A/HRC/20/21
might also cause schools to reject underperforming children72 and further exacerbate
marginalization. Provisions in the UNESCO Convention against Discrimination in
Education are highly pertinent in this respect.
B.
Enhancing national investment for quality education
85.
In many developing countries, budgetary provision for the improvement of quality
in education is low, as the quasi-totality of the education budget is dedicated to regular
maintenance costs and salaries. Quality is particularly undermined by the fact that
investment in essential areas, such as development of pedagogic materials and school
facilities, remains neglected. Provision of adequate resources for education is essential to
the fulfilment of State obligations to ensure quality education. As the Special Rapporteur
stated in his report to the General Assembly (A/66/269), a paradigm shift is required in
public expenditure on education to respond to quality imperatives. Quality education
targets, based on benchmarks in terms of class-size, teacher-student ratio, text books,
school building and amenities, as well as deployment of qualified and trained teachers, can
provide a basis for determining financial requirements. States must also ensure that the
allocation of resources among schools is fair and equitable, and that schools in marginalized
and remote areas receive added support to enable them to become better performing.
C.
Regulating private providers of education
86.
Exploding demands for education have led to an exponential growth in the number
of private schools, which need to be regulated. Quality norms and standards should be
uniformly applicable to all schools – public and private alike – throughout a country.73 A
comprehensive and sound regulatory framework for controlling private schools and
ensuring their conformity with norms and standards is required.74 Effective sanctions in
case of abusive practices by private schools are necessary.75 As the International
Commission on Education for the Twenty-first Century stated, policy-makers must “face up
squarely to their responsibilities” and not leave it to market forces or some kind of selfregulation to put things right when they go wrong. 76 In this respect, it is pertinent to bear in
mind that as regards parental choice in education in schools other than those established by
the public authorities, this must “conform to such minimum educational standards as may
be laid down or approved by the State.”77
IX. Recommendations
87.
Poor quality of education constitutes a severe limitation on the fulfillment of the
right to education. Quality in education is crucial to “nation-building”78 and
72
73
74
75
76
77
78
20
“School evaluation for quality improvement,” An ANTRIEP report, Kuala Lumpur, Malaysia, edited
by Anton De Grauwe and Jordan P. Naidoo, Paris UNESCO, 2004, p. 12.
In Romania, public and private schools follow the same procedures and observe the same standards.
Examples have been provided by Uganda and Bangladesh in recognizing the establishment of private
schools, EFA Global Monitoring Report 2008, p. 105.
As regards private education, the National Education Law (Law 9394/1996) in Brazil provides for
conformity with general norms and quality as evaluated by public authorities.
“Learning: The treasure within,” Report to UNESCO of the International Commission on Education
for the Twenty-first Century, Highlights, UNESCO, 1996, p. 29.
International Covenant on Economic, Social and Cultural Rights, art. 13, para. 3.
General Assembly resolution 65/183.
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