ACFC/44DOC(2012)001 rev PART VI: 1. LANGUAGE RIGHTS AND EDUCATION ACCESS TO EDUCATION 68. Article 12 of the Framework Convention requires the commitment of States Parties to promote equal access to education at all levels for persons belonging to national minorities.84 Language may, however, constitute a significant ‘gate-keeping factor’ and is thus considered a crucial element in access to all levels of education. Disadvantages and discrimination can result from the exclusion of minority languages from education, from a lack of adequate possibilities to learn (in) minority language(s), and from segregation that is language-based, or justified as language-based, into ‘special schools’ or ‘special classes’.85 The curriculum in such classes may often be significantly reduced in scope, volume and quality, as compared to the officially prescribed teaching programme. Disadvantages are visible in high illiteracy rates, low enrolment, high drop-out rates, school exclusion, as well as considerable underrepresentation in secondary and higher education of persons belonging to national minorities. While the Advisory Committee is particularly concerned, in this regard, by the situation of the Roma, the development of inclusive education policies requires general attention. 69. Authorities must also take demographic developments into account, as persons belonging to national minorities may migrate outside their areas of traditional settlement (see comments related to Article 10.2 above). The preservation of local minority language school networks should be guaranteed, and persons living outside the areas of traditional settlement should, where feasible and where living in substantial numbers, be given opportunities to be taught their language or in their language.86 As the fulfilment of the conditions set out in Article 14 with regard to demand for minority language education and substantial numbers of persons belonging to national minorities in certain areas may vary, the measures taken by states to offer minority language education should be flexibly designed in order to adapt well to a given situation.87 For minority languages that are only spoken by small numbers of people, there may be a particular need to revitalise the language, for instance through the creation of separate classes or through language immersion. The functions and needs of the different languages and language speakers must thus be assessed to establish ‘demand’ in line with Article 14.2. In addition, requests for minority language teaching must be accommodated in an equitable manner and refusals made subject to the possibility of legal challenge.88 Linguistic skills within the community of minority language speakers may vary. It is unacceptable, however, to bar pupils from having access to minority language education solely on the basis of their insufficient language skills. 2. ADEQUATE OPPORTUNITIES FOR TEACHING AND LEARNING OF AND IN MINORITY LANGUAGES 2.1. Open and inclusive approach to minority languages in education 70. Authorities are encouraged to adopt detailed legislative guarantees for the protection and promotion of minority languages in formal and informal education and to monitor regularly the implementation of legal provisions in practice. The Advisory Committee welcomes measures that extend the guarantees contained in Article 14 to other groups, as well 84 The Advisory Committee devoted its first Thematic Commentary to Education under the Framework Convention, see Footnote 3. 85 Third Opinion on Croatia. See also D.H. and Others v. the Czech Republic, Application no. 57325/00, Judgment 13 November 2007, http://www.echr.coe.int/echr. 86 See, for instance, Third Opinion on Germany; Third Opinion on Austria, 87 See also ACFC First Thematic Commentary on Education. 88 Second Opinion on Ukraine. 22