A/CONF.189/PC.2/22
page 30
a long-term commitment as they involve issues that, by definition, evolve slowly and not always
straightforwardly. We shall distinguish here between domestic and international measures.
A. Domestic measures
1. Establishment of the educational system
102. The numerous measures needed here for the most part depend on the public authorities,
although other actors in the educational field are also concerned.
(a)
Prohibiting and punishing discrimination more severely
103. The State has an important responsibility to supervise the whole educational system
(public and private) in order to detect any forms of racial discrimination or religious intolerance,
whether de facto or de jure and prohibit or, where necessary, punish them. Under article 5,
subparagraph (e) (v), of the International Convention on the Elimination of All Forms of Racial
Discrimination, States parties undertake to prohibit and to eliminate racial discrimination,
notably in the enjoyment of “the right to education and training”. The 1960 UNESCO
Convention against Discrimination in Education elaborates on this provision, dealing in
particular with pupil admissions, the establishment of the educational system and the provision
of grants and subsidies (see, in particular, article 3). States can draw on the Convention for their
own specific legislation.
104. States should take specific measures, including with regard to the minimum age for
admission to employment, and check that they are being effectively implemented to prevent
children from vulnerable groups, especially ethnic and religious groups, from dropping out of
school early.113 However, the law has its limits. Regulations (even if properly applied),
prohibitions, sanctions and so on can only combat manifestations of racial discrimination and
intolerance, not suppress their underlying causes.
(b)
Limiting as far as possible the emergence of a separate educational system
105. Whatever their merits, separate systems are unlikely to ensure the integration of
minorities and immigrant communities, although, in certain circumstances - depending on the
ethnic make-up of a society - they may protect the rights of ethnic and religious minorities. The
State, however, has obligations in this regard which are not confined to non-interference; it has a
vital role in making sure that access to these schools is non-discriminatory and that the education
they provide is based on tolerance. The State also has positive obligations as regards recognition
of the qualifications granted by these schools and the supply of various services, which, where
provided, should be made available on a non-discriminatory basis: financial assistance for
teacher training, buildings maintenance and the payment of subsidies and grants to students.
106. At all events, in accordance with article 5 of the 1960 UNESCO Convention and as
shown by the very different experiences of many countries, separate educational facilities must
not be a factor contributing to “reverse” discrimination or intolerance. Whatever their