Privatisation and the Right to Education

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

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 Right to Education Project

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

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 Right to Education Project

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

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

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 Right to Education Project

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 Right to Education Project

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 Right to Education Project

Best Interests of the Child Human Rights Concerns Best Interests of the Child Protecting Rights Regulation Ensuring Access Non-Discrimination Assessing Impact Transparency Right to Education Project

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

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 Right to Education Project

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) Right to Education Project

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 Right to Education Project

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

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 Right to Education Project

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 Right to Education Project

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 Right to Education Project

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

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

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

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

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

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.? Right to Education Project

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