A/HRC/35/24/Add.1
led to a highly segregated and discriminatory education system. The Special
Rapporteur welcomes the new model of education embraced by the Government,
embodying the vision of President Bachelet, which recognizes education as a right, not
as a commodity, and in which for-profit education should have no place. The Special
Rapporteur is encouraged to see that the emerging national legal system is in
accordance with international standards, which constitute the basis of the reforms.
99.
The Inclusive Education Act of 2015 is a significant step in the reform process
in that it ensures everyone’s entitlement to have access to public education without
discrimination or exclusion, free of charge. The right to education is therefore no
longer determined by economic situation or social status.
100. Likewise, the focus on promoting quality at all levels of education in Chile is a
welcome development. Policies and laws are being designed to broaden access to
public higher education and budgetary support is being increased for candidates from
disadvantaged backgrounds. The opening of new public technical education centres is
also an important token of the Government’s commitment to creating new avenues of
public education geared to skills development. In addition, new laws and policies
currently under development enrich the aims of education with human values and
ethics and civic education, as well as professional development for the teaching
profession.
101. The challenges implicit in the effective implementation of laws in the field of the
right to education, especially the Inclusive Education Act, are enormous in ensuring
equitable opportunities for education to all those who remain underserved, especially
the victims of poverty. Building an inclusive education system is indeed a demanding
task, and one in which the Government should spare no effort. Giving concrete shape
to the reform agenda calls for more effective implementation of the new laws to
promote education as a core public function and to ensure that all private providers
assume their social responsibility in the provision of education. Chile must take all
possible measures to discharge its responsibility as the guarantor and regulator of
education as everyone’s fundamental human right. Education as a public good should
be safeguarded across the entire education system.
102. Bearing in mind those conclusions and the issues highlighted in the present
report, the Special Rapporteur makes the recommendations set out below.
Putting an end to for-profit education in all private educational establishments
103. The State should take appropriate legislative and policy measures to prohibit
for-profit education at all levels of education and in all private educational
establishments. As many private providers seek to maximize profits from education,
strict rules and regulations are required to control the financial operations of all
private educational establishments, whether or not they are subsidized.
104. The Government should step up the reforms so as to eradicate all profit-seeking
forces in all private educational establishments, irrespective of whether they receive a
State subsidy, and so as to restore education as a core public function and social
responsibility.
105. It is important to look into public procurement policies and their applicability
to private providers of education. The State is the legitimate authority to exercise
regulatory power covering all aspects of the education system.
Controlling abusive practices
106. The State should develop strict rules and regulations to control revenue
accruing to private schools, especially by way of fees charged and revenues accruing
to such providers. The regulatory framework should be prescriptive, prohibitive and
punitive so that private providers abide by the law and do not violate the norms and
principles of the right to education. Financial fraud and covert corrupt practices in
education must be rigorously investigated with transparency and full accountability,
and those found guilty of indulging in such practices must be brought to justice.
17
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