human rights guiding principles on state obligations regarding private schools: an introduction
Post on 22-Jan-2018
1.217 Views
Preview:
TRANSCRIPT
INTRODUCTION TO THE DAY
OBJECTIVE: Get input from the various constituencies on human rights principles on the provision of education
Organisation of the day Context on private actors in education provision
The right to education and private education
Organisation and objective of the Guiding Principles
The process of developing these Guiding Principles
How the consultation will be organised today to ensure maximum participation in providing inputs and incorporating them most effectively: the golden rules
Jump into (inter)action!
Looking at ETOs and their Effectiveness• Please refer to the handouts on •Maastricht Principles on extraterritorial obligations
http://bit.ly/ETOPples•Effectivity of human rights Guiding Principles
http://bit.ly/2nBUqrD
1. What are human rights Guiding Principles?
2. How do you think these principles can be useful?
Why do we need principles and guidelines on private education?
1. To set standards and provide a broadly accepted normative framework to inform debates on privatisation in education
2. To provide guidance to States in addressing the issue / implementing international law
3. To provide a framework for researchers and civil society organisations to assess the role of private actors in education
What are human rights guiding principles?• Quasi-legal: authoritative interpretation of the law
• Unpack legal principles from ideology or what we think
• Concrete guidance on specific topics•E.g.: forced evictions
•E.g. Education in emergency
•E.g. business and human rights
7 golden rules to define Guiding Principles
1. Neither too abstract (have to be concrete enough) nor too precise (have to be universal enough)
2. Keep it as simple as possible, remove all the words that can be
3. Broadly accepted and backed by the law
4. It lays out States’ obligations – not private actors’ obligations
5. Keep it as a technical analysis, not a political declaration
6. This is legal language: it can be dry and grammatically challenging.
7. Remain within the scope of the Principles: here, related to State obligations and private actors – not going too broad.
Education systems that ensure social justice and
protect human dignity
Define international legally backed
standards
Clarify normative
framework / rights and obligations
Build consensus
around which a broad range of actors can
engageFacilitate research
against agreed framework
Build a strong movement / Mobilise and
raise awareness
where there are issues
Hold authorities
accountable on the basis of the
standards
Theory of change
Potential use of Principles Greater visibility to the issue, reinforce and strengthen jointly discussed and agreed upon position based on HR
Set standards and provide broadly accepted normative framework to inform debates on private schools
Help assess role of private schools in education
Provide guidance to States and simultaneously use to hold States accountable
Provide a basis for advocacy, policy development and litigation
Potential use: who could use them? All: facilitate dialogue, develop constructive human-rights compliant solutions
States: design human rights-compliant policies and plans, engage dialogue with donors and private sector
Civil society: clarify positions, advocacy campaigns
Academics: research against agreed normative framework
Lawyers, judges: reference point for legal interpretation
International institutions: build programs with States and CSOs to enhance the realisation of the right to education
Private sector: better understanding of the applicable legal framework
Guiding Principles
Expert Input
Country research
Consultations
(National, regional,
international)
Conceptual research
What are the final outputs?◦ Guiding Principles
◦ A legal commentary
◦ A series of short explainers for the public and various audiences, including a document to guide States on regulating private schools and a guide on PPPs
◦ A methodological guide to conduct research and assessment, including an assessment tool: the Privatisation Analysis Framework (PAF), together with research questions/indicators
Date Activity
January - June 2016 Development of an initial draft
March 2016 - June 2017 Development of expert background papers on key issues/themes
October 2016 - March
2017
Development of second draft
Establishment of Guiding Principles Steering Committee and Expert Group
March 2016 - September
2017
• Regional consultations:o Asia-Pacific (August 2016, September 2017)o East Africa (Nairobi, September 2016)o Southern Africa (August 2017)o Western Africa + Francophone countries (June – August 2017)o Latin America (2017)o Europe (Paris, March 2017; hosted by UNESCO)
Consultations with thematic groups:o Geneva stakeholders/DC stakeholders/World Bank/GPE/North America/EU delegationo CIES (Vancouver March 2016; Atlanta (USA), March 2017)
National consultations organised by partners:o Pakistan (May2017; hosted by FOSI-Pakistan)
July - November 2017 Online consultations
Nov. 2017 - Feb 2018 Expert review - Review of second draft / Development of third draft
End first half 2018 Validation at expert meeting
Second half 2018 Launch, dissemination, and advocacy
Time to make your insights count!Moving to groups while remembering-
Your principles, our principles
Input is distinct from endorsement
Priority on concerns over on the spot resolutions
Still very draft and not for circulation
Refer to golden rules and tips for feedback. When in doubt, feel free to ask the reference person
The golden rules to define principles
1. Neither too abstract (have to be concrete enough) nor too precise (have to be universal enough)
2. Keep it as simple as possible, remove all the words that can be
3. Broadly accepted and backed by the law
4. It lays out States’ obligations – not private actors’ obligations
5. Keep it as a technical analysis, not a political declaration
6. This is legal language: it can be dry and grammatically challenging
7. Remain within the scope of the Principles: here, related to State obligations and private actors – not going too broad
top related