34.
The Committee takes note of article 2 of the Convention on the Rights of the
Child and article 3 (e) of the UNESCO Convention against Discrimination in
Education and confirms that the principle of non-discrimination extends to all persons
of school age residing in the territory of a State party, including non-nationals, and
irrespective of their legal status.
35.
Sharp disparities in spending policies that result in differing qualities of
education for persons residing in different geographic locations may constitute
discrimination under the Covenant.
36.
The Committee affirms paragraph 35 of its general comment No. 5, which
addresses the issue of persons with disabilities in the context of the right to education,
and paragraphs 36-42 of its general comment No. 6, which address the issue of older
persons in relation to articles 13-15 of the Covenant.
37.
States parties must closely monitor education - including all relevant policies,
institutions, programmes, spending patterns and other practices - so as to identify and
take measures to redress any de facto discrimination. Educational data should be
disaggregated by the prohibited grounds of discrimination.
Academic freedom and institutional autonomy 16
38.
In the light of its examination of numerous States parties’ reports, the
Committee has formed the view that the right to education can only be enjoyed if
accompanied by the academic freedom of staff and students. Accordingly, even
though the issue is not explicitly mentioned in article 13, it is appropriate and
necessary for the Committee to make some observations about academic freedom.
The following remarks give particular attention to institutions of higher education
because, in the Committee’s experience, staff and students in higher education are
especially vulnerable to political and other pressures which undermine academic
school premises and equipment of the same quality, and afford the opportunity to take the
same or equivalent courses of study;
(b)
The establishment or maintenance, for religious or linguistic reasons, of
separate educational systems or institutions offering an education which is in keeping with the
wishes of the pupil’s parents or legal guardians, if participation in such systems or attendance
at such institutions is optional and if the education provided conforms to such standards as
may be laid down or approved by the competent authorities, in particular for education of the
same level;
(c)
The establishment or maintenance of private educational institutions, if the
object of the institutions is not to secure the exclusion of any group but to provide educational
facilities in addition to those provided by the public authorities, if the institutions are
conducted in accordance with that object, and if the education provided conforms with such
standards as may be laid down or approved by the competent authorities, in particular for
education of the same level.”
16
See UNESCO Recommendation Concerning the Status of Higher-Education Teaching Personnel
(1997).