A/HRC/29/30
case of the Bodh Shiksha community schools in India,34 they can also be integrated into
public schools. Ensuring quality in education is important in efforts to ensure “socialized”
education, as in Viet Nam, where efforts are made to increase financial and other forms of
support to schools in the community. Collaborations looking to pursue the social interest in
education can lead to public education systems being reinforced.35
68.
Moreover, educational establishments set up for philanthropic purposes, which are
not profit-driven but promote education as a societal good, are valuable for generating
social support for education. Public policies can promote the foundation of public utilities
devoted to the cause of education. Corporate social responsibility can support education
development and must be fully harnessed. All those valuing education as a public good and
a social cause as opposed to for-profit schools can be encouraged by an enabling
environment and good governance for developing education, in such innovative ways as
special trust funds created for the purpose of maximizing national investment in education.
VIII. Private providers and national legislation
69.
States remain primarily responsible for protecting the right to education. Many
countries have national legislation with provisions applicable to non-State providers of
education. In most cases, it is broadly conceived, covering freedom for religious and moral
education in accordance with article 13 (3) and (4) of the International Covenant on
Economic, Social and Cultural Rights and other international human rights conventions.
Except in a few cases, such provisions do not cover privatization in all its manifestations
and do not adequately address issues specifically related to the commercialization of
education. Laws on private providers exist in only a few countries.
70.
With little or no effective control, the negative effects of privatization on the right to
education in several countries can already be seen. For example, a phenomenal increase in
low-cost private schools in Pakistan, which now enrol over 40 per cent of all students, has
exacerbated inequities at all school levels, thereby heightening instabilities and violence in
conflict-affected provinces.36 In Nepal, private providers, who can register as companies
and sell education services, continue to flout government guidelines.37 The growth of feepaying, for-profit schools in Morocco is creating a system that privileges those with means,
with the risk of developing a two-speed education system.38 In South Africa, where private
schools have become increasingly popular among the middle classes, 39 the national human
34
35
36
37
38
39
12
See Coalition for Community Schools, “Community Schools: Partnerships for Excellence”. Available
from www.communityschools.org/assets/1/Page/partnershipsforexcellence.pdf. See also
www.bodh.org/stakeholder-development.php.
See Ta Van Tuan and Duong Thi Viet An, Socialization Policy and Access of the Rural Poor to
Education in Vietnam. Available from www.periglobal.org/role-state/document/socialization-policyand-access-rural-poor-education-vietnam.
See Irfan Muzaffar, Campaign for Quality Education in Pakistan, “World Bank funded private
schools in Pakistan undermining equity?”, 2 December 2013.
See Chandra Sharma Poudyal, “Nepali private schools and tolerated illegality”, Setopati. Available
from http://setopati.net/opinion/1792/. See also the parallel report submitted for the universal periodic
review of Nepal by National Campaign for Education-Nepal, the Global Initiative for Economic,
Social and Cultural Rights, the Sciences Po law school Clinic, and partners. Available from
http://bit.ly/1Gke0dn.
See Global Initiative for Economic, Social and Cultural Rights: Morocco, “Privatisation in education
in Morocco and the right to education: summary factsheet”. Available from http://goo.gl/MTGua8.
See www.news24.com/SouthAfrica/News/Curro-race-row-sparks-probe-at-private-schools-20150203.
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