The report focuses on the legal obligations of states and private entities to mobilise all resources at their disposal, including those that could be collected through taxation or prevention of illicit financial flows, to satisfy minimum essential levels of human rights and finds that states who facilitate or actively promote tax abuses, at the domestic or cross-border level, may be in violation of international human rights law.
The report is based on a detailed examination of UN treaty bodies and special procedures’ views on the current interpretation of the scope and content of this obligation to mobilise resources. Further, it is published against the backdrop of increased awareness of the relationship between economic policies and human rights and the 2030 Agenda for Sustainable Development which committed all UN member states to ‘strengthen domestic resource mobilization, including through international support to developing countries, to improve domestic capacity for tax and other revenue collection’ and ‘significantly reduce illicit financial flows’.
According to UNESCO, 264 million children and youth are still out of school around the world, and this is only accounting for the primary (61 million) and secondary school (203 million) age population. In particular, the poorest and most marginalised, including ethnic and religious minorities, persons with disabilities, girls, and populations experiencing conflict, are often systematically unable to access and complete a full cycle of quality education. The first volume of NORRAG Special Issue (NSI) is dedicated to examining international frameworks and national policy as well as the challenges of fulfilling the right to education in practice.
The inaugural issue of NSI on the Right to Education Movements and Policies: Promises and Realities aims to highlight the global and national level experience and perspective on guaranteeing the right to education, as outlined in international frameworks, national constitutions, legislation, and policy, when creating the required administrative structures to ensure that the right is respected, protected, and fulfilled for all.
The Issue is divided into six parts, each focusing on a specific theme of right to education policy and practice. The first part includes an article written by RTE staff on The Role of Court Decisions in the Realisation of the Right to Education, which draws on RTE's background paper on accountability for the GEM Report 2017-8.
Of the 57 million children worldwide without access to education, over one third lives in settings of conflict and fragility (UNESCO, 2015). The escalating crisis in Syria has contributed significantly to this out-of-school population, with well over half of 1.4 million Syrian refugee children and adolescents not in school (UNICEF, 2016). While education in emergencies has risen as a policy priority in the mandates of international organizations (Menashy and Dryden-Peterson, 2015), the share of total overseas development assistance to education has declined sharply in recent years, with funding persistently low in conflict-affected states (UNESCO, 2015; 2016). Within this context, private sector engagement in education has become increasingly appealing to a growing portion of the international community. Private actors have responded in turn, spurring new initiatives, funding commitments and partnership arrangements to advance the cause of educating refugee children. Such commitments are indicative of the growing role of private entities as both educational funders and providers in contexts of crisis. This study explores the complex interrelationship between conflict and private sector participation through a case study of the education of Syrian refugees. It is estimated that 900,000 Syrian refugee children and adolescents are not enrolled in school, with enrolment rates for Syrian refugees at only 70% in Jordan, 40% in Lebanon, and 39% in Turkey (UNHCR, 2016b). Although private engagement in this context is evidently expanding, the exact nature and scale of this involvement has been unclear. This research seeks to better understand which private entities are engaging in the sector, the activities through which private companies and foundations support education, and the rationales and motivations that drive their involvement.
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 world, aims 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.