A/HRC/29/30
104. Parliamentarians have a crucial role to play in safeguarding the right to education by
passing necessary legislation and, especially, by ensuring that for-profit education is
outlawed, taking up questions related to enforcing laws, rules and regulations.
Monitoring privatization in education and United Nations human rights
treaty bodies
105. The repercussions of privatization in education and the need for regulation is being
increasingly recognized by the United Nations treaty bodies, notably the Committee on the
Rights of the Child, the Committee on the Elimination of Discrimination against Women
and the Committee on Economic, Social and Cultural Rights. Thus, in its concluding
observations with respect to Morocco (CRC/C/MAR/CO/3-4), the Committee on the Rights
of the Child expressed concern with the rapid expansion of private education, especially at
the primary level, without the necessary supervision, leading to the reinforcement of
inequalities in the enjoyment of the right to education. The Committee on Economic, Social
and Cultural Rights has also sought information from Morocco about the development of
private education and on the impact of privatization on education system (see
E/C.12/MAR/Q/4).
106. The questioning of the privatization of education in Ghana by both the Committee
on the Elimination of Discrimination against Women (see CEDAW/C/GHA/Q/6-7) and the
Committee on the Rights of the Child (see CRC/C/GHA/Q/3-5) is a welcome development.
In October 2014, the Committee on the Rights of the Child asked Ghana to provide detailed
information on the reasons behind the increase in private education, which limits access to
quality education for children who cannot afford private school tuitions (ibid.). The
Committee on Economic, Social and Cultural Rights has asked the Government of Uganda
to provide information on the impact of the growth of private education on the right to
education of girls and children living in poverty (see E/C.12/UGA/Q/1).
107. The Special Rapporteur would like especially to urge the Human Rights Council
that, in the context of the universal periodic review, noted that it is crucial to inquire about
the negative impacts of privatization on the right to education in countries under review and
measures taken by Governments to regulate private providers and safeguard education as a
public good. State obligations for protecting right to education, particularly in the context of
privatization, must be a central concern.
XII. Post-2015 development agenda
108. Education provided by private proprietors or enterprises is neither free nor equitable
and the Special Rapporteur welcomes the proposal of the Open Working Group on
Sustainable Development Goals to ensure, by 2030, that all girls and boys complete free,
equitable and quality primary and secondary education leading to relevant and effective
learning outcomes, as well as to ensure inclusive and equitable quality education and
promote lifelong learning opportunities for all (see A/68/970 and Corr.1, goal 4 and target
4.1). The underlying obligation for States to realize the right to education, including
through enhanced public investment in education as an essential prerequisite, must be
emphasized.
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