1. Privatisation and the Right to Education

2. Objectives Develop an understanding of the right to education
Become familiar with key State obligations concerning the right to education that may be affected by privatisation
Gain and understanding of education privatisation, including the forms and processes that may impact the right to education
Practically apply the right to education to scenarios and consider the implications
Explore strategies for applying a human rights based approach to education privatisation
Right to Education Project

3. What Are Human Rights? Human rights are: Universal Indivisible
Rights are inherent to all human beings and are protected through internationally agreed legal standards that States have committed to upholding through treaties.
Human rights are:
Universal
Indivisible
Inter-related & Inter-dependent
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4. Equality & Non-Discrimination
Non-discrimination prohibits any distinction, exclusion or limitation based on the listed grounds
States guarantee these rights without discrimination of any kind on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
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5. The Right to Education in Law
Main International Human Rights Treaties Containing Provisions on the Right to Education
International Covenant on Economic, Social and Cultural Rights
Convention on the Rights of the Child
Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Elimination of All Forms of Discrimination against Women
Convention on the Rights of Persons with Disabilities
UNESCO Convention against Discrimination in Education
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6. What is the Right to Education?
Free & compulsory primary education
Available & accessible secondary & technical/ vocational education that is progressively free
Equally accessible higher education based on capacity and progressively made free
Fundamental education for those who could not access or complete primary education
System of schools with continuously improved conditions & enhanced educational access for individuals from disadvantaged groups
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7. What Are the Aims of Education?
The full development of the child’s personality, talents and mental and physical abilities
The development of respect for human rights and fundamental freedoms
The development of respect for the child’s parents, cultural identity, language and values, as well as respect for the values of the child’s country and other civilisations
The development of the child’s responsibilities in a free society, including understanding, peace, tolerance, equality, and friendship among all persons and groups
The development of respect for the natural environment
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8. The 4 As Acceptable Adaptable Accessible Available
Education should be free with adequate infrastructure, trained teachers & materials
Accessible
The education system should be accessible to all without discrimination and positive steps must be taken to include the most marginalised
Acceptable
The content of education must be relevant, non-discriminatory, culturally appropriate & of good quality; schools must be safe & teachers should be professionally trained
Adaptable
Education must evolve with the changing needs of society & it must be adapted to the local context
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9. Educational Freedoms
The liberty to establish and direct educational institutions, subject to the requirement that these must conform to minimum standards laid down by the State
The liberty of parents to choose schools other than public schools for their children, according to their religious and moral convictions
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10. Definitions Private Education Privatisation
Education that is provided by non-State actors, including companies, religious institutions, NGOs, trusts or private individuals
Privatisation
A process of transferring education assets, management, functions or responsibilities previously owned or carried out by the State to private actors
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11. Best Interests of the Child
Human Rights Concerns
Best Interests of the Child
Protecting Rights
Regulation
Ensuring Access
Non-Discrimination
Assessing Impact
Transparency
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12. How Is Education Privatised?
From PERI:
For Profit Schools
Public-Private Partnerships
Low Fee Schools
Private Tutoring
Philanthropy Schools
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13. The Nature of State Obligations
Respect
To not interfere with the exercise of rights
Protect
To ensure others do not interfere, primarily through effective regulation & remedies
Fulfil
To take positive action to facilitate the enjoyment of rights
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14. Progressive Realisation
Progressive Realisation towards the full realisation of the right to education
Take Steps - Deliberate, concrete & progressive to the maximum available resources
Minimum Core Obligations – Ensure the minimum essential levels of rights
No Backwards Steps (Retrogression)
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15. Free Education
Primary education shall be compulsory and available free to all
Secondary education should be available & accessible & made progressively free
Higher education should be accessible and made progressively free
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16. Equality & Non-Discrimination
Non-discrimination prohibits any distinction, exclusion or limitation based on the listed grounds
DISCRIMINATION includes any distinction, exclusion, limitation or preference that has the purpose or effect of nullifying or impairing equality of treatment in education
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17. Monitoring & Regulation
The State must maintain a transparent & effective system to monitor these standards
These minimum standards must comply with human rights law
The State must establish minimum standards for private providers
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18. Informal alternatives & private sector to fill education gaps
Education Financing
Minimum core obligations & progressive steps to fully realise the right to education
Informal alternatives & private sector to fill education gaps
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19. Continuous Improvements to Quality
States must continuously improve the material conditions of teaching:
Trained and qualified teachers paid competitive salaries & continuing education
Access to appropriate learning materials
Relevant and culturally appropriate curricula and child-centred teaching methods
Non-discrimination in education delivery
Adequate school infrastructure and safe environment
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20. Participation & Transparency
Privatisation programmes should be open and transparent and should include the participation of the affected community. States should take care to avoid creating imbalances of power between private actors and communities through experimental privatisation programmes.
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21. Effective Remedies
The right to an effective remedy forms part of the human rights framework, and States must ensure that effective remedies are available in order to address violations that may occur pertaining to private education or privatised services.
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22. Gathering Evidence
Look for existing data / evidence & apply human rights analysis
Gather new data / evidence from the field
Influence other actors (e.g., academia) to carry out research on key privatisation topics or areas of concern
Analyse existing government policy documents regarding privatisation against human rights standards
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23. Gathering Evidence: Example
Example: Accountability for Quality Teaching
Outcomes
Policies
Human rights standards
Salaries of public school teachers; Salaries of private school teachers; Highest qualification level attained by public school teachers; Highest qualification level attained by private school teachers; Completion of continuing education; etc.
National requirements for public teacher pay scales and minimum qualifications; National requirements for private teacher pay scales and minimum qualifications; National requirements for continuing education for public school teachers; National requirements for private school teachers; Individual school policies on salary, qualifications, and continuing education; Availability of teacher training providers and placements; etc.
Right to work - Fair wages and equal remuneration for work of equal value
Right to education – Minimum teacher qualifications, adequate teacher training, domestically competitive teacher salaries
Right to Education Project

24. Inquiry
Send requests for information to the government (usually a formal process)
Set up a meeting with key ministry officials to inquire about privatisation policies & represent civil society concerns as a coalition
Organise public meetings on education privatisation & invite government officials, parents, teachers, community leaders, etc.
Organise a workshop to share information on privatisation with key stakeholders
Right to Education Project

25. Developing a Campaign Objectives Targets Messages Tactics
What is the change that you want to make?
Targets
Who are the decision-makers on this issue? Who else can influence the decision-makers?
Messages
What is the message aimed at your targets?
Tactics
What tactics will you use to bring about changes, e.g., direct lobbying, media, etc.?
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26. Resources
Right to Education Project (RTE) –
Privatisation in Education Research Initiative (PERI) –
Global Campaign for Education (GCE) –
Education International (EI) –
Save the Children –
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