privatisation and the right to education
DESCRIPTION
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 - PowerPoint PPT PresentationTRANSCRIPT
Privatisation and the Right to Education
1. Develop an understanding of the right to education
2. Become familiar with key State obligations concerning the right to education that may be affected by privatisation
3. Gain and understanding of education privatisation, including the forms and processes that may impact the right to education
4. Practically apply the right to education to scenarios and consider the implications
5. Explore strategies for applying a human rights based approach to education privatisation Right to Education Project
Objectives
Rights are inherent to all human beings and are protected through internationally agreed legal
standards that States have committed to upholding through treaties.
Right to Education Project
What Are Human Rights?
Human rights are: Universal Indivisible Inter-related & Inter-dependent
Non-discrimination prohibits any distinction, exclusion or limitation based on the listed grounds
Right to Education Project
Equality & Non-Discrimination
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.
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 DiscriminationConvention on the Elimination of All Forms of Discrimination against WomenConvention on the Rights of Persons with Disabilities
UNESCO Convention against Discrimination in Education
Right to Education Project
The Right to Education in Law
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
Available
Education should be free with adequate infrastructure, trained teachers &
materials
AccessibleThe education system should be
accessible to all without discrimination and positive steps must
be taken to include the most marginalised
AcceptableThe 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 EducationEducation that is provided by non-State actors, including companies, religious institutions, NGOs, trusts or private individuals
PrivatisationA process of transferring education assets, management, functions or responsibilities previously owned or carried out by the State to private actors
Right to Education Project
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:
1. For Profit Schools
2. Public-Private Partnerships
3. Low Fee Schools
4. Private Tutoring
5. 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
DISCRIMINATION includes any distinction, exclusion, limitation or preference that has the
purpose or effect of nullifying or impairing equality of treatment in education
Non-discrimination prohibits any distinction, exclusion or limitation based on the listed grounds
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
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 What is the change that you want to make?
TargetsWho are the decision-makers on this
issue? Who else can influence the decision-makers?
Messages What is the message aimed at your targets?
TacticsWhat 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