A/CONF.189/PC.2/22
page 43
38
See article 26, paragraph 3, of the Universal Declaration of Human Rights.
39
Article 13, paragraph 4, of the International Covenant on Economic, Social and Cultural
Rights: “liberty of individuals and bodies to establish and direct educational institutions ...”;
article 2 (c) of the 1960 UNESCO Convention: “The establishment or maintenance of private
educational institutions ...”. See also, article 13, paragraph 5, of the Protocol of San Salvador,
and article 29, paragraph 2, of the Convention on the Rights of the Child.
40
“The States parties to the present Covenant undertake to have respect for the liberty of parents
and, when applicable, legal guardians to choose for the children schools other than those
established by the public authorities...”. See also article 5, paragraph 1 (b), of the 1960
UNESCO Convention. The Committee on Economic, Social and Cultural Rights notes in its
General Comment No. 13 that this liberty also extends to nurseries (E/C.12/1999/10, para. 30).
41
The meaning of “private” schools varies considerably from one country to another. Generally
speaking, they are schools that are not administered by the State; they may be traditional
profit-making institutions or other kinds of institutions, such as religious schools, minority
schools or schools established by indigenous groups.
42
There are two possibilities open to children belonging to minorities: either they attend
schools for minorities established by the State, or they establish their own schools under State
supervision.
43
See Human Rights Committee, Carl Henrik Blom v. Sweden, communication No. 191/1985,
Selected decisions of the Human Rights Committee under the Optional Protocol,
CCPR/C/OP/2, pp. 227-230. See also European Commission of Human Rights, André Simpson
v. the United Kingdom, application No. 14688/89, decision on admissibility of 4 December 1989,
Decisions and reports, vol. 64, p. 201.
44
Human Rights Committee, Waldman v. Canada, communication No. 694/1996: the
Committee decided that the fact that a distinction in favour of Catholic schools is enshrined in
the Constitution does not render it reasonable and objective, even though Catholic schools are
part of the public school system.
45
Article 13, paragraph 4, of the International Covenant on Economic, Social and Cultural
Rights.
46
See section B below for a discussion of the content of education.
47
Article 13, paragraphs 3-4, of the International Covenant on Economic, Social and Cultural
Rights. See also article 2 (c) and article 5, paragraph 1 (b) of the 1960 UNESCO Convention;
and article 29, paragraph 2, of the Convention on the Rights of the Child.
48
See article 2 (c) of the 1960 UNESCO Convention. This convention defines discrimination
inter alia with reference to consideration relating to the standard of education of an individual or
group (art.1, para. 1 (b), or to situations incompatible with the dignity of man (art. 1, para. 1 (d)).