пятница, 31 августа 2018 г.

Public consultation on the draft human rights guiding principles on States' obligations regarding private actors in education



Online public consultation open from 29 August to 30 September 2018.



Please preferably fill in the online survey on https://www.surveymonkey.com/r/educationGPs. Alternatively, you may send your responses to the questions below before the deadline to sylvain@globalinitiative-escr.orgdelphine.dorsi@right-to-education.orgdaniel@eelawcentre.org.zadir@iser-uganda.orgsolomon.sacco@amnesty.org.

Background
This is a public consultation on the draft human rights Guiding Principles on States’ obligations regarding private actors in education (hereafter Guiding Principles, working title), available here: http://bit.ly/2MAHkrL. This draft is the outcome of various consultationsthat have taken place in the last year with hundreds of stakeholders, the feedback of dozens of experts, and a first review by the Drafting Committee.

For more information, please see the information page http://bit.ly/GPprivatisation and the FAQs https://bit.ly/2qnAw1I, or contact the Secretariat.

The input from the consultation will be used by the Secretariat of the development of the Guiding Principles (hereafter Secretariat) - which is made up of Amnesty International, the Equal Education Law Centre, the Global initiative for Economic, Social and Cultural Rights, the Initiative for Economic and Social Rights, and the Right to Education Initiative - and the Drafting Committee to inform the final draft. The adoption of the final text is planned to take place in February 2019.


Important note: The current draft of Guiding Principles is not final and cannot in any way prejudge the final document or the views of the member of Drafting Committee. Please do not alter, use, or make reference to this draft. Please contactthe Secretariat if you have any question or if you wish to share this draft further.


Important information on the consultation
The comments are organised in three sections: Section I is a background about you, section II is about the text, and section III concerns the implementation of the text. Most questions are optional, and you can feel to respond to what you find most relevant, although we encourage you to address as many of the questions as possible. The form also offers the opportunity to upload specific tracked changes of the text, but if you do so, we’d like to encourage you to also consider the questions in the form.

When you comment, it would be most useful if you can be be as specific as possible, in particular by including references to specific cases or examples, or to legal texts. 

Confidentiality and use of the data
This form and the responses are fully confidential, and access will be limited to the group of experts involved in the drafting of the Guiding Principles and the Secretariat. Anonymous/non-attributedsynthesis of the responses may be published. Your contact and information will strictly not be shared with any third-party beyond the Secretariat and you will not be contacted for any other purpose.


Only fields with * are mandatory

PART I: you
  1. Name of the institution/organisation*:
  2. First Name:
  3. Surname:
  4. Position/function:
  5. Email address*:
  6. How did you hear about the Guiding Principles?
  7. Do you agree to receive communication strictly about the Guiding Principles and private actors in education from the Secretariat*?

PART II: Comments
  1. Do you have any comment on the outline and organisation of the text? Please indicate if any specific suggestion. 
  2. In your view, what are the potential negative impacts of private educational operators on the right to education, and does the text adequately address them? If no, please indicate specific real-life example(s), situation(s) or case(s) that the Guiding Principles would fail to address or worsen, and if possible how the text could address them.
  3. In your view, what positive role can private educational operators play to improve the realisation of the right to education, and does the text leave adequate space for it? If no, please indicate the positive contributions, an example to illustrate it, and if possible how the text could address them.
  4. Is there any important issue or Guiding Principle that you think is missing, to address the role of private actors in education in line with human rights law? Please indicate your suggestion, and where it would fit.
  5. Does the text adequately address the specific situation of vulnerable, marginalised or disadvantaged groups, including women and girls, minorities, indigenous peoples, and people living in poverty? 
  6. Is there any case-law, legal text, or any other human rights legal material that you think would be particularly relevant, and may not have been adequately reflected in the text as it is? Please indicate the text(s) and how it is relevant. 
  7. Do you see any missing requirement for the minimum standards (Guiding Principle 45) that States must regulate?
  8. Is there any Guiding Principle that is unclear for you? Please indicate the Guiding Principle number, why it is unclear, and if you have any suggestion for improvement.
  9. Do you have any comment on the terminology used in the Guiding Principles, and in particular, are the terms used accurate and precise enough? Please specify the terms at stake if applicable, and specific suggestions.
  10. Do you have any suggestion for a title for the Guiding Principles?

PART III: Suggestions for implementation
  1. In your view, what can be the added value of the Guiding Principles?
  2. Do you have any suggestion on how to best implement the Guiding Principles? What are the activities that could be undertaken to ensure successful implementation? You may consider for instance activities at the community level, political mobilisation at the national, regional or global level, technical support to States, research, or accountability mechanisms.
  3. Do you know any specific community, context, case, or situation where the Guiding Principles could be piloted? 


If you have any other suggestion for the improvement of a particular Guiding Principle, or if you have other general comments, please send a version of the text with tracked changes and/or general comments by email to the Secretariat at EducationGuidingPrinciples@gmail.com


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