Policy Responses on Education:
Affirmative action in various forms is an option for addressing discrimination in access to
education. This may be in the form of reserved places in educational institutions for minorities,
designated scholarships for minorities, or investment of additional resources into education in
regions where minorities reside. Affirmative action policies have been in place since 2001 in
Brazil to increase the enrollment of Afro-Brazilians in tertiary education.
The provision of minority culture education may take many forms. While long-established
minorities with large populations may have a greater claim to public resources for minority
education, there are benefits to providing similar services to new minority groups. In Sweden,
children are legally entitled to tuition in their mother-tongue (Migration Policy Group (MPG)
2006, paragraph 437). Such courses are provided in over 60 languages and a little over half of
the eligible students pursue this option. This helps to ease immigrant children into the Swedish
education system and language, and builds a multi-lingual constituency in Sweden.
Financial assistance through inter-state cooperation for the provision of education is also
encouraged by international standards (e.g. OSCE Lund Recommendations). In France, bilateral
agreements with Algeria, Italy, Morocco, Portugal, Serbia, Spain, Tunisia, and Turkey have been
entered into in order to provide instruction in foreign languages and cultures; teachers are paid
by the country of origin (MPG 2006, paragraph 439).
Overcoming inequality in access to education might require the provision of culturally-adapted
education. For example, in Vietnam, some minority fishing communities have been provided
with floating primary schools that enable their children to access regular education without
compromising the ability of families to maintain their traditional livelihoods.
3.4.2 Limits on promotion of identity:
The obligation on States to enable minorities to
develop their culture is not absolute. There are
two limitations: where specific practices are in
“violation of national law” and where they are
“contrary to international standards” (UNDM,
article 4). Any prohibitions on cultural practices
must be based on reasonable and objective
grounds. ‘Contrary to international standards’
means that States are free to (and should) prohibit practices that violate international human
rights standards. This clause responds to criticisms sometimes made against minorities when
cultural traditions violate the human rights of
individual members. This argument is often
made in relation to the rights of women.10 States
may not use this clause to prohibit whole cultures
on the grounds that a specific practice violates
human rights norms; the restrictions must concern the practice in question. Legislation in itself
will not usually be sufficient to end these practices. At a minimum, education programmes will
be needed. The most effective methods of eradicating harmful practices require the cooperation
of all sections of the affected group.
Sometimes a group that has experienced
discrimination or marginalisation could perceive legitimate state concern over specific
For example, the prohibition of practices of violence against women are identified in the Vienna Programme of Action, adopted by the World Conference on Human
Rights, 1993, paragraph 38; and the Beijing Declaration and Platform for Action, adopted by the Fourth World Conference on Women, 1995, paragraphs 113 and 118.
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Chapter 3: Fundamental Rights and Principles
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