A/HRC/29/30 1. Provision of education as the State’s responsibility 115. The State remains primarily responsible for fulfilling the right to education on account of its international legal obligations. Governments should not allow low-fee private schools and should restore education as their essential public service function. The provision of basic education free of cost is not only a core obligation of the State, it is also a moral imperative. The State must discharge its responsibility as guarantor and regulator of education as a fundamental human right of every child. 2. Regulatory framework centred on education as a public good 116. States should put in place an elaborate framework of regulations that are prescriptive, prohibitory and punitive, in order to control private providers. 117. Prescriptive regulations clearly establish conditions under which private providers may be permitted to operate within a country, as well as minimum norms and standards with which schools must comply. In the absence of such regulations, unregistered schools may proliferate. Laws on education should spell out the duties and responsibilities of private providers vis-à-vis communities, students, teachers and societies at large. 118. Prohibitory regulations are necessary to outlaw and stop discriminatory practices, for-profit education and false commercial propaganda. Education is a public function and a social responsibility. No private provider should be allowed to establish for-profit education and aggrandize private interests to the detriment of public interest. 119. Punitive measures are necessary to ensure compliance with standards and the law. Sanctions must be applied when private providers perpetuate social injustices, while criminal proceedings are necessary for fraudulent and corruption practices. 3. Controlling abusive practices 120. Nationally designated authorities should undertake full-scale investigations of fraudulent practices, including tax evasion by private providers who reap profits in the name of education. States should ensure that the financial operations of all private providers are regularly scrutinized and that this information is publicly shared. 121. As noted in a recent study,82 the UNESCO International Institute for Educational Planning should undertake a full-scale investigation of corruption in privatized education and of the fraudulent and corrupt practices of private providers. 4. Revitalizing and valorizing education as an essential public service 122. Learning from the devastating impact of structural adjustments on education as an essential public service, and in the face of the prevalent market ideology and surging privatization in education, States must expand educational opportunities, recognizing the paramount importance of public investment in education as their essential obligation. Under no circumstances should a State provide financial support to private providers of education or allow private companies to operate multiple schools. 82 22 Hallak and Poisson, “Corrupt schools, corrupt universities: what can be done?”.