A/CONF.189/PC.2/22
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education must be universal, ensure that the basic learning needs of all children are satisfied and
take into account the culture, needs and opportunities of the community”. In addition to
“essential learning tools”, article 1 of the Declaration defines basic needs as “the basic learning
content (such as knowledge, skills, values and attitudes) required by human beings to be able to
survive …”. The importance of primary education is also demonstrated by the position it
occupies in the International Covenant on Economic, Social and Cultural Rights (article 14 refers
to “the progressive implementation of the principle of compulsory education free of charge for
all”) and in the mandate of Ms. Katarina Tomaševski, Special Rapporteur of the Commission on
Human Rights on the right to education, as defined in resolution 1998/33 of 17 April 1998 (the
mandate is reproduced in paragraph 1 of the Special Rapporteur’s preliminary report
(E/CN.4/1999/49)).3
6.
All in all, school education, especially primary (or elementary) and secondary education,
makes it possible to tackle the root causes that may lead to racial discrimination and religious
intolerance or to tolerance and non-discrimination; it will thus be the focus of our attention.
7.
Education plays a key role, particularly in societies which are diversified along ethnic
and/or religious lines. Far from being an exclusively technical or pedagogical matter or one
involving the transmission of knowledge or know-how, it may also heighten or mitigate tensions,
may promote confrontation or strengthen the cohesion and integration of groups within society
and may build tolerance or be the seat of intolerance of all kinds. As Joseph Yacoub rightly
points out, “it all starts in the head. A soldier fighting in a war starts out as a schoolboy fighting
in the schoolyard”.4
8.
It is therefore understandable that education must be based primarily on the principle of
equality of opportunity and non-discrimination. These are the foundations of the transition from
education as a global objective to a “right” inherent in it, i.e. “the right to education”, the
implementation of which will establish a number of obligations for society in general and
schools in particular, the highest ranking of which is respect for the principle of
non-discrimination. Education is thus a key characteristic of the subject matter of the present
study.
9.
“Education is both a human right in itself and an indispensable means of realizing other
human rights”.5 It enables economically, socially and culturally marginalized persons and
groups to break out of the cycle of poverty and exclusion, play a useful role in society and
develop their sense of dignity. It is not only an instrument for learning and communicating in a
given language within an ethnic, religious or cultural minority, but is also indispensable for the
very survival of the group.6 The multifaceted nature of the objectives of education are reflected
in the nature of the resulting right. The right to education is typically a cross-sectoral right, at
one and the same time a civil and political right and an economic, social and cultural right
belonging to the first, second and even third generations of human rights (solidarity rights). It is
a shining example of the indivisibility of human rights.7 As far as racial discrimination and
religious intolerance are concerned, the realization of this right will therefore be a matter of
concern to several categories of persons and, as will be seen, comes within the jurisdiction of
several United Nations human rights bodies (treaty and non-treaty bodies).