The Human Rights-Based Approach to Higher Education

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.

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 ContentsList of FiguresList of TablesList of AbbreviationsPrefaceAcknowledgementsIntroductionA Education and Educational DisadvantageB Historical Perspectives in Relation to Higher Education DeliveryC Importance of Policy and Law for Higher EducationD Purpose of this BookE LimitationsF Where to From Here?Part I: The Human Rights-Based Approach and the Market-Based ApproachI The Human Right to Higher EducationA IntroductionB Sources of the Right to Higher EducationC Scope of the Right to Higher Education: Article 13 ICESCR1 Introduction2 The Duty Bearer3 The Rights Holder4 The Meaning of 'Higher Education'(a) Broad Interpretation(b) Rights Respecting Education(c) 'Higher' Education(d) Certification5 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 Peace6 The Requirement of Equal Accessibility(a) Religion(b) Citizenship or Residence Status(c) Economic Circumstances(d) Language(e) Prisoners7 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 Staff10 Obligations in Relation to Higher Education(a) Immediate Obligations(b) Progressive Obligations(c) No Retrogressive Measures11 Accountability and the Right to Higher Education(a) Violations(b) JusticiabilityD ConclusionII Theoretical Approaches to Higher EducationA IntroductionB The Market-Based Approach1 Introduction to the Market-Based Approach2 Principles of a Market-Based Approach(a) Competition(b) Privatisation(c) Absence of Government Intervention3 Strengths of the Market-Based Approach(a) Quality, Productivity and Innovation(b) Efficiency and Responsiveness(c) Prioritisation of Government Subsidies(d) Equity4 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 Education5 Conclusion: Market-Based ApproachC The Human Rights-Based Approach1 Introduction to the Human Rights-Based Approach2 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 Sensitivity3 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 Imbalance4 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 Producing5 Conclusion: Human Rights-Based ApproachD ConclusionPart II: Evaluation of State ApproachesIII Evaluating Higher Education Policy and LegislationA IntroductionB The Purposes of Higher Education1 Introduction2 Education for Individual Transformation3 Education for Social Mobility4 Education for a Better Society5 Education for Employment and the Economy6 Conclusion: Purposes of Higher EducationC Evaluating Higher Education Policy and Legislation1 Introduction2 Preliminary Comments(a) Measuring the System(b) The Inadequacy of Existing Rankings3 Signs of a Successful Higher Education System(a) Signs of Individual Transformation(b) Signs of Improving Society(c) Signs of Social EfficiencyD Methodology for Evaluating Systems1 Introduction2 Individual Transformation(a) Student Survey Responses(b) Personalised Learning(c) Resources per Student(d) Institutional Autonomy(e) Commitment to Teaching and Learning3 Improving Society(a) Integration of Values(b) Teaching for Citizenship(c) Equal Opportunity(d) Freedom for Teaching and Research(e) International Assistance4 Social Efficiency(a) Vocational Orientation(b) Graduation Rates(c) Employability Prospects and Skills Shortages(d) Research Quality(e) Global ConnectivityE ConclusionIV Practical Approaches to Higher EducationA IntroductionB Market-Based Approaches1 Chile(a) Political Context and Approach(b) Evaluation(i) Individual Transformation(ii) Improving Society(iii) Social Efficiency2 England(a) Political Context and Approach(b) Evaluation(i) Individual Transformation(ii) Improving Society(iii) Social Efficiency3 United States(a) Political Context and Approach(b) Evaluation(i) Individual Transformation(ii) Improving Society(iii) Social EfficiencyC Human Rights-Based Approaches1 Finland(a) Political Context and Approach(b) Evaluation(i) Individual Transformation(ii) Improving Society(iii) Social Efficiency2 Iceland(a) Political Context and Approach(b) Evaluation(i) Individual Transformation(ii) Improving Society(iii) Social Efficiency3 Sweden(a) Political Context and Approach(b) Evaluation(i) Individual Transformation(ii) Improving Society(iii) Social EfficiencyD ConclusionConclusionA Purpose and FindingsB The Challenges of Advocating for a Human Rights-Based Approach to Higher Education PolicyC Utility of the DiscussionD Towards a Higher Education 'Utopia'Appendix A: Signs and Measures of a Successful Higher Education SystemAppendix B: Evaluation of State Higher Education Policy - by CountryAppendix C: Summary Country ComparisonIndex