A/CONF.189/PC.2/22
page 47
78
Similarly, see article 6, paragraph 1, of the Council of Europe’s Framework Convention for
the Protection of National Minorities: “The Parties shall encourage” and “take effective
measures …”.
79
Nevertheless, the principle of non-discrimination takes the form of an obligation of result,
even with regard to the implementation of the right to education, once the State has set up its
educational system and, of course, has the means to ensure the realization of this right. In this
connection, see the principle of non-discrimination as set out in article 2, paragraph 2, of the
International Covenant on Economic, Social and Cultural Rights, the same naturally being true
of article 13 of that Covenant. Similarly, General Comment No. 13 of the Committee on
Economic, Social and Cultural Rights indicates that article 13, paragraphs 2 (a), 3 and 4, of the
Covenant impose obligations which are of immediate effect (HRI/GEN/1/Rev.4,
7 February 2000). See also General Comment No. 18 on article 26 of the International Covenant
on Civil and Political Rights, in which the Human Rights Committee indicates that the
application of the principle of non-discrimination contained in article 26 of the Covenant is not
limited to those rights which are provided for in the Covenant (HRI/GEN/1/Rev.4, para. 12).
80
The hesitant wording of article 2, paragraph 1, of the International Covenant on Economic,
Social and Cultural Rights (“… to the maximum of its available resources, with a view to
achieving progressively the full realization of the rights recognized in the present Covenant”)
does not relate to the principle of non-discrimination set out in paragraph 2 of that article. See
General Comment No. 13, in which the Committee on Economic, Social and Cultural Rights
states that the principle “applies fully and immediately to all aspects of education and
encompasses all internationally prohibited grounds” of discrimination (E/C.12/1999/10,
para. 31); similarly, see the same Committee’s General Comment No. 3 (HRI/GEN/1/Rev.4,
paras. 1 and 2), which speaks in this connection of a “minimum core obligation”. See also the
following two documents, submitted for the day of general discussion on the right to education
organized by the Committee on Economic, Social and Cultural Rights: Paul Hunt, “State
obligations, indicators, benchmarks and the right to education”, E/C.12/1998/11 (para. 6) and
Audrey Chapman and Sage Russel, “Violations of the right to education”, E/C.12/1998/19
(paras. 7 et seq).
81
As we have seen, paragraph 1 refers to the objectives of education: “Education shall be
directed to …”.
82
See the study mentioned in note 76 (HR/GVA/WCR/SEM.1/2000/WP.1, paras. 12 et seq).
83
Ibid, para.13. See the Committee on the Elimination of Racial Discrimination, “General
guidelines regarding the form and contents of reports to be submitted by States parties”
(CERD/C/70/Rev.5, 5 December 2000, para. 9) and Committee on the Rights of the Child,
“General guidelines regarding the form and contents of periodic reports”, CRC/C/58, paras. 112
and 113.
84
“Revised general guidelines regarding the form and contents of reports to be submitted by
States parties under articles 16 and 17 of the International Covenant on Economic, Social and
Cultural Rights” (E/C.12/1991/1, guidelines 1 to 9 relating to article 13).