A/HRC/29/30
A.
Non-discrimination
57.
Discrimination based on race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status is prohibited in
international human rights conventions, including the International Covenant on Economic,
Social and Cultural Rights (art. 2 (2)). Private providers do not respect the prohibited
grounds of discrimination and violate fundamental principles of non-discrimination in
human rights law: social origin, economic condition, birth or property are the preponderant
factors in allowing access to private schools. It is the obligation of States to ensure the right
to education without discrimination or exclusion. Privatization in education also has
repercussions on girls’ right to education, as families prioritize the education of boys over
girls. Any scheme of “vouchers purported to provide economically disadvantaged parents
the means to select a private school in fact promotes group differentiation”.26
B.
Equality of opportunity in education
58.
Privatization widens disparities in access to education. Private providers disregard
the fundamental principle of equality of opportunity in education common to almost all
international human rights treaties (A/HRC/17/29 and Corr.1). Inequalities in opportunities
for education will be exacerbated by the growth of unregulated private providers of
education, with economic condition, wealth or property becoming the most important
criterion in access to education.
59.
States have obligations to ensure that the liberty of providing education set out in
article 13 (4) of the International Covenant on Economic, Social and Cultural Rights does
not lead to extreme disparities of educational opportunity for some groups in society. 27
Pursuant to Human Rights Council resolution 17/3, they should give full effect to the right
to education by, inter alia, promoting equality of opportunity in education in accordance
with their human rights obligations.
C.
Social justice and equity
60.
Education is instrumental in “promoting development, social justice and other
human rights”.28 Privatization stymies the principle of social justice, which is at the core of
the global mission of the United Nations to promote development and human dignity. Lowfee private schools “not only constrain social justice in education, favouring access for
some over others, but also social justice through education” as their raison d’être is
“monetizing access” to education. This aggravates inequality through the structural
exclusion of certain groups, entrenching a neoliberal vision of society.29
61.
In the outcome document of the United Nations Conference on Sustainable
Development, entitled “The future we want” (General Assembly resolution 66/288, annex),
the General Assembly underlined the importance of the right to quality education and
expressed the resolve of the international community to work for a world that is just,
26
27
28
29
10
Macpherson, “Interrogating the private-school ‘promise’”, p. 21.
See Committee on Economic, Social and Cultural Rights, general comment No. 13 on the right to
education, para. 30.
See Transparency International, Global Corruption Report: Education (Abingdon, Oxon, Routledge,
2013). See also Jacques Hallak and Muriel Poisson, “Corrupt schools, corrupt universities: what can
be done?” (International Institute for Educational Planning, UNESCO Publishing, 2007).
Macpherson, “Interrogating the private-school ‘promise’”, p. 296.
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