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EDUCATION RIGHTS
its form and substance, including curricula and teaching methods.48 This aim has
been developed in terms of minority and indigenous rights in the UNDM49 (not a
legally binding document) and in ILO’s Indigenous and Tribal Peoples Convention
(No. 169) (legally binding, but only for those states, mostly in Latin America and
Scandinavia, which have ratified it). The ILO Convention, for example, requires
that all sections of the national community, particularly those in most direct
contact with indigenous peoples, should receive education to eliminate prejudices,
and that text books should provide a fair, accurate and informative portrayal of
their societies and cultures.50 As the Committee on the Rights of the Child has
outlined, this calls for a, ‘balanced approach to education and one which succeeds
in reconciling diverse values through dialogue and respect for difference’.51
In furthering these aims, states should ensure that education materials, teacher
recruitment and training,52 and curricular development all promote intercultural
education,53 and adopt measures to combat abuses of education. As such, human
rights bodies have called on Bahrain to include human rights education in the
general curriculum to, ‘[develop] … respect for human rights, tolerance, and …
religious and ethnic minorities’;54 [and] called on the Turkish authorities in Northern
Cyprus to refrain from censoring Greek language textbooks;55 and accepted the
dismissal of a teacher in Canada for promoting anti-Semitism in the classroom.56
A thorny issue – linguistic rights in education
Instruments aimed at the promotion and protection of the rights of minorities and
indigenous peoples, as for general human rights instruments, are most hesitant on
the right to first-language education. The only legally binding instrument specifically devoted to minority rights, the FCNM, recognizes, ‘that every person belonging to a national minority has the right to learn his or her minority language’.57
The right to learn a language is quite different from the right to learn through that
language, and the provision continues to lay out a series of qualifications to the
right to be ‘taught the minority language or [to receive] instruction in this
language’.58 The ILO Convention outlines teaching indigenous children to read
and write their mother tongue as an objective, rather than a right.59
Where learning the official language is essential to give children the opportunity later to integrate fully, have equal opportunities to advance to higher and further
education and to seek employment, it is essential that they be given adequate
opportunities for learning that language.60 However, sound research indicates
children learn best when they first learn through the medium of their first
language. UNESCO, the lead UN agency on education, promotes bilingual
education, not only because it gives the opportunity for multilingualism, but also
because it permits children from minority and indigenous groups to learn
alongside those of majority groups (latterly, if not initially).61