A/HRC/29/30
75.
As has been done in law in some countries,48 conditions under which private schools
can operate must be fixed by the State. In the Netherlands, for-profit, privately funded
schools, rather than private schools established for a specific religion, philosophy or
educational ethos, must meet the conditions laid down and obtain approval from the
education inspectorate if they wish to provide education to students of compulsory school
age.
A.
Education as a public good
76.
The concept of education as a public good can wield greater force when enshrined in
the national legal system. National legislation in several countries embodies this concept,
and must become more common. For example, the Constitution of Ecuador, which ushered
in a new human rights-based model for the State (see A/HRC/WG.6/13/ECU/1, para. 4),
establishes that education shall respond to the public interest and will not be subservient to
individual or corporate interests.
77.
Similarly, the Act on National Education of 2006 in Argentina provides that
education and knowledge are public goods guaranteed by the State and that private
management will be based on objective criteria of social justice. The law in the Dominican
Republic stipulates that the State must primarily promote education as a “common good”.49
In some countries, private education is required to be a service of “public utility”,50 which
thus forbids for-profit education. The concept of education as a social good is also reflected
in the Constitution of Brazil.
B.
Abolishing for-profit education
78.
For-profit education is contrary to the concept of education as a public good, and the
Special Rapporteur would like to mention national legislation in several countries that
outlaws for-profit schools. For example, the Education Act of the Bahamas51 establishes
that “the school shall not be established or maintained for the private profit of any person or
persons”. In Qatar, private schools are required to be authorized by the Supreme Education
Council and “shall not be profit-oriented”.52 The Education Law of China provides that
“educational activities must conform with the public interest of the State and society” 53 and
that “no organization or individual may operate a school or any other type of educational
institution for profit”.54 National legislation and policies in Finland give paramount
importance to education as a public function of the State and as a public good. The law in
Finland states that “basic education may not be provided in pursuit of financial gain”.55
48
49
50
51
52
53
54
55
14
For example, Law No. 2004/022 (2004) of Cameroon (art. 5); the Angolan Education Law of
31 December 2001; Law No. 1/19 of Burundi (art. 4).
Organic Law of Education No. 66 of 1997 (art. 7).
Constitution of Gabon (as revised in 2011) (art. 1, para. 19); the Framework Law No. 14/004 (2014)
of the Democratic Republic of the Congo (art. 137); and Law No. 2004/022 (2004) of Cameroon
(art. 2).
See http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/1962/19620015/EducationAct_1.pdf.
Law No. 11 pertaining to independent schools (2006) (art. 2).
See www.chinaeducenter.com/en/edulaw/law1.php.
See www.chinaeducenter.com/en/edulaw/law3.php.
Section 7 of the Basic Education Act 628/1998. See
www.finlex.fi/en/laki/kaannokset/1998/en19980628.pdf.
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