A/HRC/10/11/Add.1
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6.
The present recommendations, while framed as recommendations for Government action,
are intended for a wider readership of not only Governments but, in the terms of the Universal
Declaration of Human Rights, “every individual and every organ of society”, including
international organizations and agencies, civil society in the widest sense, all educators and those
who learn from them.
7.
The range of issues included in the recommendations is not exhaustive. They represent
only minimum requirements for an effective education strategy for minorities, without prejudice
to further efforts made by individual States to address the needs of individuals and groups
concerned. The recommendations should be interpreted in a generous spirit in cooperation with
the communities concerned, in the light of the demand that human rights instruments be
interpreted and standards applied to be effective in practice, so that they can make a real
difference to the lives of human beings. In the event of doubt or contestation with regard to their
potential application, the principles should be interpreted in favour of members of minorities as
bearers of rights but also as potential victims of educational deprivation.
8.
The recommendations are phrased in broad terms and can be implemented in countries
with diverse historical, cultural and religious backgrounds, with full respect for universal human
rights.
II. CORE PRINCIPLES
9.
Every person is entitled to accessible, free and high-quality primary level education. States
should take reasonable legislative and other measures to achieve the progressive realization of
this right with respect to secondary education and for higher education on the basis of capacity.
The right to education for all is grounded in universal and regional human rights instruments,
including instruments on minority rights. The core principles of international human rights are
fully applicable to the right to education and should be faithfully implemented by States. These
include the principles of equality and non-discrimination, as well as the principle of equality of
women and men in the enjoyment of all human rights and fundamental freedoms. The principle
of non-discrimination includes all persons of school age residing in the territory of a State,
including non-nationals, and irrespective of their legal status.
10. School policies or practices that, de jure or de facto, segregate students into different
groups based on minority status violate the rights of minorities and also rob the entire society of
its best opportunity to foster social cohesion and respect for a diversity of views and experiences.
Students and societies gain the greatest educational advantage when classrooms have a diversity
of students, ethnically, culturally and economically.
11. The principle of equality does not imply uniform treatment in the field of education
regardless of circumstances, but rather that differential treatment of individuals and groups is
justified when specified circumstances warrant it, so that the right to equal treatment is also
violated when States, without permissible justification, fail to treat differently persons whose
situations are significantly different. The principle of non-discrimination implies that persons
belonging to minorities should not be treated differently in the field of education solely on the
basis of their particular ethnic, religious or cultural characteristics, unless there are permissible