A/HRC/41/37
Meeting the obligation to provide free, quality, public education under Sustainable
Development Goal 4
80.
The right to education requires States to deliver free, quality, public education
for everyone. The commitment of States under Sustainable Development Goal 4 to
“ensure the provision of 12 years of free, publicly funded, equitable quality primary
and secondary education” must be understood to require free, publicly funded,
quality public education.54
81.
States should significantly increase their funding for public education. While
appearing attractive on the face of it, private funding linked to private provision of
education to fill the funding gap is not sustainable and poses major risks. Public
funding must meet not only the targets set out in the Education 2030 Framework for
Action, such as 20 per cent of the budget for education, but also reflect the obligation
to provide the maximum available resources for education. In some cases, this may
mean a larger amount of funding, in particular in contexts where there are large
untapped resources and the needs in public education are high.
82.
States should address the determinants of access to quality public education, as
recalled in Guiding Principle 33. That requires the adoption of effective measures to
respect, protect and fulfil other rights, such as the rights to work, social security, food,
housing, health and water and sanitation. In particular, desegregating housing policies
should be implemented, in accordance with the right to housing, and the allocation of
space for public schools should be planned. Such plans for the development of public
schooling must be made public.
Monitoring of and research on private actors
83.
States, as they develop and implement regulations, should identify and
distinguish private educational instructional institutions according to their actual
operations, and not only their formal status. More research is needed on this issue, but
the Special Rapporteur considers that the concept of commercial educational
institutions provides a solid starting point, which should make it possible to identify
trends and challenges.
84.
It is important that States consider and assess the short and long-term systemic
impact of private institutions, and pass regulations that respond to such systemic
impacts. Such assessments should not narrowly focus on quantitative, measurable,
outcomes, such as test results, but include quantitative assessments on a broad range
of indicators, including in particular indicators to measure the realization of the rights
to equality and non-discrimination at a systemic level.
Regulation of private actors
85.
All States should develop and implement adequate regulations for the
involvement of private actors, in line with the Abidjan Principles. Guiding Principle
55 establishes a checklist for such regulations and the Special Rapporteur encourages
States to review their regulatory framework against it.
86.
Where private educational institutions do not comply with applicable standards
and regulations, States must require them to do so in the shortest possible time. States
should encourage compliance through measures such as providing appropriate advice
and offering support tools and management assistance, or, if non-compliance persists,
by enforcing penalties. Where private educational institutions are unable or unwilling
to comply with such measures, States should close those institutions, following due
process, as recalled in Guiding Principle 60, and having ensured that there is
continued enjoyment of the right to education for all affected learners.
87.
The Special Rapporteur encourages States that have adopted particular
regulations aimed at facilitating the integration of non-formal schools into
54
See 2030 Incheon Declaration and Framework for Action, preamble, para. 6.
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents