A/CONF.189/PC.2/22
page 48
85
The section of the above-mentioned General Comment No. 13 relating to the obligations of
States is particularly vague: “States parties are required to ensure that curricula, for all levels of
the educational system, are directed to the objectives identified in article 13 (1). They are also
obliged to establish and maintain a transparent and effective system which monitors whether or
not education is, in fact, directed to the educational objectives set out in article 13 (1)”
(E/C.12/1999/10, para. 49).
86
It has proved impossible to adopt a draft optional protocol to allow for communications and
the consideration of complaints by the Committee; in this connection, see E/CN.4/1997/105.
87
See, for example, the cases Carl Henrik Blom v. Sweden and Waldman v. Canada cited in
notes 43 and 44, as well as the Human Rights Committee’s General Comment No. 18, paragraph
12, on article 26, of the Covenant cited in note 79 (in fine).
88
See chapter III of this study.
89
Discrimination regarding access to and the content of education, or discrimination
resulting from violation of obligations concerning respect for and protection and realization
of the right to education. On the latter classification, see Chapman and Russel, op. cit. (note 80
in fine), para. 17; see also Mehedi, “The realization of the right to education”
(E/CN.4/Sub.2/1998/10, para. 14).
90
Of course, as we have indicated, the author of a violation by act or omission is not always the
State; it may, for instance, be the education authorities in the private educational system, or the
child’s parents or guardians; but it is the State that is ultimately responsible for its educational
system’s compliance with its international obligations.
91
See Beetson, op. cit. (note 18), pp. 8 to 10 of the French text, para. 5.
92
See, on a Ministry of Education of Quebec Web site, “Accommodating religious and cultural
diversity in the school (http://www.meq.gouv.qc.ca/dscc/sup8-la.htm; case 1).
93
Ibid, case 6 concerning allegations by Catholic parents from Latin America objecting on
grounds of cultural particularity.
94
See articles 3 and 18 of the Convention on the Rights of the Child; see also addendum 1 to the
report by Katarina Tomaševski (E/CN.4/2000/6/Add.1, para. 87).
95
See, on a Ministry of Education of Quebec Web site, “Accommodating religious and cultural
diversity in the school” (http://www.meq.gouv.qc.ca/dscc/sup8-la.htm, case 8).
96
UNESCOPRESS On-line, No. 98-161, 28 July 1998, cited by Jonathan A. Kusi, “La
compétence de l’UNESCO en matìere des droits de l’homme: Réflexions critiques sur quelques
problèmes spécifiques”, in Les droits de l’homme à l’aube du XXIème siècle, Karel Vasak
Amicorum Liber, Bruylant, Bruxelles, 1999, p. 621.