Privatisation for the Fulfilment of the Right to Education: The Case Study of Saudi Arabia

Abstract

This thesis examines the complex relationship between the growing global trend of educational privatisation and the right to education under international human rights law. While privatisation offers potential benefits such as increased resources and innovation, it also poses risks of exacerbating inequalities and undermining education as a public good. This research addresses the critical
question of how states can align privatisation policies with the right to education in the context of neoliberal influences.

The thesis adopts a mixed-methods approach, combining doctrinal analysis with an empirical case study of Saudi Arabia. A practical framework, rooted in both
hard and soft law instruments, is formulated to assist policymakers in aligning privatisation policies with human rights standards. This framework underscores
the significance of strong accountability mechanisms, national legislation and policy assessment, and the incorporation of human rights considerations into
policy design and implementation.

A case study of Saudi Arabia, amidst its growing adoption of neoliberal policies and privatisation initiatives, examines the challenges and opportunities in upholding the right to education in privatisation initiative. By analysing the
proposed framework against current Saudi educational reforms, this study identifies areas of alignment and divergence, leading to recommendations to
strengthen existing regulations and enhance the protection of the right to education in Saudi Arabia. Furthermore, insights from semi-structured interviews with Saudi policymakers underscore the crucial role of their understanding and awareness of the right to education in safeguarding its protection within this
evolving policy landscape.

This thesis contributes to existing knowledge by addressing the under-researched area of state decision-making processes concerning education privatisation and it uses to fulfilment of right to education. It uniquely examines semi-privatised education models through a human rights lens, offering insights and recommendations for policymakers. Notably, it is the first study to investigate the interplay between privatisation and the right to education in Saudi Arabia, drawing upon original interviews with policymakers to illuminate the unique dynamics within this context. Furthermore, proposing amendments to law and practice, the thesis actively contributes to the ongoing economic reform movement in Saudi Arabia, aiming to safeguard the right to education from potential adverse effects of private sector involvement.