A/HRC/41/37 I. Introduction 1. The present report is presented pursuant to Human Rights Council resolutions 8/4, 35/2 and 38/9. In it, the Special Rapporteur on the right to education examines the implementation of the right to education and Sustainable Development Goal 4 in the context of the growth of private actors in education. 2. The Special Rapporteur chose this topic as an expression of concern about the persistent underfunding of public education and the rapid growth of the involvement of private, in particular commercial, actors in education, which threaten the implementation of the right to education for all and Sustainable Development Goal 4. She pursues the reflection undertaken by her predecessor on this topic, moving to issues of implementation and solutions, in the context of Sustainable Development Goal 4. 3. She draws the attention of the Human Rights Council and of Member States to the Abidjan Principles on the human rights obligations of States to provide public education and to regulate private involvement in education, which were adopted in February 2019. The principles provide a landmark consolidation of the norms and jurisprudence on the right to education and an innovative reference tool for States and other stakeholders to explore concrete solutions to implement this right in a changing context. II. Sustainable Development Goal 4 and the right to education 4. As part of the 2030 Agenda for Sustainable Development, the Education 2030 Agenda, contributes to moving forward the full realization of the right to education, as millions are still denied the right to education and the worst forms of discrimination still affect marginalized people and communities. In addition to Sustainable Development Goal 4, which seeks to ensure inclusive and equitable quality education and promote lifelong learning opportunities for all, States adopted the Education 2030 Framework for Action, which details its implementation.1 5. The Special Rapporteur recalls the importance of implementing Sustainable Development Goal 4 in accordance with human rights, which is not only a State obligation but also essential to tackle educational inequalities effectively, guarantee both access and quality education and ensure accountability. The Human Rights Council, in resolution 38/9, linked the obligations of States related to the right to education with their political commitments under the 2030 Agenda for Sustainable Development and more precisely with Sustainable Development Goal 4.2 The General Assembly itself has emphasized that the 2030 Agenda for Sustainable Development is to be implemented in a manner consistent with the rights and obligations of States under international law. 3 Numerous stakeholders have also adopted this approach, in particular the human rights treaty bodies (See, for example, CRC/C/COD/CO/3-5 and CEDAW/C/NER/CO/3-4), as well as the United Nations Educational, Scientific and Cultural Organization (UNESCO), which recognized the Convention against Discrimination in Education as the cornerstone of Sustainable Development Goal 4 and education-related targets across the other Sustainable Development Goals. 6. Education is a human right legally recognized by States in numerous human rights treaties and in national constitutions. The political goals set through Sustainable Development Goal 4 should be considered as a means of implementing that right: “The fact that States commit both politically and legally to education does not mean that measures taken to comply with the realization of either are mutually exclusive. Rather, these commitments aggregate and interact with each other, requiring States to ensure that efforts 1 2 3 2 See Education 2030: Incheon Declaration and Framework for Action for the implementation of Sustainable Development Goal 4 (2015). See paras. 2 (a) and (e), 3 and 8. See General Assembly resolution 70/1, para. 18.