A/CONF.189/PC.2/22
page 41
14
Article 26, paragraph 1, of the Universal Declaration; article 13, paragraphs 2 and 14, of the
Covenant; article 28, paragraph 1, of the Convention on the Rights of the Child. See also the
Committee’s General Comment No. 11 on primary education which is compulsory and free of
charge (E/C.12/1999/4, paras. 6 and 7).
15
See Mustapha Mehedi, “The content of the right to education” (E/CN.4/Sub.2/1999/10,
para. 58), who refers to the document by Patrice Meyer-Bisch mentioned in note 5.
16
See the report of the Montreal International Seminar on Intercultural and Multicultural
Education, 29 September-2 October 1999 (E/CN.4/Sub.2/AC.5/2000/WP.4, para. 24).
17
Doris Angst Yilmaz, “Remedies for victims of discrimination in education: the problem of
separate classes for nationals and foreigners”, background paper submitted to the Expert Seminar
on Remedies Available to the Victims of Acts of Racism and Racial Discrimination, organized
from 16 to 18 February 2000 in preparation for the World Conference against Racism
(HR/GVA/WCR/SEM.1/2000/WP.2, para. 5); in paragraph 6 of this document, the author
proposes that separate classes should quite simply be dispensed with.
18
This might be the case of the Aboriginal population in Australia. In this connection, see the
following document of the Working Group on Indigenous Populations containing information
from an Aboriginal education leader: Jack Beetson, “Indigenous peoples and our right to an
independent indigenous education system” (E/CN.4/Sub.2/AC.4/1998/2, para. 7, p. 9).
19
The establishment of institutions separated by gender may be based on primarily religious
reasons or on a particular approach to religion and public morals.
20
See General Comment No. 13 of the Committee on Economic, Social and Cultural Rights on
article 13 of the Covenant (E/CN.12/1999/10).
21
At first glance, the wording of article 2 (b) may suggest that reference is being made to
private educational institutions (religious, for example) and that it therefore duplicates that of
article 2 (c)), but this argument is not valid because it would then not be clear why the
Convention took the trouble to make a distinction between these different types of institutions in
different provisions and why the concept of “separate institutions” should mean that “separation”
is to be understood in relation to institutions belonging to the public educational system, not in
relation to private institutions.
22
The four main pillars of education are learning to know, learning to do, learning to live
together and learning to be; see Jacques Delors, Learning: The Treasure Within: Report to
UNESCO of the International Commission on Education for the Twenty-first Century, Paris,
UNESCO/Odile Jacob, 1996, pp. 99 et seq.
23
Fribourg Group, Draft Declaration on Cultural Rights, Fribourg, 1998, p. 12, cited by
Mustapha Mehedi, “The content of the right to education” (E/CN.4/Sub.2/1999/10, para. 26).
24
See, inter alia, Francesco Caportorti, op. cit., (note 8), paras. 345 and 346.