Brazil

CRC Concluding observations
CRC/C/OPAC/ BRA/CO/1
paras. 75-76
28 October 2015

75. The Committee is concerned about the increased involvement of the private sector in education, in particular:

(a) The high fees in private schools which exacerbate existing structural discrimination in access to education and reinforce educational inequalities;

(b) The increase in public funding for the private education sector, including to profit-oriented education institutions as well as in the form of fiscal and tax incentives for enrolment in private education and funding for nurseries, pre-school and special education institutions through public-private partnerships (“conveniamentos”); and,

(c) The increasing purchase by municipalities of standardized teaching and school management systems from private companies, which include teaching and teacher training materials and school management packages which may not be adequately customised for effective use.

76. The Committee reminds the State party of its primary responsibility for guaranteeing and regulating education and reiterates the importance of public investment in education. In this regard the Committee recommends that the State party take into consideration the recommendations made by the Special Rapporteur on the right to education (A/HRC/29/30) and establish a comprehensive framework of regulations for private education providers. The Committee further recommends that the State party:

(a) Establish a clear regulatory framework, under which all private education providers are obliged to report regularly to designated public authorities on their financial operations, in line with prescriptive regulations, covering matters such as school fees and salaries, and to declare, in a fully transparent manner, that they are not engaged in for-profit education as recommended by the Special Rapporteur on the right to education (A/HRC/29/30, para. 125);

(b) Phase-out the transfer of public funds to the private education sector and review its policies with regard to fiscal and tax incentives for enrolment in private education institutions in order to ensure access to free quality education at all levels, in particular nurseries and pre-schools, for all children by strictly prioritizing the public education sector in the distribution of public funds; and,

(c) Stop the purchase of standardized teaching and school management systems by municipalities from private companies.