A/HRC/41/37
considered as a tool to achieve their obligation to conduct impartial monitoring (Guiding
Principle 83).
72.
However, the Special Rapporteur is concerned about the increasing repression of
civil society and the shrinking civil society space, which also affects advocacy on issues
relating to the right to education. That not only often breaches human rights, but also
renders the implementation of the right to education and Sustainable Development Goal 4
less effective and encourages corruption and ineffective governance, which in turn risks
reducing the funds available to education from domestic sources and from donors.
73.
Support to private actors in education and public-private partnerships is often
justified as a means of addressing ineffective governance and corruption. However, there is
no other way to increase transparency and accountability in education but to have a vibrant
civil society able to independently monitor and dialogue with the authorities. If States,
donors and technical partners are serious about addressing corruption, they should support
and fund civil society, rather than resorting to privatization and funding commercial
schools, which is often used as a way to crush teaching unions and is accompanied by
opaque deals and even greater risks of corruption.
VI. Conclusions and recommendations
74.
As underlined in the Abidjan Guiding Principles on the human rights
obligations of States to provide public education and to regulate private involvement
in education, international human rights law requires States to provide quality, public
education. While room is left for private actors to offer educational alternatives,
States are required to regulate private involvement in education strictly by making
sure that the right to education is not undermined. States must ensure that private
education conforms to educational standards; that its existence does not jeopardize
the role of the State as educational guarantor; that it is not exploited to increase
inequality or injustice; and that the recipients of private education are its principal
beneficiaries. States are also required to reinforce public education systems and not to
segment them by generating material inequalities.
75.
Efforts made towards the realization of Sustainable Development Goal 4 and
other Sustainable Development Goals must be made accordingly. States must respect,
protect and fulfil the right to education at all times and cannot relinquish their
responsibilities in any circumstances.
76.
Where private actors are involved in education, the human rights framework
remains equally relevant and legally binding on States. While some private actors may
play a positive role, support the State in developing quality, public education and help
to fulfil the right to education, others, in particular commercial actors, constitute
serious threats to the right to education. They risk contributing to inequalities on a
large scale, undermining education progress and affecting peace and stability, the
democratic space and social cohesion, particularly in developing countries.
77.
The Special Rapporteur recommends that States use the Abidjan Guiding
Principles as a useful guiding tool in this respect. The Principles respond to the
Human Rights Council, which welcomed “the development by experts of guiding
principles and tools for States to implement the right to education” in its resolution
38/9.
78.
The Special Rapporteur calls upon States to review their laws, policies and
practices in accordance with the Abidjan Principles and to pilot projects for their
implementation. She hopes that the Human Rights Council will endorse the Abidjan
Principles and that some States, such as Côte d’Ivoire, will lead the way in
implementing them, as recommended in her report on her visit to that country
(A/HRC/38/32/Add.1).
79.
The Special Rapporteur also makes the following observations and
recommendations, which reflect the Abidjan Guiding Principles and its 10
overarching Principles (annexed to the present report).
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