A/HRC/29/30
5.
Engaging the community in expanding public educational opportunities
123. When States alone cannot fully meet public demand for education, community
schools should be encouraged, as they can play a meaningful complementary role.
Public authorities should, therefore, engage with communities for the realization for
the right to education. Similarly, the foundations of public utilities established for
philanthropic motives should be encouraged to contribute to education as a public
good.
6.
Preserving education as a public good and fostering the humanistic mission
of education
124. Public authorities should not allow the pursuit of material values to the
detriment of a humanist mission of education or the propagation by private schools of
a value system solely conducive to the market economy, with learning systems devoid
of cultural diversity. States must ensure that the education imparted in private schools
is in conformity with the objectives of education laid down in the Universal
Declaration of Human Rights and in international human rights conventions.
7.
Reporting obligations of private providers
125. Regulations should prescribe full financial and performance reporting
requirements for all private schools. It should be obligatory for all private providers
to report regularly to designated public authorities on their financial operations, in
line with prescriptive regulations, covering matters such as school fees collected and
salaries paid to teachers, and to declare, in a fully transparent manner, that they are
not engaged in for-profit education.
8.
Strengthening human rights control mechanisms
126. Governments should strengthen existing human rights mechanisms such as
national human rights institutions and ombudspersons or create special mechanisms
to regularly oversee operations of private providers. Such mechanisms should have
suo motto investigatory power, with a mandate to look into alleged violations by
private providers and any abusive practices. Recommendations made by such
mechanisms should be implemented by Governments.
9.
Monitoring of privatization and human rights treaty bodies
127. The Special Rapporteur would like to urge the United Nations human rights
treaty bodies to give special consideration during their dialogues with States to the
negative impacts of private providers and whether their operations are regulated and
controlled in accordance with human rights law and internationally established
frameworks of the right to education.
10.
Monitoring of privatization and universal periodic review
128. The Special Rapporteur considers it important, in the context of the universal
periodic review, to look at the negative effects of privatization on the right to
education in countries under review and for Governments to regulate private
providers and safeguard education as a public good. State obligations for respecting,
protecting and fulfilling the right to education, particularly in the context of
privatization, should be a priority concern in such reviews.
23
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