The Human Rights-Based Approach to Higher Education
Why Human Rights Norms Should Guide Higher Education Law and Policy
Jane Kotzmann
- Detailed analysis of the meaning of the human right to higher education
- Clear and thorough outline of the market-based policy approach to higher education versus the human rights-based policy approach to higher education
- Puts forth a view as to the proper purposes of higher education teaching and learning
- Presents a methodology to assess higher education policy in terms of its likely potential to enable the achievement of the purposes of higher education teaching and learning
- Provides an evidence-based rationale for adopting a human rights-based approach to higher education
Description
A human right to higher education was included in the International Covenant on Economic Social and Cultural Rights (ICESCR), which came into force in 1976. Yet the world has changed significantly since the ICESCR was drafted. State legislation and policies have generally followed a neoliberal trajectory, shifting the perception of higher education from being a public good to being a commodity able to be bought and sold. This model has been criticized, particularly because it generally reinforces social inequality. At the same time, attaining higher education has become more important than ever before. Higher education is a prerequisite for many jobs and those who have attained higher education enjoy improved life circumstances.
This book seeks to determine: Is there still a place for the human right to higher education in the current international context? In seeking to answer this question, this book compares and contrasts two general theoretical models that are used to frame higher education policy: the market-based approach and the human rights-based approach. In the process, it contributes to an understanding of the likely effectiveness of market-based versus human rights-based approaches to higher education provision in terms of teaching and learning. This understanding should enable the development of more improved, sophisticated, and ultimately successful higher education policies.
This book contends that a human rights-based approach to higher education policy is more likely to enable the achievement of higher education purposes than a market-based approach. In reaching this conclusion, the book identifies and addresses some strategic considerations of relevance for advocates of a human rights-based approach in this context.
Table of Contents
Table of Contents
List of Figures
List of Tables
List of Abbreviations
Preface
Acknowledgements
Introduction
A Education and Educational Disadvantage
B Historical Perspectives in Relation to Higher Education Delivery
C Importance of Policy and Law for Higher Education
D Purpose of this Book
E Limitations
F Where to From Here?
Part I: The Human Rights-Based Approach and the Market-Based Approach
I The Human Right to Higher Education
A Introduction
B Sources of the Right to Higher Education
C Scope of the Right to Higher Education: Article 13 ICESCR
1 Introduction
2 The Duty Bearer
3 The Rights Holder
4 The Meaning of ‘Higher Education’
(a) Broad Interpretation
(b) Rights Respecting Education
(c) ‘Higher’ Education
(d) Certification
5 The Purposes of Higher Education
(a) Full Development of the Human Personality and the Sense of its Dignity
(b) Strengthen the Respect for Human Rights and Fundamental Freedoms
(c) Participate Effectively in a Free Society
(d) Promote Understanding, Tolerance and Friendship Among all Nations and all Racial, Ethnic or Religious Groups, and Further the Activities of the United Nations for the Maintenance of Peace
6 The Requirement of Equal Accessibility
(a) Religion
(b) Citizenship or Residence Status
(c) Economic Circumstances
(d) Language
(e) Prisoners
7 Limiting the Provision of Higher Education to those with ‘Capacity’
8 The Requirement of ‘Progressive Introduction of Free Education’
9 Obligation to Develop a System of Schools, Establish a Fellowship System and Continuously Improve the Material Conditions of Teaching Staff
10 Obligations in Relation to Higher Education
(a) Immediate Obligations
(b) Progressive Obligations
(c) No Retrogressive Measures
11 Accountability and the Right to Higher Education
(a) Violations
(b) Justiciability
D Conclusion
II Theoretical Approaches to Higher Education
A Introduction
B The Market-Based Approach
1 Introduction to the Market-Based Approach
2 Principles of a Market-Based Approach
(a) Competition
(b) Privatisation
(c) Absence of Government Intervention
3 Strengths of the Market-Based Approach
(a) Quality, Productivity and Innovation
(b) Efficiency and Responsiveness
(c) Prioritisation of Government Subsidies
