A/HRC/29/30 11. Fostering the justiciability of the right to education and public interest litigation 129. As already stated by the Special Rapporteur, the right to education is justiciable and Governments can usefully draw upon jurisprudence in formulating laws, regulations and policies for regulating private providers (A/HRC/23/35). When State obligations are incorporated into national legal systems, defending the right to education vis-à-vis private providers becomes easier. Rules and regulations that govern private schools must be easily available, and avenues outside of costly court systems must be created to allow parents, communities and civil society to bring complaints to public authorities. 130. In order to defend the right to education vis-à-vis operations of private education providers, the State should facilitate and promote public interest litigation, by providing legal aid or by supporting civil society entities that provide such a role. The State should also support legal clinics in law schools that seek to research and enforce the right to education in courts as a cost-effective way of promoting public interest in education. 12. Engaging with parliamentarians 131. Parliamentarians, particularly members of education commissions or committees, play a key role in laying down regulatory frameworks for controlling private providers in education, as well as overseeing their implementation. Their advocacy for such a framework is very valuable. States should empower parliamentary committees to monitor private education providers, to ensure the right to education is fully respected, protected and fulfilled in the country. 13. Encouraging and supporting the role of intellectual community and civil society organizations 132. The Special Rapporteur calls upon civil society organizations and the intellectual community, as well as students, parents and community associations, to expose the negative effects of private providers in education. He encourages them to voice their concerns more strongly and widely as an essential function of the social compact for education in an endeavour to forge a global movement against the commercialization of education. Their advocacy work for fostering social justice and equity is valuable to counter market-based approaches in education. Research, events and expert consultations on the effects of privatization on the exercise and enjoyment of the right to education should be encouraged and supported. 24

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