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Human Rights Guiding Principles on State obligations regarding private schools: an introduction

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Introductory slides to the Human Rights Guiding Principles on State obligations regarding private schools and the consultation process. It reviews the key concepts, concept, purpose, and development process of these Guiding Principles. For more information, see http://bit.ly/GPprivatisation.

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Human Rights Guiding Principles on State obligations regarding private schools: an introduction

  1. 1. Human rights Guiding Principles on State obligations regarding private schools
  2. 2. INTRODUCTION TO THE DAY  OBJECTIVE: Get input from the various constituencies on human rights principles on the provision of education Organisation of the day  Context on private actors in education provision  The right to education and private education  Organisation and objective of the Guiding Principles  The process of developing these Guiding Principles  How the consultation will be organised today to ensure maximum participation in providing inputs and incorporating them most effectively: the golden rules  Jump into (inter)action!
  3. 3. What are Human Rights Guiding Principles and why do we need them?
  4. 4. Looking at ETOs and their Effectiveness • Please refer to the handouts on •Maastricht Principles on extraterritorial obligations http://bit.ly/ETOPples •Effectivity of human rights Guiding Principles http://bit.ly/2nBUqrD 1. What are human rights Guiding Principles? 2. How do you think these principles can be useful?
  5. 5. Why do we need principles and guidelines on private education? 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
  6. 6. What are human rights guiding principles? • Quasi-legal: 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
  7. 7. 7 golden rules to define Guiding Principles 1. Neither too abstract (have to be concrete enough) nor too precise (have to be universal enough) 2. Keep it as simple as possible, remove all the words that can be 3. Broadly accepted and backed by the law 4. It lays out States’ obligations – not private actors’ obligations 5. Keep it as a technical analysis, not a political declaration 6. This is legal language: it can be dry and grammatically challenging. 7. Remain within the scope of the Principles: here, related to State obligations and private actors – not going too broad.
  8. 8. 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
  9. 9. Potential use of Principles  Greater visibility to the issue, reinforce and strengthen jointly discussed and agreed upon position based on HR  Set standards and provide broadly accepted normative framework to inform debates on private schools  Help assess role of private schools in education  Provide guidance to States and simultaneously use to hold States accountable  Provide a basis for advocacy, policy development and litigation
  10. 10. Potential use: who could use them?  All: facilitate dialogue, develop constructive human-rights compliant solutions  States: design human rights-compliant policies and plans, engage dialogue with donors and private sector  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
  11. 11. Process of Development
  12. 12. Guiding Principles Expert Input Country research Consultations (National, regional, international) Conceptual research
  13. 13. A Steering Committee + group of “friends” (provide guidance to process)
  14. 14. What are 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
  15. 15. Date Activity January - June 2016 Development of an initial draft March 2016 - June 2017 Development of expert background papers on key issues/themes October 2016 - March 2017 Development of second draft Establishment of Guiding Principles Steering Committee and Expert Group March 2016 - September 2017 • Regional consultations: o Asia-Pacific (August 2016, September 2017) o East Africa (Nairobi, September 2016) o Southern Africa (August 2017) o Western Africa + Francophone countries (June – August 2017) o Latin America (2017) o Europe (Paris, March 2017; hosted by UNESCO)  Consultations with thematic groups: o Geneva stakeholders/DC stakeholders/World Bank/GPE/North America/EU delegation o CIES (Vancouver March 2016; Atlanta (USA), March 2017)  National consultations organised by partners: o Pakistan (May2017; hosted by FOSI-Pakistan) July - November 2017 Online consultations Nov. 2017 - Feb 2018 Expert review - Review of second draft / Development of third draft End first half 2018 Validation at expert meeting Second half 2018 Launch, dissemination, and advocacy
  16. 16. Time to make your insights count! Moving to groups while remembering-  Your principles, our principles  Input is distinct from endorsement  Priority on concerns over on the spot resolutions  Still very draft and not for circulation  Refer to golden rules and tips for feedback. When in doubt, feel free to ask the reference person
  17. 17. The golden rules to define principles 1. Neither too abstract (have to be concrete enough) nor too precise (have to be universal enough) 2. Keep it as simple as possible, remove all the words that can be 3. Broadly accepted and backed by the law 4. It lays out States’ obligations – not private actors’ obligations 5. Keep it as a technical analysis, not a political declaration 6. This is legal language: it can be dry and grammatically challenging 7. Remain within the scope of the Principles: here, related to State obligations and private actors – not going too broad

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