18 On what legally binding and other basis? • Arts 2(2) + 13, International Covenant on Economic, Social and Cultural Rights (United Nations) • Art. 26, International Covenant on Civil and Political Rights (United Nations) • Art. 5(e)(5), International Convention on the Elimination of All Forms of Racial Discrimination (United Nations) • • • • • • • Arts 2 + 28, 29, 30, Convention on the Rights of the Child (United Nations) Principle 1, UNESCO Principles of Language and Education (2003) Arts 1 + 4, Convention against Discrimination in Education (UNESCO) Art. 14 + Protocol No. 1, European Convention on Human Rights (Council of Europe) Art. 14, Framework Convention for the Protection of National Minorities (Council of Europe) Art. 8, European Charter for Regional or Minority Languages (Council of Europe) Art. 4, Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (United Nations) • Rec. 18, Guidance Note of the UN Secretary-General on Racial Discrimination and the Protection of Minorities (2013) • Recs 11–18, The Hague Recommendations Regarding the Education Rights of National Minorities (OSCE) How it should be done Most countries that effectively provide public education in minority languages follow three basic principles: 1. The principle of proportionality, based largely but not exclusively on a number of practical factors: the number and concentration of speakers of the language, the level of demand, prior use of the language as a medium of instruction and therefore availability of resources. 2. The principle of active offer, where public education in minority languages is accessible and actively encouraged. 3. The principle of inclusiveness, by which all students are given an opportunity to learn the official language and about inter-cultural understanding. 4. 30 31 Quality public education in the mother tongue should ‘be extended to as late a stage in education as possible’,30 up to and including public university education where practicable.31 Ideally, the instruction in the mother tongue should last for a minimum of between six to eight years – more when this is feasible. If demand, the distribution of speakers or other factors make this not feasible, state authorities should provide for the teaching of the minority language as far as is practicable. Using one language as the medium for instruction just for a few years at primary level, and then switching over completely to another language should be avoided as this may UNESCO, Principles of Language and Education, Principle 1. OSCE, The Hague Recommendations Regarding the Education Rights of National Minorities, Recommendations 17 and 18.