as admission, curricula and the recognition of certificates. In their turn, these
standards must be consistent with the educational objectives set out in article 13 (1).
30.
Under article 13 (4), everyone, including non-nationals, has the liberty to
establish and direct educational institutions. The liberty also extends to “bodies”, i.e.
legal persons or entities. It includes the right to establish and direct all types of
educational institutions, including nurseries, universities and institutions for adult
education. Given the principles of non-discrimination, equal opportunity and
effective participation in society for all, the State has an obligation to ensure that the
liberty set out in article 13 (4) does not lead to extreme disparities of educational
opportunity for some groups in society.
Article 13: Special topics of broad application
Non-discrimination and equal treatment
31.
The prohibition against discrimination enshrined in article 2 (2) of the
Covenant is subject to neither progressive realization nor the availability of resources;
it applies fully and immediately to all aspects of education and encompasses all
internationally prohibited grounds of discrimination. The Committee interprets
articles 2 (2) and 3 in the light of the UNESCO Convention against Discrimination in
Education, the relevant provisions of the Convention on the Elimination of All Forms
of Discrimination against Women, the International Convention on the Elimination of
All Forms of Racial Discrimination, the Convention on the Rights of the Child and the
ILO Indigenous and Tribal Peoples Convention, 1989 (Convention No. 169), and
wishes to draw particular attention to the following issues.
32.
The adoption of temporary special measures intended to bring about de facto
equality for men and women and for disadvantaged groups is not a violation of the
right to non-discrimination with regard to education, so long as such measures do not
lead to the maintenance of unequal or separate standards for different groups, and
provided they are not continued after the objectives for which they were taken have
been achieved.
33.
In some circumstances, separate educational systems or institutions for groups
defined by the categories in article 2 (2) shall be deemed not to constitute a breach of
the Covenant. In this regard, the Committee affirms article 2 of the UNESCO
Convention against Discrimination in Education (1960). 15
15
According to article 2:
“When permitted in a State, the following situations shall not be deemed to constitute
discrimination, within the meaning of article 1 of this Convention:
(a)
The establishment or maintenance of separate educational systems or
institutions for pupils of the two sexes, if these systems or institutions offer equivalent access
to education, provide a teaching staff with qualifications of the same standard as well as