A/HRC/35/24/Add.1
107. The Superintendent of Education should have the authority to ensure the
accountability of private providers of education. Nationally designated authorities
should undertake full-scale investigations of fraudulent practices, including tax
evasion by private providers of education. Chile should ensure that the financial
operations of all private educational establishments are regularly scrutinized and that
the resulting information is publicly shared.
Reporting obligations of private educational establishments
108. Regulations should prescribe full financial and performance reporting
requirements for all private educational establishments. It should be obligatory for all
such establishments to report regularly to the designated public authorities on their
financial operations, in line with prescriptive regulations, and to declare, in a fully
transparent manner, that they are not engaged in for-profit education.
Promoting the justiciability of the right to education
109. The right to education is a justiciable right, and public policies should promote
its justiciability so that any person can approach a court of law to enforce their right
in case of violation, especially by a private educational establishment. The judiciary
and quasi-judicial bodies such as the National Human Rights Institute and the office
of the ombudsperson, which is provided for in the forthcoming law on the rights of the
child, should be encouraged to look into violations of the right to education suo moto.
Recommendations made by such mechanisms should be implemented by the
Government.
Establishing a legal framework for financing education
110. The provision of adequate resources for education is indispensable in the
pursuit of the reforms, as the Government will need to devote many more resources in
order to extend good quality public education, including technical higher education.
Chile should build on tax reforms as an important measure for increasing the national
budget for education.
111. Public policies and schemes can be devised to encourage the corporate sector to
assume its social responsibility and to contribute to domestic resources for education,
as is the case in several countries.
112. Given that Chile has adopted new education laws, it is necessary for it to adopt
a law on financing education. Such a law would ensure that public resources for
education are available on a durable and sustainable basis, especially considering that
education is not only a right in itself, but is essential for the exercise of all other
human rights.
Extending opportunities for good quality public education
113. In order to completely dismantle for-profit education, Chile should extend
opportunities for good quality public education. It must build trust in the public
education system as a provider of quality education. If good quality public education,
which is a core responsibility of the State, is freely available, there is no reason why
any parent would want to opt for private education.
114. Chile should develop standards for quality assurance and a national
qualifications framework along with a system of assessment for technical and
vocational education and training that is equally applicable throughout the country.
Publicizing laws in the field of education
115. The new education laws should be widely publicized in order to create greater
public awareness about the right to education as a constitutional right. Ideally, Chile
should share its experience and its new education model with other countries and with
the international community.
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