Overview of the process on the Human Rights Guiding Principles on private actors in education. More on: http://bit.ly/GPprivatisation http://bit.ly/GPprivatisationFAQ

1. Human rights Guiding
Principles on State
obligations regarding private
actors in education

2. The Secretariat
5.02.2018 2

3. 5.02.2018 3

4. Human rights law matters
4
International Covenant on Economic, Social,
and Cultural Rights (ICESCR)
International Convention on
the Rights of the Child (CRC)
196 States parties166 States parties

5. General principle (1) – social-equality
dimension
ICESCR, Article 2 “2. The States Parties to the present Covenant undertake to guarantee
that the rights enunciated in the present Covenant will be exercised without
discrimination of any kind as to race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.”
ICESCR, Article 13 “1. The States Parties to the present Covenant recognize the right of
everyone to education. […]
2. The States Parties to the present Covenant recognize that, with a view to achieving the full
realization of this right:
(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical and vocational secondary
education, shall be made generally available and accessible to all by every appropriate
means, and in particular by the progressive introduction of free education; […]”

6. … General principle (2) – freedom
dimension
3. The States Parties to the present Covenant undertake to have
respect for the liberty of parents and, when applicable, legal
guardians to choose for their children schools, other than those
established by the public authorities, which conform to such
minimum educational standards as may be laid down or approved by
the State and to ensure the religious and moral education of their
children in conformity with their own convictions.
4. No part of this article shall be construed so as to interfere with the
liberty of individuals and bodies to establish and direct
educational institutions, subject always to the observance of the
principles set forth in paragraph I of this article and to the
requirement that the education given in such institutions shall
conform to such minimum standards as may be laid down by the State.

7. Freedom
in
education
Rights to,
in, and
through
education

8. Two dimensions of the right to
education
5.02.2018 8
Social-equality dimension: entitlements rights holders have (free quality education
directed on the basis of the principles of equality and non discrimination) and the
corresponding States’ obligations
≠ ≠ ≠
Freedom dimension: the liberty of private of parents to choose for their children schools
other than public schools, and for private actors to establish and direct educational
institutions
Challenge: to find the right balance
Dimensions have different weight and scope

9. How to assess
private education?
The human rights
approach

10. Challenges (including
unintended effects)
• Fees making it not accessible
for the poorest
• Poor learning conditions
• Business control of education
content and data
• Lack of transparency
• Non respect of domestic laws
• Labour conditions – 60hours a
week/below min wage salary
• Segregation/high disparities
Benefits
• Less teacher
absenteeism
• Marginal improved
learning outcomes
• Better resource
efficiency
• Increased choice
The human rights
balancing
exercise
Core human
rights

11. Concluding observations
•“Assess and address the consequences of the rapid development of private education in the State party and its impact on
the full realization of children’s right to education” (CRC, Ghana)
•“Take all possible means to eliminate the disparities that exist between private and public schools” (CESCR, Chile) or
“ensure that the significant increase in private education does not lead to growing inequality in access to good-quality
education” (CESCR, Morocco)
•“Strengthen regulations and expand monitoring and oversight mechanisms for private education institutions” (CESCR,
Uganda), or “regulate and monitor the quality of education provided by private informal schools in line with the
Convention” (CRC, Kenya)
•“Ensure that teachers from the public sector contribute to the improvement of education […] rather than being used by
the private sector” (CRC, Morocco)
•“Establish a clear regulatory framework, under which all private education providers are obliged to report regularly to
designated public authorities on their financial operations, in line with prescriptive regulations, covering matters such as
school fees and salaries, and to declare, in a fully transparent manner, that they are not engaged in for-profit education
as recommended by the Special Rapporteur on the right to education” (CRC, Brazil)
•“Phase-out the transfer of public funds to the private education sector and review its policies with regard to fiscal
and tax incentives for enrolment in private education institutions in order to ensure access to free quality education
at all levels, in particular nurseries and pre-schools, for all children by strictly prioritizing the public education sector in
the distribution of public funds” (CRC, Brazil)
•“Stop the purchase of standardized teaching and school management systems by municipalities from private
companies.” (CRC, Brazil)
•“Prioritize free primary quality education at public schools over private schools and informal low cost schools” (CRC,
Kenya)

12. Urges all States to give full effect to the right to education by, inter alia, complying with their obligations
to respect, protect and fulfil the right to education by all appropriate means, including by taking measures,
such as:
(a)Putting in place a regulatory framework guided by international human rights obligations for
education providers that establishes, inter alia, minimum norms and standards for the creation and
operation of educational institutions;
(b)Expanding educational opportunities for all without discrimination, paying particular attention to girls,
marginalized children and persons with disabilities, by, inter alia, recognizing the significant
importance of public investment in education, to the maximum of available resources, and
strengthening the engagement with communities, local actors and civil society to contribute to
education as a public good;
(c)Ensuring that education is consistent with human rights standards and principles, including those
laid down in the Universal Declaration of Human Rights and in international human rights treaties;
(d)Monitoring private education providers and holding accountable those whose practices have a
negative impact on the enjoyment of the right to education by, inter alia, engaging with existing
national human rights mechanisms, parliamentarians and civil society;
(e)Strengthening access to appropriate remedies and reparation for victims of violations of the right
to education;
(f) Supporting research and awareness-raising activities to better understand the wide-ranging
impact of the commercialization of education on the enjoyment of the right to education;