(d) Equity
4 Weaknesses of the Market-Based Approach
(a) Lack of Service Information
(b) Undermining Academic Quality and Focus
(c) The Notion of Human Capital Devalues Human Beings
(d) Impact on Equity and Social Justice
(e) Ignores Other Purposes of Education
5 Conclusion: Market-Based Approach
C The Human Rights-Based Approach
1 Introduction to the Human Rights-Based Approach
2 Principles of a Human Rights-Based Approach
(a) Integration and Mainstreaming of Human Rights Norms
(b) Accountability
(c) Non-Discrimination and Equality
(d) Participation
(e) Dignity
(f) Interdependence and Indivisibility
(g) Cultural Sensitivity
3 Strengths of the Human Rights-Based Approach
(a) Normative Basis
(b) Well Established Approach
(c) Empowerment and Accountability
(d) Attention to Process
(e) Challenging the Power Imbalance
4 Weaknesses of the Human Rights-Based Approach
(a) Focus on Law
(b) Lack of Support for the Right to Education
(c) Translation into Policy
(d) Empty Words
(e) Conflict Producing
5 Conclusion: Human Rights-Based Approach
D Conclusion
Part II: Evaluation of State Approaches
III Evaluating Higher Education Policy and Legislation
A Introduction
B The Purposes of Higher Education
1 Introduction
2 Education for Individual Transformation
3 Education for Social Mobility
4 Education for a Better Society
5 Education for Employment and the Economy
6 Conclusion: Purposes of Higher Education
C Evaluating Higher Education Policy and Legislation
1 Introduction
2 Preliminary Comments
(a) Measuring the System
(b) The Inadequacy of Existing Rankings
3 Signs of a Successful Higher Education System
(a) Signs of Individual Transformation
(b) Signs of Improving Society
(c) Signs of Social Efficiency
D Methodology for Evaluating Systems
1 Introduction
2 Individual Transformation
(a) Student Survey Responses
(b) Personalised Learning
(c) Resources per Student
(d) Institutional Autonomy
(e) Commitment to Teaching and Learning
3 Improving Society
(a) Integration of Values
(b) Teaching for Citizenship
(c) Equal Opportunity
(d) Freedom for Teaching and Research
(e) International Assistance
4 Social Efficiency
(a) Vocational Orientation
(b) Graduation Rates
(c) Employability Prospects and Skills Shortages
(d) Research Quality
(e) Global Connectivity
E Conclusion
IV Practical Approaches to Higher Education
A Introduction
B Market-Based Approaches
1 Chile
(a) Political Context and Approach
(b) Evaluation
(i) Individual Transformation
(ii) Improving Society
(iii) Social Efficiency
2 England
(a) Political Context and Approach
(b) Evaluation
(i) Individual Transformation
(ii) Improving Society
(iii) Social Efficiency
3 United States
(a) Political Context and Approach
(b) Evaluation
(i) Individual Transformation
(ii) Improving Society
(iii) Social Efficiency
C Human Rights-Based Approaches
1 Finland
(a) Political Context and Approach
(b) Evaluation
(i) Individual Transformation
(ii) Improving Society
(iii) Social Efficiency
2 Iceland
(a) Political Context and Approach
(b) Evaluation
(i) Individual Transformation
(ii) Improving Society
(iii) Social Efficiency
3 Sweden
(a) Political Context and Approach
(b) Evaluation
(i) Individual Transformation
(ii) Improving Society
(iii) Social Efficiency
D Conclusion
Conclusion
A Purpose and Findings
B The Challenges of Advocating for a Human Rights-Based Approach to Higher Education Policy
C Utility of the Discussion
D Towards a Higher Education ‘Utopia’
Appendix A: Signs and Measures of a Successful Higher Education System
Appendix B: Evaluation of State Higher Education Policy – by Country
Appendix C: Summary Country Comparison
Index
Author Information
Jane Kotzmann is a Lecturer in International Law in the School of Law at Deakin University, Australia. Her research interests relate to human rights, including the theoretical underpinnings of human rights, the human rights-based approach, and the right to education. She is particularly interested in the prospect of extending human rights to non-human animals. Her teaching interests are in the areas of human rights law, international law, and administrative law. Her teaching philosophy is based on a strong belief in the importance of education and equality and is directed towards setting students up for success.
Before embarking on her career in academia, Dr Kotzmann served as an associate in the inaugural Teach for Australia program. Prior to this, she was in private legal practise for a number of years, principally in commercial litigation. Dr Kotzmann obtained her Bachelor of Laws (Hons) and Bachelor of Commerce from Deakin University, her Postgraduate Diploma in Teaching (Teach for Australia) from the University of Melbourne and her PhD from Deakin University.