ND Law Professor Nicole Garnett Participates in United Nations Consultation on Educational Pluralism

Notre Dame Law School Professor Nicole Stelle Garnett traveled to the United Nations in Geneva, Switzerland to participate in the first Open Consultation on proposed Guiding Principles on Educational Pluralism, an international effort to develop guiding principles for educational systems that embrace a diversity of school providers and educational approaches.

Garnett, who serves on the steering committee for this initiative, joined a diverse group of experts at the consultation, including two United Nations Special Rapporteurs: Farida Saheed, Special Rapporteur on the Right to Education, and Alexandra Xanthaki, Special Rapporteur on Cultural Rights. The gathering marked the first in a series of international consultations designed to gather feedback on proposed Guiding Principles on Educational Pluralism before they are finalized.

The proposed principles seek to articulate a shared framework for how governments can support and regulate a diversity of educational options while at the same time guaranteeing all children the right to education.

“By educational pluralism, we mean that the government funds schools and it regulates schools and it operates schools, but it doesn't just exclusively fund the schools that it operates,” Garnett said. “The Principles embrace the plural delivery and public funding of a variety of types of schools, including religious schools and other private schools.”

The questions at the center of the project are increasingly relevant in the United States, Garnett noted, as parental choice programs expand across the country. But they carry particular significance internationally, where private and faith-based schools often play a central role in educating children.

“In many parts of the world, especially in the global South, faith-based schools have long been the primary provider of education ” she said. “If we take away the funding, these schools, which excel the critical task of educating the poorest children, may close. If they do, kids who need education the most will lose a lifeline.”

The consultation in Geneva brought together experts from a range of disciplines and perspectives, including United Nations personnel and scholars working in education and human rights from around the globe. Their varied expertise and regional experiences informed discussions surrounding the proposed principles.

Among the broader questions shaping the conversation are how governments should allocate public educational resources, the extent to which private and faith-based schools should be required to follow the same curriculum and practices as government-operated schools, and how educational systems can preserve meaningful diversity and distinctiveness while ensuring quality and accountability.

For Garnett, one of the most important aspects of the effort is recognizing that educational institutions can serve students because they have distinct missions, including religious missions.

“One reason faith-based schools may be so good at educating disadvantaged children because of their religious identity. They understand that the children entrusted to their care are children of God, and that they therefore have the responsiblity–the duty–of ensuring that the children reach their full potential,” she said. “If we force these schools to conform to the same rules that govern public schools, then it takes away the distinctiveness that animates their purpose.” Garnett remarked, “I want to ensure that faith-based schools have the freedom to be fully themselves,” she said. “And I don't want these schools to go away because the kids are going to lose their opportunity to learn.”

The international dimension of the project also underscores the varying circumstances in which religious and other non-governmental schools operate. While private schools in the United States typically enjoy substantial autonomy and religious liberty, Garnett said that schools in other parts of the world can face more restrictions.

“Making the case for pluralism is very important because some faith-based institutions operate under legal circumstances where their freedom is dramatically constrained,” she said.

Garnett's involvement in the initiative builds on her scholarship and work in education law and policy. She became connected to the project through her international work on Catholic schools and religious liberty as well as collaborations with scholars and education leaders around the world.

Her commitment to the work is informed by the Catholic understanding of the dignity of the human person and preferential option for the poor. Her work on the Guiding Principles, and commitment to educational pluralism more broadly, is motivated by her desire that families, particularly those with limited resources, have meaningful educational opportunities and access to the schools that will serve them best.

In the months ahead, regional consultations on the Guiding Principles will continue across the globe, after which the steering committee and its partners will incorporate feedback and further refine them.

For Garnett, the project represents an opportunity to contribute to a global conversation about how educational systems can better serve children and families while recognizing the important role that diverse communities and institutions play in education.