Tackling privatisation in education using international human rights tools and mechanisms RETHINKING EDUCATION REFORM: A HUMAN RIGHTS PERSPECTIVE 6 NOVEMBER 2014 SYLVAIN AUBRY

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

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?

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

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

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 PrincipleKey question on impact Rights holders Key questions on the responsibility of the State Duty bearers What we need to prove for the purpose of showing a human rights violation in a UN parallel report 1 – Segregation and disparities between groups The development of private education should not lead to extreme disparities of educational opportunity for some groups ins society, and should not lead different groups in society to be segregated with one another. Does privatisation in education create or reinforce any kind of segregation, or disparities between groups in societies? Has the State taken adequate measures to prevent or address the segregation/discrimination/dispa rities created? That the development of private education creates or reinforces any kind of segregation or disparities between different groups. That the State has not taken any measure to adequately address the issue. 2 – Freedom to choose public education Everyone should be able to choose a quality free public school. Private education should supplement and not supplant public education. 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 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. 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 public good and commodification Education is a public good and not a commodity that 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 private education affect the nature and value of public education as a public good, and solidarity within society? Is education being commoditized? Has the State taken adequate measures to protect education as a public good?? 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.

More information GI-ESCR education-research-initiative/ education-research-initiative/ Blog and-privatisation-unhttp:// and-privatisation-un Community group Sylvain Aubry e-escr.org