A/HRC/29/30
B.
Prohibitive regulations
99.
Regulations must ban for-profit education and prohibit fee-based discrimination
because it creates and entrenches social and economic inequalities.76 Prohibitive regulations
can ban the registration of private schools as companies, the recruitment of unqualified
teachers or those employed in public schools, the closure of schools during an academic
year, indulgence in false commercial propaganda to lure insufficiently informed students
and parents,77 the charging of capitation fees and the extraction from students or parents of
any undeclared financial contribution over and above the approved fee. Regulations must
prohibit school selection on the basis of ability, social or ethnic origin, or any form of
psychometric tests.
C.
Punitive regulations
100. According to one scholar, “the failure to enforce and monitor the regulatory
framework within which private schools are to function has left the educational landscape
open to corrupt practice and manipulation”.78 In addition to being prescriptive and
prohibitive, the regulatory framework should also be punitive, including withdrawal of
operating licences for lack of compliance with regulations. This is necessary to control noncompliance with regulations as well as to take action against private providers who indulge
in fraudulent and corrupt practices, such as false declarations of profits or of salaries paid to
teachers and tax evasion. It is important that corrupt and fraudulent practices are
investigated, and operators and owners of schools who act illegally or abscond with student
fees are prosecuted in the criminal system.79
XI. Oversight and monitoring mechanisms
101. The lack of effective oversight and regulating mechanisms is one of the most
significant failures of States. In spite of regulations for registration and recognition, the
rapid growth of unregistered low-fee private schools in the developing world shows that
implementation gaps remain. The State has the responsibility to establish an oversight
mechanism for private schools and must ensure its laws are being complied with.
102. The Special Rapporteur urges public authorities, parent-teacher associations, civil
society groups and teachers’ unions to closely monitor publicity and false claims that
promote private providers in education. Public authorities should look into all cases of
commercial advertising in education and take action in all cases of misleading claims as to
quality education.
103. It is important that States carefully enforce laws, rules and regulations through
monitoring and enforcement. Governments should strengthen national human rights
mechanisms or ombudspersons to provide parents with a place to report suspected
violations, and empower such bodies to investigate allegations.
76
77
78
79
See http://globalinitiative-escr.org/advocates-from-91-countries-call-on-governments-to-stopeducation-profiteers/.
See in particular www.right-to-education.org/news/un-special-rapporteur-urges-states-ban-allcommercial-advertising-and-marketing-schools#sthash.0ahWXwSW.dpuf.
“Private schools for the poor”, p. 54.
Kenya highlighted that parents felt private schools could close down at any time because they existed
merely on the “whim of an individual”. See “The role and impact of private schools in developing
countries”, Day Ashley et al., “The role and impact of private schools”, p. 27.
19
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