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

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