A/HRC/35/24/Add.1 authority to supervise the utilization of the subsidy. Subsidy recipients are required to maintain accounts of the subsidies, which are intended exclusively for educational purposes. If profit-making in education is to be eliminated, those accountability obligations need to be extended to all private educational establishments, whether or not they receive subsidies from the State. 92. It is also important to look into practices concerning the payment of rent for school buildings in private schools and to regulate such transactions and school management, taking a stringent approach based on legitimacy and fairness. The Special Rapporteur trusts that any entity establishing a private school, irrespective of whether it receives a State subsidy, is required to be duly registered with the competent public authorities as a recognized legal entity with all the accountability that goes with that status. 93. The need for a stringent regulatory system is demonstrated by the closure of the Universidad del Mar. Following endorsement by the National Accreditation Committee in 2010 regarding the quality of undergraduate teaching and the institutional standing of the university, students enrolled at the university were able to access State assistance programmes to finance their education. In May 2012, an auditing and supervision process culminated in legal proceedings against the university on the grounds that it had illegally accessed accreditation. The charges included the concurrent use of State resources in the university’s operations and serious non-compliance with its academic commitments. The academic authorities were found to lack adequate training and some were operating with fake degrees.17 Such cases must be avoided in other higher education institutions and steps taken to prevent them from fraudulently accessing accreditation, or legally accessing accreditation but for a few years only. F. Main parameters of the regulatory framework 94. Abusive and fraudulent practices may be closely linked to the pursuit of education for profit and should be effectively sanctioned. A comprehensive, sound regulatory framework with a system of sanctions is necessary to ensure that “edu-business” has no place in any education system. Such a framework should be prescriptive, prohibitive and punitive. Prescriptive regulations should clearly establish the conditions under which private providers may be permitted to operate within the framework of international human rights law and constitutional law. Human rights instruments include binding minimum norms and standards with which private educational establishments must comply. 95. Prohibitive regulations are necessary to outlaw for-profit education and curb false commercial propaganda. Such regulations must impose a ban on exorbitant fees such as those currently charged in some Chilean private universities. 96. Punitive measures are necessary to ensure compliance with the law and to ensure that fraudulent practices are punishable and the perpetrators brought to justice. Nationally designated authorities should undertake full-scale investigations of fraudulent practices, defining appropriate sanctions. Sanctions with criminal proceedings may be necessary for fraudulent and corrupt practices that jeopardize the realization of human rights. X. Conclusions and recommendations 97. It is of paramount importance to safeguard the right to education fully against the forces of privatization, and to maintain education as a public good in line with obligations under international human rights law. 98. The unprecedented education reforms being ushered in in Chile are laudable in that they will dismantle the legacy of market-based approaches in education that have 17 16 National Human Rights Institute, “Complementary report: International Covenant on Economic, Social and Cultural Rights”, March 2014, p. 53. Available at http://tbinternet.ohchr.org/Treaties/ CESCR/Shared%20Documents/CHL/INT_CESCR_IFL_CHL_18457_E.pdf.