A/HRC/43/47
obligations are under the right to education, or article 27 of the International Covenant on
Civil and Political Rights, in relation to public as opposed to private schools using a
minority language. For example, article 27 refers only to the use of a minority language
among members of a minority themselves, not between members of a minority and a public
institution (such as a State school).
62.
None of the general human rights treaties refer to an obligation to financially support
private schools for minorities, although there is one case where the Human Rights
Committee concluded that it could be discriminatory to fund some private religious schools
and not the private schools of other (minority) religious groups (CCPR/C/67/D/694/1996).
63.
This is therefore an area where there is a great deal of uncertainty. The following
interpretations appear to be fairly well supported, at least for private education activities:
(a)
Private schools for minorities and educational activities using a minority
language seem to be guaranteed under article 27 of the International Covenant on Civil and
Political Rights (and similar provisions). It is less clear if the right to education in general
includes this aspect;
(b)
The prohibition of discrimination suggests that minorities may be able to
claim the right to establish private schools, even if private schools in general are prohibited
in a country (Minority Schools in Albania Case 18);
(c)
It could also be discriminatory to allow private schools to operate in some
languages, but not others;
(d)
Financial support for private minority schools is less well defined in the
observations of various treaty bodies: while it is clear that Governments cannot
discriminate if they provide funding to some private schools, this does not mean that there
is an automatic entitlement to financial support for private minority schools;
(e)
There are comments that seem to suggest that, to truly respect the identity of
minorities, some degree of support must be provided to their private institutions;
(f)
States are entitled to require that the curriculum in private minority schools
conform to national quality and content standards in different subject matters, although this
cannot be used to affect the use of a minority language as a medium of instruction in these
schools;
(g)
Students in private minority schools must always have the opportunity to
learn the official, national or majority language.
64.
There is another issue concerning the interaction between public and private schools
that is not yet clear in the interpretation of various committees and the right to education in
general. While individuals have a right to education, it appears that States may comply with
this right through private or public education measures. What counts is not a particular
model of education, but that the right to education of individuals is respected in practice. If
State authorities have an obligation to provide instruction in a mother tongue (whether it is
on the basis of article 27 of the International Covenant on Civil and Political Rights, the
right to education or the prohibition of discrimination in education), and this is done
completely or in part with private education measures, then these same authorities would
need to provide the necessary support, financial and material, to ensure that this is done on
the basis of equality with similar measures or institutions in the official or majority
language.
3.
Teaching and the official/majority language
65.
One aspect that is absolutely clear from an international legal point of view is that
whatever the degree of use of a minority language as a medium of instruction, in private or
public schools, students must always be afforded the opportunity of learning the official or
majority language. Article 14 (3) of the Framework Convention for the Protection of
18
Permanent Court of International Justice, Advisory Opinion No. 26, 6 April 1935.
13