Presentation of the work done by the Global Initiative for Economic, Social and Cultural Rights and Partners on addressing privatisation in education using human rights tools and mechanisms. More information on http://globalinitiative-escr.org/advocacy/privatization-in-education-research-initiative/.

1. Tackling privatisation in
education using international
human rights tools and
mechanisms

2. Partners

3. Working closely with…

4. Three streams of work
1. Country research and advocacy
2. Normative framework on privatisation and human rights
3. Methodological guide

5. Eight countries
Morocco
Ghana
Kenya
Uganda
Brazil
Chile
Nepal
United Kingdom

6. 1.
Inception
training,
planning
2. Research
and data
collection on
private
education
3. Writing
of the
parallel
report
4. Presentation
of the parallel
report to UN
human rights
bodies
5. Use of
UN
recommen
dations for
national
advocacy/
mobilisatio
n
6.
Evaluation
and
planning to
replicate

10. CRC Concluding Observations

12. Human rights framework on
privatisation
Under international human rights law States must not prohibit the establishment of private educational
institutions, however they must ensure that private education :
1. Does not lead to the creation of [extreme] disparities or systemic discrimination, on any ground, or be
a factor of segregation or division in societies in general and education in particular;
2. Provide a true alternative choice to quality public education, and not replace the public system, as the
State retains the responsibility to offer quality public education for all;
3. Does not lead to a marketization or commodification of education such that education is no longer
directed to the full development of a child's personality, talents and mental and physical abilities to their
fullest, but instead only to profit-making or achieving a narrow set of measurable outcomes, contrary to
the aims of education recognised in human rights law;
4. Is adequately regulated, both in law and in practice, with adequate inspection staffing, effective
accountability mechanisms, and without corruption; and
5. Is part of a considered education policy which was developed through a transparent and participatory
consultation process and continues to be subject to democratic scrutiny, transparency and participation.

13. Lessons learned
Using human rights in substance
◦ Address controversial issues
◦ Concrete
◦ Mechanisms give timeline, framework, etc.
Using human rights methodology
◦ Domestic civil society partnership / mentoring
◦ Research for advocacy
◦ Working together, building a movement
◦ Connecting local and international
◦ Hard to convince partners, not everyone agrees

14. Events coming up
Date Event
March CIES
Event in Paris
April African Commission on Human and People’s
Rights Session
June Side-event in Geneva
Review of countries
October UK pre-session review in Geneva
+ country reviews
+ development of the framework
+ reflection on litigation in Kenya

15. Principles
Expert Input
Country
reseach
Community
consultation
Conceptual
research

17. Involvement of private actors as providers of education acceptable
Involvement of private actors as providers of education not
acceptable
Free public education
Humanistic
nature of
education
Inequality/segre
gation
Education system
Public
sectorPrivate
sector
Regulations
Other
Regulated
private
schoolsDue process

19. More
information
GI-ESCR http://globalinitiative-escr.org/advocacy/privatization-in-
education-research-initiative/
Blog http://www.right-to-education.org/blog/bringing-issues-education-
and-privatisation-un
Community group http://privatisationeducationhumanright.ning.com/
Sylvain Aubry
Sylvain@globalintiativ
e-escr.org