarify the relevant provisions in human rights law that refer to the involvement of non-State actors in education in mixed education systems. Making reference to international human rights law, it analyses three cases studies (Pakistan, Chile, and community schools) selected to represent the wide variety of roles played by non-State providers in different geographical areas.

In this decision, the Constitutional Court of South Africa held that an eviction order obtained by an owner of private land on which a public school was located could not be enforced where it would impact students’ right to basic education and the best interests of the child under the South African Constitution (sections 28 and 29). The Court held that a private landowner and non-sate actor has a constitutional obligation not to impair the right to basic education under section 29 of the Constitution. The Court also held that, unlike other socio-economic rights protected by the Constitution, the right to basic education is immediately realisable and any limitation of this right must be 'reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom'.

This document compiles the national laws on private provision of education for most of the countries in the world.

This is a summary of the report submitted in October 2015 to the Committee on Economic, Social and Cultural Rights by 26 organisations across the world including British organisations, organisations based in developing countries, and international organisations. 

Access the original report, here and the update, here

 

This is a brief update of the report submitted in October 2015 to the Committee on the Rights of the Child by 26 organisations across the world including British organisations, organisations based in developing countries, and international organisations.

Access the original report, here and the summary, here

This is a summary of the report submitted in October 2015 to the Committee on the Rights of the Child by 26 organisations across the world including British organisations, organisations based in developing countries, and international organisations.

Access the original report, here and the update, here.
 

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