A/HRC/29/30 actors providing basic education have an obligation not to infringe on the students’ right to education.66 89. In a landmark decision, the Supreme Court of India ruled that when the Government grants recognition to private educational institutions, it creates an agency to fulfil its obligation to enable the citizens to enjoy the right to education: “Charging a capitation fee in consideration of admission to educational institutions is a patent denial of a citizen’s right to education under the Constitution”.67 90. The Constitutional Court of Colombia ruled in 1997 that excluding pupils from schools on an economic basis only violates their enjoyment of the right to education. 68 The Court also ruled that because of the fundamental character of the right to education, private schools are bound by specific constitutional obligations. 69 91. Courts in the United States have also ruled that using public money to fund private school tuition vouchers is unconstitutional, and that public money being so used should instead go to public schools.70 92. Independent judicial systems and independent human rights mechanisms are necessary for ensuring that laws and regulations are enforced. It is also important that judges be well-versed in the international obligations of States on the right to education. Regulations on private providers should be widely publicized so as to make them better known, especially among parents, teachers and community members and organizations, and should allow for any entity or individual to initiate legal action in cases of abusive or illegal practices by private providers. Supporting public interest litigation safeguarding the right to education against forces of privatization is also important. X. Regulatory framework for governing private providers, centred on education as a public good 93. The commercialization of education by all kinds of for-profit operators or with objectives contrary to international commitments by States and national values must be stopped and sanctioned. Corruption by private providers continues owing to a lack of regulations and monitoring, oversight and control mechanisms. As a result, the delivery of primary or basic education can be made a family business by running a school in a private house. Furthermore, few Governments have satisfactory regulations on tutoring by private tutorial companies. Regulations for such companies are also necessary. 71 66 67 68 69 70 71 See Governing Body of the Juma Musjid Primary School and Others v Essay N.O. and Others, case CCT 29/10 (2011), especially para. 57. See Miss Mohini Jain v. State Of Karnataka And Ors, AIR 1858, 1992 SCR (3) 658. Judgement C-560/97, ruling on a constitutional challenge to article 203 (partial) of Law No. 115 of 1994. Colombian Constitutional Court, case T-211/95, 12 May 1995. Ruling by Louisiana Supreme Court, May 2013. See www.washingtonpost.com/blogs/answersheet/wp/2013/05/07/louisiana-supreme-court-rules-school-voucher-funding-unconstitutional/. See Mark Bray and Ora Kwo, “Regulating Private Tutoring for Public Good: Policy Options for Supplementary Education in Asia” (Bangkok, UNESCO Asia and Pacific Regional Bureau for Education, 2013). 17