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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