A/HRC/12/33 page 9 28. Declaration article 2 reaffirms the existing prohibition of discrimination, as enshrined in numerous other international human rights instruments.9 Article 2 is also closely linked to article 44 of the Declaration, which establishes that the rights and freedoms recognized therein are equally guaranteed to male and female indigenous individuals. The prohibition of discrimination is subject to neither progressive realization nor the availability of resources, and it applies to all aspects of the right to education of indigenous peoples. 29. Article 12 (1) reaffirms important aspects of article 29 (1) of the Convention on the Rights of the Child, including the obligation of States to ensure that education is directed towards the development of respect for the child’s parents, his or her own cultural identity, language and values. Article 12 (1) provides that indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies. 30. Article 13 (1) recognizes that indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures. 31. Articles 12 (1) and 13 (1) are both closely linked to the right to education, as they fall largely within the ambit of the right to education as pronounced in other international human rights instruments. 32. Article 14 (1) provides for educational autonomy for indigenous peoples, provided that such arrangements meet minimum standards for education. This provision specifies that indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. Article 14 (1) reaffirms article 29 (2) of the Convention on the Rights of the Child, which provides individuals and bodies with the liberty to establish and direct educational institutions, subject to the observance of certain core principles. 33. Article 14 (2) emphasizes that indigenous individuals have the right to all levels and forms of education of the State without discrimination of any kind. Hence, it reaffirms already existing human rights provisions, such as article 13 (1) of the International Covenant on Economic, Social and Cultural Rights and article 28 of the Convention on the Rights of the Child. 34. Article 14 (3) determines that States shall, in conjunction with indigenous peoples, take effective measures so that indigenous individuals, particularly children, have access, when possible, to an education in their own culture and language. It follows from the provision that indigenous peoples living outside their communities also have the right to have access to an education in their own culture and language, whenever possible. 9 Including art. 2 of the International Convention on the Elimination of All Forms of Racial Discrimination, art. 2 (2) of the International Covenant on Economic, Social and Cultural Rights, art. 2 (1) of the International Covenant on Civil and Political Rights and art. 2 (1) of the Convention on the Rights of the Child.

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