A/HRC/41/37
30.
There are also an important number of national legislative measures that regulate the
growing number of private educational institutions.38
31.
The mandate on the right to education, for its part, dedicated three reports in 2014
and 2015 related to the growth of private actors in education, expressing concern about the
situation and warning that “it may not be an exaggeration to say that privatization is
supplanting public education instead of supplementing it” (A/69/402, para. 38). Building on
those reports, since 2015 the Human Rights Council has consistently called upon States to
address the impact of private actors in education through resolutions adopted by consensus,
with a significant number of States from all regional groups sponsoring them, signalling a
broad agreement on the issue. In resolution 29/7, the Council urged States to put in place “a
regulatory framework guided by international human rights obligations for education
providers that establishes, inter alia, minimum norms and standards for the creation and
operation of educational institutions”; and to support “research and awareness-raising
activities to better understand the wide-ranging impact of the commercialization of
education on the enjoyment of the right to education”. Crucially, it also recognized “the
significant importance of public investment in education, to the maximum of available
resources”. In resolution 32/22, the Council added that the regulatory framework should
apply to education providers “operating independently or in partnership with States” and
requested States to address “any negative impact of the commercialization of education and
strengthen[s] access to appropriate remedies and reparation for victims of violations of the
right to education”. It further urged all States to hold accountable education providers
“whose practices have a negative impact on the enjoyment of the right to education. In
resolutions 35/2 and 38/9, the Council maintained similar wording, specifying in resolution
38/9 that the regulatory framework should apply to all education providers.
32.
Human rights therefore provide a solid framework of legally binding obligations
with regard to the role of States and private actors that must guide the implementation of
Sustainable Development Goal 4. The right to education can help to identify, prevent and,
when necessary, demand accountability for practices, such as the growth of commercial
school chains, that seriously threaten human rights and social cohesion. Other situations
demand a careful assessment and the human rights framework possesses qualities that make
it a particularly useful tool for policymakers: it is a legally binding framework almost
universally ratified; it provides a basis for discussion beyond some of the entrenched
ideological positions; and it allows assessments to be made with the necessary level of
subtlety, flexibility and pragmatism.
33.
The right to education unambiguously prohibits two extreme positions: the
destruction of public education and the nullification of the liberty to choose and establish
private educational institutions. Such situations would not be in conformity with human
rights standards. Between those positions, there is a wide range of possibilities, where
private and public actors may exist, which demand a careful assessment to determine how
to fulfil the right to education.
V. The Abidjan Principles: a guiding tool to implement the
Sustainable Development Goals in accordance with the
obligation of States to provide public education and to
regulate private involvement in education
34.
On 13 February 2019, the Abidjan Principles on the human rights obligations of
States to provide public education and to regulate private involvement in education were
38
Discrimination against Women, general comment No. 36 (2017) on the right of girls and women to
education, paras. 38–39, and Committee on Economic, Social and Cultural rights, general comment
No. 24, para. 22.
See Right to Education Project, National Legislation on Private Provision of Education (March
2016), available at www.right-to-education.org/sites/right-to-education.org/files/resourceattachments/RTE_National_Legislation_on_Private_Provision_of_Education_All_Regions_2016.pdf.
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