A/HRC/41/37
mainstream public education to set a timeline for the continuous improvement of such
standards and the formalization of the schools concerned within a short time.
88.
The Special Rapporteur encourages States to provide the necessary resources
to enforce their education regulations, in particular for commercial actors. Donor
States must absolutely refrain from intervening in any way to defend such commercial
actors, including those based on their territory, at the expense of the right to
education.
Accountability and remedies
89.
In implementing the Abidjan Principles, States should be mindful of setting an
accountability framework that is aligned with human rights, in accordance with
Overarching Principle 7. There must be judicial and non-judicial complaint
mechanisms for both public education and private involvement in education.
90.
Effective monitoring mechanisms must be in place and must be adequately
resourced to assess both the impact of each institution and the systemic effect of
private instructional educational institutions in the short and long term, looking at the
actual and potential impact on the right to education (Guiding Principle 85).
Monitoring should not be a mere procedural exercise. The results must be made
public and used by all relevant government entities, including the authorities at the
relevant level and the Ministry of Finance, to reform policies.
Private-public partnerships
91.
The Special Rapporteur considers that Sustainable Development Goal 17
should be implemented in accordance with the specificities of each of the areas of the
Sustainable Development Goals. With regard to education, the Special Rapporteur
emphasizes that public-private partnerships in education that focus on involving
private actors for service delivery have empirically largely failed, in particular in
fragile countries. States must prioritize the funding and provision of free, quality,
public education and may only fund private instructional educational institutions if
they comply with human rights and observe all the substantive, procedural and
operative requirements required by human rights law, as explained in overarching
Principle 5.
92.
Should States need additional financial or technical support, the Special
Rapporteur recommends that instead of focusing on school provision, States consider
partnerships that focus on the promotion of teacher training, capacity-building at the
public administration level, support services for schools, or family engagement in
education. Such partnerships should take place with non-commercial actors, such as
universities and education research centres, community organizations and local or
international NGOs.
93.
Where partnerships include the provision of private resources to public
institutions, such partnerships should meet the criteria set out in Guiding Principles
39–41. While private resources, whether financial or technical, providing support to
Governments appears to be a positive step, it also carries the risk that private actors
unduly influence the education curriculum and governance.
94.
States should ban commercial advertising and marketing in public and private
instructional educational institutions and ensure that curricula and pedagogical
methods and practices are not influenced by commercial interests (Guiding Principle
59).
Donors and partners
95.
Public money that is allocated through international cooperation should be
exclusively used to build and strengthen free, quality and inclusive public education
systems, in consultation with the rights holders concerned and in partnership with the
recipient country. Member States and multilateral institutions, such as the Global
18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents