Tackling privatisation in
education using international
human rights tools and
mechanisms
R ET H IN K ING ED U C AT ION R EF O R M: A H U M A N R IG H T S
PER SPEC T IVE
6 N O VEMB ER 2 0 1 4
S Y LVA I N A U B R Y S Y LVA I N @ G L O B A L I N I AT I V E - E S C R . O R G
Talking about…
1. The Global Initiative for Economic, Social and Cultural
Rights – human rights approach to research and
advocacy
2. The approach: human rights mechanisms for social
mobilisation
3. The content: privatisation and human rights
The Global Initiative for Economic,
Social and Cultural Rights
Economic and social issues as justice issues: human rights
 Connecting local level to international level
 Social mobilisation for social impact
http://globalinitiative-escr.org/
The approach: human
rights mechanisms for
social mobilisation
TESTING HUMAN RIGHTS TOOLS AND APPROACHES TO
ADDRESS PRIVATISATION IN EDUCATION
The Morocco pilot - How did it come
about?
http://www.periglobal.org/
The project
 Working with the Moroccan Coalition on Education for All
 Research on the impact of privatisation in education on human
rights
 Submitting research to UN Committee on the Rights of the Child
 Mobilising around the report and the UN process
CRC Concluding Observations
6.
Evaluation
and
planning to
replicate
1.
Inception
training,
planning
5. Use of
UN
recommen
dations for
national
advocacy/
mobilisatio
n
2. Research
and data
collection on
private
education
4. Presentation
of the parallel
report to UN
human rights
bodies
3. Writing
of the
parallel
report
Partners
Working closely with…
A collaborative project
Learning on the experience in Morocco, replicating in 7 countries:
Ghana
Kenya
Uganda
Brazil
Chile
Nepal
United Kingdom
Objectives
Use international human rights mechanisms and processes to:
 Research and analyse evidence on the impact of the development of private education on
the right to education
 Raise awareness about issues related to the development and regulation of private
education
Advocate for the fulfilment of the right to education
 Clarify how human rights norms apply to privatisation in education
 Build capacities to use human rights mechanisms
Create a network of partners committed to reflect and engage on privatisation in education
Privatisation and
human rights
Research
question
1 – Segregation
and disparities
between groups
2 – Freedom to
choose public
education
Principle
Key question on impact
Rights holders
Key questions on the
responsibility of the State
Duty bearers
The development of private Does privatisation in
Has the State taken adequate
education should not lead to education create or
measures to prevent or address
extreme disparities of
reinforce any kind of
the
educational opportunity for segregation, or disparities
segregation/discrimination/dispa
some groups ins society, and between groups in societies? rities created?
should not lead different
groups in society to be
segregated with one another.
What we need to prove for the purpose of
showing a human rights violation in a UN
parallel report
That the development of private education
creates or reinforces any kind of segregation
or disparities between different groups.
Everyone should be able to
choose a quality free public
school. Private education
should supplement and not
supplant public education.
That the increase of private schools is not the
result of a real freedom of families but that
they felt obliged to choose the private system
due to issues in the public system (public
may be not available, of bad quality,
irrelevant, biased, have a bad image, have
security issues, etc.) or other reason the
State can influence.
Do all parents have an
option for a quality and free
acceptable school for their
children? Does the
development of private
education lead to a decrease
of public education? Does
the development of private
education negatively impact,
directly or indirectly, the
delivery and success of
public education?
Do the State and international
State donors (including IFIs)
progressively and increasingly
support public education to the
maximum of their available
resources (including through
taxation) and make all possible
efforts to offer quality public
education for all?
Does the State actively support
private education in an effort to
withdraw from its responsibilities
and leave the primary
responsibility of providing
education to private actors?
That the State has not taken any measure to
adequately address the issue.
That the inadequate public service is due
inadequate support by the authorities,
including the international community.
That the development of private education
weakens the public sector, e.g:
because the private sector takes the best
teachers or students
because the development of the private
offers leads the State to stop investing in
public education
3 - Education as a Education is a public good
public good and and not a commodity that
commodification can be exchanged like any
other good. Education should
aim at developing the child’s
personality, and prepare the
child for responsible life in a
free society, in the spirit of
understanding,
peace, tolerance, equality of
sexes, and friendship among
all peoples
Does the development of
Has the State taken adequate
private education affect the measures to protect education as
a public good??
nature and value of public
education as a public good,
and solidarity within
society? Is education being
commoditized?
That the development of private schools
affects the nature of education, e.g.:
because it gives a bad image of public
education/public services
because it brings competition which
lowers the conditions of work of
teachers
because education becomes perceived
as a commodity
4 – Quality of
private schools
Private schools must respect
quality standards that should
be adequately enforced by
the State
Do private schools respect
human rights standards? In
particular: Is the curriculum
delivered in private schools
consistent with
international standards, in
particular with the aims of
education? Are teachers’
conditions in private schools
adequate? Are private school
accountable?
Is the State willing and able to
adequately regulate private
schools to ensure their respect
human rights standards?
That the State is unable or unwilling to
appropriately monitor and regulate private
establishments, leading to private schools
being unregulated
That private educational establishments do
not respect human rights standards (e.g.
different curriculum, corporal punishment,
low quality, biased teaching, over
examination, teachers’ working conditions…)
5 - Process and
participation
Discussion of the education
system, including of the
development of private
education, must be done in
consultation and with the
participation of various
groups of society, including
the poorest
Is the development of
private education choice
that has been made within
in accordance with human
rights principles, in
particular participation?
Did the State conduct a genuine
consultation, following an open
debate and a human rights impact
assessment?
Does the State monitor and assess
the impact of privatisation and
associated policies?
That privatisation is a de facto or de jure
choice made by a small group, without a
debate on the nature of the school system, or
that the decision was uninformed and did
not take into account the impact on human
rights.
GI-ESCR http://globalinitiative-escr.org/advocacy/privatization-ineducation-research-initiative/
More
information
Blog http://www.right-to-education.org/blog/bringing-issues-educationand-privatisation-un
Sylvain Aubry
Sylvain@globalintiativ
e-escr.org
Community group http://privatisationeducationhumanright.ning.com/