Why neoliberal ideology, privatisation, and other challenges make a reframing of the right to education in international law necessary

Abstract

Changed circumstances since the adoption of the primary international human rights treaties, a multitude of scattered education rights norms, and distinct new challenges require a ‘reframing’ of the right to education in international law. Challenges which have led to a global crisis in education include privatisation; the ignored extraterritoriality of states’ international human rights obligations; poverty and a(n) (ostensible) lack of resources; non-acceptance of ‘otherness’, inequality, and exclusion; and unsustainable development. All these ‘phenomena’ have their ultimate basis in neoliberal ideology. Critiquing neoliberalism, this article proposes that, while in some instances it may be necessary to create new or amend existing international hard law, generally a ‘softer law’ type of document–a (revised) General Comment by, for example, the U.N. Committee on Economic, Social and Cultural Rights or an international expert document–should consolidate and further develop international law on the right to education. While the analysis draws the contours of an overall reform agenda, a special focus will be on the issue of privatisation, demonstrating that even the recent adoption of the expert Abidjan Principles cannot be seen as having completed (part of) the codification process.