A/CONF.189/PC.2/22
page 14
(i)
Education is not a State monopoly
42.
The relevant provisions are similar in that they establish the principle of multiplicity of
educational supply and, consequently, freedom of choice.39 The classic provision in this regard
is contained in article 13, paragraph 3, of the International Covenant on Economic, Social and
Cultural Rights.40 However, unlike in the case of minorities and religious groups, these
provisions seem to be general in their scope ratione persona, which does not have any particular
application to racial or ethnic groups; private education is a response to very varied needs.41
However, bearing in mind the flexible definition of the concept of minority and the overlap
between race and religion, there is nothing to stop a racial group from claiming the freedom
either to establish an educational system or to choose a given institution, always provided that
they observe the internationally established rules contained in these instruments.42
43.
This freedom is very important, particularly in extreme situations, since education may
be the ideal vector for all forms of intolerance and totalitarianism if it is based on a particular
ideology or it is a State monopoly, or if it is based on an official view that is imposed on the
children in the State system.
44.
Lastly, according to well-established case law, the State does not act in a discriminatory
fashion if the subsidies it provides to private schools are lower than those granted to the public
education system, or even if it does not subsidize the private system at all.43 Consequently, for
the purposes of this study, ethnic and religious minorities, for example, cannot claim a right from
the State in this respect. However, as the Committee on Economic, Social and Cultural Rights
states in its General Comment No. 13, “if a State elects to make a financial contribution to
private educational institutions, it must do so without discrimination” (E/C.12/1999/10,
para. 54). The Human Rights Committee takes the same view, on the basis of article 26 of the
International Covenant on Civil and Political Rights.44
(ii)
Respect for the principle of non-discrimination
45.
The establishment and maintenance of private schools, and the privatization of education
in general, may result in the ghettoization of certain ethnic groups and perpetuate a lack of
understanding and fear of others, and may be a potential source of conflict between
communities. A balance needs to be struck between, on the one hand, the establishment of a
public education system and the fundamental principle of free education as a basic guarantee of
equality, and, on the other hand, individuals’ freedom to choose the kind of education that is
appropriate to their beliefs or their membership of an ethnic group. Such a balance can be
achieved only by respecting the principle of non-discrimination, which, if it is guaranteed by the
State, makes it possible to ensure equality of opportunity for all individuals and groups, whatever
their ethnic or religious affiliation (see General Comment No. 13, E/C.12/1999/10, para. 30).
There are three aspects to this principle.
46.
The first aspect is of a general nature. Freedom of education is guaranteed on condition
that the aims of education established in these instruments are observed.45 The aim is to
“promote understanding, tolerance and friendship among all nations and all racial, ethnic or
religious groups ...” (International Covenant on Economic, Social and Cultural Rights, article 13,