The Human Rights-Based Approach to Higher Education

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.

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