A/HRC/29/30
11.
Fostering the justiciability of the right to education and public interest litigation
129. As already stated by the Special Rapporteur, the right to education is
justiciable and Governments can usefully draw upon jurisprudence in formulating
laws, regulations and policies for regulating private providers (A/HRC/23/35). When
State obligations are incorporated into national legal systems, defending the
right to education vis-à-vis private providers becomes easier. Rules and
regulations that govern private schools must be easily available, and avenues outside
of costly court systems must be created to allow parents, communities and civil society
to bring complaints to public authorities.
130. In order to defend the right to education vis-à-vis operations of private
education providers, the State should facilitate and promote public interest litigation,
by providing legal aid or by supporting civil society entities that provide such a role.
The State should also support legal clinics in law schools that seek to research and
enforce the right to education in courts as a cost-effective way of promoting public
interest in education.
12.
Engaging with parliamentarians
131. Parliamentarians, particularly members of education commissions or
committees, play a key role in laying down regulatory frameworks for controlling
private providers in education, as well as overseeing their implementation. Their
advocacy for such a framework is very valuable. States should empower
parliamentary committees to monitor private education providers, to ensure the right
to education is fully respected, protected and fulfilled in the country.
13.
Encouraging and supporting the role of intellectual community and civil society
organizations
132. The Special Rapporteur calls upon civil society organizations and the
intellectual community, as well as students, parents and community associations, to
expose the negative effects of private providers in education. He encourages them to
voice their concerns more strongly and widely as an essential function of the social
compact for education in an endeavour to forge a global movement against the
commercialization of education. Their advocacy work for fostering social justice and
equity is valuable to counter market-based approaches in education. Research, events
and expert consultations on the effects of privatization on the exercise and enjoyment
of the right to education should be encouraged and supported.
24
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