Privatisation and the Right to Education

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? 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 Right to Education Project

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. Right to Education Project

5. The Right to Education in Law Right to Education Project

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 Right to Education Project

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 Right to Education Project

8. The 4 As Right to Education Project

9. Educational Freedoms Right to Education Project

10. Definitions Private Education Education that is provided by non-State actors, including companies, religious institutions, NGOs, trusts or private individuals Privatisation Aprocess of transferring education assets, management, functions or responsibilities previously owned or carried out by the State to private actors Right to Education Project

11. Human Rights Concerns Right to Education Project

12. How Is Education Privatised? From PERI: • For Profit Schools • Public-Private Partnerships • Low Fee Schools • Private Tutoring • Philanthropy Schools Right to Education Project

13. The Nature of State Obligations Right to Education Project

14. Progressive Realisation Right to Education Project

15. Free Education Right to Education Project

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 Right to Education Project

17. Monitoring & Regulation Right to Education Project

18. Education Financing Right to Education Project

19. Continuous Improvements to Quality Right to Education Project

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. Right to Education Project

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. Right to Education Project

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 Right to Education Project

23. Gathering Evidence: Example 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 Right to Education Project

26. Resources • Right to Education Project (RTE) – www.right-to-education.org • Privatisation in Education Research Initiative (PERI) – www.periglobal.org • Global Campaign for Education (GCE) – www.campaignforeducation.org • Education International (EI) – www.ei-ie.org • Save the Children – www.savethechildren.org Right to Education Project