A/HRC/29/30
I. Introduction
1.
During the past decade there has been a rapid increase in the number of private
providers of education in many developing countries, with many schools and educational
establishments not being registered and being funded and managed by individual
proprietors or enterprises. Such providers are distinct from other non-State actors, such as
religious institutions, non-governmental organizations (NGOs), community-based groups,
foundations and trusts. As a result, education is being commercialized and for-profit
education is flourishing as an attractive business, with scant control by pubic authorities. In
the present report, the Special Rapporteur looks at the rapid growth in private providers,
which is resulting in the commercialization of education, and examines the negative effects
of such commercialization on the norms and principles and legal frameworks underlying
the right to education as established by international human rights treaties. He also
highlights the repercussions of privatization on the principles of social justice and equity,
underlining the need for safeguarding education as a public good.
2.
Building upon his 2014 report to the General Assembly (A/69/402), the Special
Rapporteur analyses education laws and evolving jurisprudence related to privatization.
Finally, he offers a set of recommendations for developing effective regulatory frameworks
for controlling private providers in education, in keeping with State obligations on the right
to education as laid down in international human rights conventions.
II. Recent activities carried out by the Special Rapporteur
3.
During the reporting period, the Special Rapporteur undertook missions to Algeria
and Bhutan. In his 2014 report to the General Assembly, he wrote about the negative
impact of private providers on the norms and principles of education, the underlying legal
framework of the right to education and the importance of preserving education as a public
good.
4.
Since his last report, the Special Rapporteur has participated in a number of public
events on education and continued collaborating with States, international organizations
and NGOs.
5.
On 16 and 17 April 2014, he was a panellist at the briefing for delegates on the post2015 development agenda organized by the United Nations Institute for Training and
Research (UNITAR) in New York, where he spoke on education.
6.
On 6 May, he gave the opening address at a colloquium on lifelong learning
organized by the education faculty of Mohammed V University in Rabat.
7.
From 12 to 14 May, in Muscat, he participated in a meeting entitled “Education for
all and the post-2015 development agenda”, organized by the United Nations Educational,
Social and Cultural Organization (UNESCO) in cooperation with the Government of
Oman. During the ministerial and leaders’ session, he highlighted key issues and
challenges.
8.
On 14 May, he participated in a briefing for delegates on the post-2015 development
agenda organized by UNITAR in Geneva. As a panellist, he talked about education and
participated in a dialogue with participating delegates.
9.
On 16 May, he addressed the opening of the event on global citizenship education
entitled “Enabling conditions/perspectives”, co-organized by UNESCO and the Permanent
Delegation of Austria to UNESCO.
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