A/HRC/29/30 75. As has been done in law in some countries,48 conditions under which private schools can operate must be fixed by the State. In the Netherlands, for-profit, privately funded schools, rather than private schools established for a specific religion, philosophy or educational ethos, must meet the conditions laid down and obtain approval from the education inspectorate if they wish to provide education to students of compulsory school age. A. Education as a public good 76. The concept of education as a public good can wield greater force when enshrined in the national legal system. National legislation in several countries embodies this concept, and must become more common. For example, the Constitution of Ecuador, which ushered in a new human rights-based model for the State (see A/HRC/WG.6/13/ECU/1, para. 4), establishes that education shall respond to the public interest and will not be subservient to individual or corporate interests. 77. Similarly, the Act on National Education of 2006 in Argentina provides that education and knowledge are public goods guaranteed by the State and that private management will be based on objective criteria of social justice. The law in the Dominican Republic stipulates that the State must primarily promote education as a “common good”.49 In some countries, private education is required to be a service of “public utility”,50 which thus forbids for-profit education. The concept of education as a social good is also reflected in the Constitution of Brazil. B. Abolishing for-profit education 78. For-profit education is contrary to the concept of education as a public good, and the Special Rapporteur would like to mention national legislation in several countries that outlaws for-profit schools. For example, the Education Act of the Bahamas51 establishes that “the school shall not be established or maintained for the private profit of any person or persons”. In Qatar, private schools are required to be authorized by the Supreme Education Council and “shall not be profit-oriented”.52 The Education Law of China provides that “educational activities must conform with the public interest of the State and society” 53 and that “no organization or individual may operate a school or any other type of educational institution for profit”.54 National legislation and policies in Finland give paramount importance to education as a public function of the State and as a public good. The law in Finland states that “basic education may not be provided in pursuit of financial gain”.55 48 49 50 51 52 53 54 55 14 For example, Law No. 2004/022 (2004) of Cameroon (art. 5); the Angolan Education Law of 31 December 2001; Law No. 1/19 of Burundi (art. 4). Organic Law of Education No. 66 of 1997 (art. 7). Constitution of Gabon (as revised in 2011) (art. 1, para. 19); the Framework Law No. 14/004 (2014) of the Democratic Republic of the Congo (art. 137); and Law No. 2004/022 (2004) of Cameroon (art. 2). See http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/1962/19620015/EducationAct_1.pdf. Law No. 11 pertaining to independent schools (2006) (art. 2). See www.chinaeducenter.com/en/edulaw/law1.php. See www.chinaeducenter.com/en/edulaw/law3.php. Section 7 of the Basic Education Act 628/1998. See www.finlex.fi/en/laki/kaannokset/1998/en19980628.pdf.