Human rights framework on privatisation

Under international human rights law States must not prohibit the establishment of private educational institutions, however they must ensure that private education  :

1. Does not lead to the creation of [extreme]   disparities or systemic discrimination, on any ground, or be a factor of segregation or division in societies in general and education in particular;

2. Provide a true alternative choice to quality public education, and not replace the public system, as the State retains the responsibility to offer quality public education for all;

3. Does not lead to a marketization or commodification of education such that education is no longer directed to the full development of a child's personality, talents and mental and physical abilities to their fullest, but instead only to profit-making or achieving a narrow set of measurable outcomes, contrary to the aims of education recognised in human rights law; 

4. Is adequately regulated, both in law and in practice, with adequate inspection staffing, effective accountability mechanisms, and without corruption; and

5. Is part of a considered education policy which was developed through a transparent and participatory consultation process and continues to be subject to democratic scrutiny, transparency and participation.