14. What are human rights guiding
principles?
 Legal text: authoritative interpretation of the law
 Unpack legal principles  from ideology or what we
think
 Concrete guidance on specific topics
◦ E.g.: Forced evictions
◦ E.g.: Education in emergency
◦ E.g.: Business and human rights
5.02.2018 14

15. What will be the final outputs?
• Guiding Principles
• A legal commentary
• A series of short explainers for the public and various
audiences, including a document to guide States on regulating
private schools and a guide on PPPs
• A methodological guide to conduct research and assessment,
including an assessment tool: the Privatisation Analysis
Framework (PAF), together with research questions/indicators
5.02.2018 15

16. What are the guiding principles on
private education for?
1. To set standards and provide a broadly accepted
normative framework to inform debates on
privatisation in education
2. To provide guidance to States in addressing the issue
/ implementing international law
3. To provide a framework for researchers and civil
society organisations to assess the role of private
actors in education
5.02.2018 16

17. Education
systems that
ensure social
justice and
protect
human
dignity
Define
international
legally backed
standards
Clarify
normative
framework /
rights and
obligations
Build
consensus
around which
a broad range
of actors can
engage
Facilitate
research
against agreed
framework
Build a strong
movement /
Mobilise and
raise
awareness
where there
are issues
Hold
authorities
accountable on
the basis of the
standards
Theory
of
change

18. What use?
 All: facilitate dialogue, develop constructive human-rights compliant solutions
 States: design human rights-compliant policies and plans, engage dialogue
with donors and private sector – e.g., when implementation SDGs
 Civil society: clarify positions, advocacy campaigns
 Academics: research against agreed normative framework
 Lawyers, judges: reference point for legal interpretation
 International institutions: build programs with States and CSOs to enhance
the realisation of the right to education
 Private sector: better understanding of the applicable legal framework
5.02.2018 18

19. Research & reporting to UN treaty
bodies
5.02.2018 19
 Research, reporting and advocacy in 20 countries including : Morocco, Brazil, Chile, Haiti, Ghana, Kenya, Uganda, Nepal, Pakistan, United Kingdom,
France
 CESCR concluding observations
• Morocco: concerns about segregation, with good quality restricted to those who can pay +
measures to avoid the increase of inequalities (October 2015)
• Chile: segregation + measure to eliminate disparities in quality of education(June 2015)
• Kenya: concern about low cost private schools + regulation (March 2016)
• Pakistan: human rights impact assessment + regulation + measure for quality and to eliminate
segregation (June 2017)
• Philippines: strengthen its public education system + prevent privatisation of school / monitor
compliance with minimum educational standards (October 2016)
• Uganda: assume primary responsibility for the provision of quality education for all children
instead if privatising school (June 2015)
• UK: concerns about the use of development aid to support low-cost private schools +
recommendation for human rights based approach to development aid (June 2016)

20. Process
5.02.2018 20
Guiding
Principles
Expert Input
Country
research
Consultations
(National,
regional,
international)
Conceptual
research

21. Date Activity
January - June 2016 Development of an initial draft
June 2016 - February
2018
• Regional consultations:
o Asia-Pacific (August 2016, September 2017)
o East Africa (Nairobi, September 2016)
o Europe (Paris, March 2017; hosted by UNESCO)
o Southern Africa (August 2017)
o Western Africa + Francophone countries (23-26 October 2017)
 Consultations with thematic groups; e:g.:
o DC stakeholders/Litigation meeting/EU delegation
o CIES (Vancouver March 2016; Atlanta (USA), March 2017; Mexico, March
2018)
 National consultations organised by partners: Nepal, India, Mongolia…
 Second and third draft
December 2017 - June
2018
Development of expert background papers on key issues/themes
February – June 2018 Establishment of Guiding Principles Expert Group
Expert review - Review of third draft / Development of fourth draft
June - September 2018 Online consultations
End first half 2018 Validation at expert meeting
2019 Launch, dissemination, and advocacy

22. Committee of experts – drafting committee
• Ann Skelton (UNESCO Chair of education law in Africa, South Africa, University of Pretoria,
member of the Un Committee on the Rights of the Child, chair)
• Aoife Nolan (UK, University of Nottingham, member of the European Committee of Social
Rights)
• Benyam Mezmur (Ethiopia, member of the CRC and of the African Committee of Experts on
the Rights of the Child, University of the Western Cape).
• Jacqueline Mowbray (Australia, University of Sydney)
• Jayna Kothari (India, independent)
• Magdalena Sepulveda (Chile, independent, former UNSR on extreme poverty)
• Maria Smirnova (Russia, University of Manchester)
• Roman Zinigrad (Israel, University of Yale)
• Sandra Fredman (South Africa, University of Oxford)
• Sandra Ratjen (France, independent)

23. Content
Preamble
67 principles
1.Scope, application, interpretation
2.Foundational Principles
3.Provision
4.Regulation
5.Financing
6.Obligations of international assistance and cooperation
7.Responsibility of non-state actors
8.Implementation and enforcement
5.02.2018 23

24. Ressources
FAQs on the principles: http://bit.ly/GPprivatisationFAQ
RTE: http://www.right-to-education.org/issue-page/privatisation-education
GI-ESCR: http://bit.ly/GPprivatisation
CONTACTS:
• Delphine Dorsi: delphine.dorsi@right-to-education.org
• Solomon Sacco: solomon.sacco@amnesty.org
• Salima Namusobya: snamusobya@gmail.com
• Sylvain Aubry: sylvain@globalinitiative-escr.org
• Daniel Linde: daniel@eelawcentre.org.za
THANK YOU!
5.02.2018 24