A/HRC/41/37
C.
Public-private partnerships
54.
Public-private partnerships in education are probably one of the most controversial
and sensitive topics. The Abidjan Principles set out a useful compilation of existing
standards that can help to navigate the issue.
55.
Target 17 of Sustainable Development Goal 17 may be read as encouraging publicprivate partnerships. However, the wording of the target is broad, demanding that
stakeholders “encourage and promote effective public, public-private and civil society
partnerships, building on the experience and resourcing strategies of partnerships”. “Publicprivate” is thus only one type of partnership among others.
56.
An important forthcoming study recalls that public-private partnership programmes
tend to be analysed in generic terms, without necessarily taking into account the importance
of their design variables in mediating policy impact.48 Other forms of partnerships in
education, such as alternative partnership approaches to those focusing on the private
provision of schooling, could be explored without undermining equity and social cohesion.
In the study, the authors emphasize that there are many forms of partnerships in education
still to explore, which, in contrast to public-private partnerships oriented towards school
competition and segmentation, can contribute to strengthening educational systems and
guarantee the right to quality education for all. Such partnerships could be established with
a broad range of actors, such as universities and educational research centres, community
organizations and local or international NGOs. Instead of focusing on school provision, the
partnerships could focus on the promotion of teacher training, capacity-building at the
public administration level, support services for schools or family engagement in education.
57.
Overall, the study shows that empirical research on educational public-private
partnerships appears to find more negative than positive effects on a variety of dimensions
ranging from student achievement to family satisfaction. In the case of market-based
public-private partnerships, particularly negative evidence relates to human rights impacts,
such as segregation. Even a report commissioned by Ark Education Partnerships Group, an
organization running a network of 38 schools in the United Kingdom under a public-private
partnership arrangement, found that current evidence “does not allow us to draw strong and
universal conclusions about the impact of PPPs on learning outcomes”.49
58.
The Abidjan Principles recall that: “States must prioritise the funding and provision
of free, quality, public education” (Guiding Principle 64). That is based on the practice of
treaty bodies, such as the Committee on the Rights of the Child, which recommended, for
instance, that Brazil “strictly prioritiz[e] the public education sector in the distribution of
public funds” (CRC/C/BRA/CO/2-4, para. 76). Furthermore, “the right to education does
not entail an obligation for the State to fund private instructional educational institutions”
(Guiding Principle 64), as also stated by the Committee on Economic, Social and Cultural
rights.50
59.
The Abidjan Principles further detail conditions under which States may still fund
private actors and list the type of actors that may be eligible for funding. Importantly,
institutions that are “commercially-orientated or pursue other commercial benefits, or
excessive personal gains” should generally not receive funding. As underlined by the
previous Special Rapporteur, “A differentiated approach to public-private partnerships is
necessary to distinguish partners with for-profit business interests in education from those
who are committed to a social interest in education, especially those with a genuine
philanthropic spirit” (A/70/342, para. 125). That approach also corresponds to the view, for
example, of the Committee on the Rights of the Child, which recommended that Haiti
guarantee that public-private partnerships “do not serve private interests or entail any form
of commercialization of education” (CRC/C/HTI/CO/2-3, para. 59).
48
49
50
Antoni Verger, Mauro Moschetti and Clara Fontdevila, “Unpacking PPPs’ effects on education: what
research on vouchers, charters and subsidies tells us” (forthcoming).
Public-Private Partnerships in Education in Developing Countries: a Rigorous Review of the
Evidence (2017).
See general comment No. 13, para. 54.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents