A/CONF.189/PC.2/22
page 42
25
See the UNESCO communication entitled “Methodological notes on linguistic reform to
promote indigenous languages”, paragraphs 1 and 2, in Working Group on Indigenous
Populations document E/CN.4/Sub.2/AC.4/1998/2, pp. 3-7.
26
See “Education rights of minorities: the Hague Recommendations”, working paper submitted
to the Working Group on Minorities (E/CN.4/Sub.2/AC.5/1997/WP.3).
27
Article 31, paragraph 1 of the 1969 Vienna Convention on the Law of Treaties.
28
Judgement of 23 July 1968, series A, No. 6, cited in Vincent Berger, Jurisprudence de la
CEDH, fifth edition, Paris, Sirey, 1996, para. 1156.
29
See Gómez del Prado, op. cit. (note 6), who observes, in note 7, that, for F. Coomans, the use
of the term “recognize” in, for example, article 5, paragraph 1 (c), of the 1960 Convention is
closely linked to the idea of progressive realization, unlike the terms “guarantee”, “respect” or
“ensure”, which imply a stronger obligation.
30
See also article 45 of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families (not yet in force), which uses very permissive
language: “States of employment may provide special schemes of education in the mother
tongue of children of migrant workers ...”.
31
These articles regulate the “special measures” or differential treatment in favour of certain
racial or ethnic groups which are not deemed racially discriminatory. See the Committee’s
annual report for 1976 (A/31/18, p. 30).
32
See, for example, the 1996 annual report of the Committee on the Elimination of Racial
Discrimination (A/51/18, pp. 28 and 33) and its 1973 annual report (A/9018, p. 65).
33
See also article 14, paragraph 3, of the European Council Framework Convention. According
to the case law of the Committee on the Elimination of Racial Discrimination, the majority
language should also be taught (see the Committee’s annual report for 1983 (A/38/18, p. 54)).
34
See also article 8, paragraph 4 of the 1992 Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities.
35
There is no contradiction between the two aspects, since it is not the type of education
guaranteed that is compulsory, but schooling for children.
36
37
See Mehedi, “The content of the right to education” (E/CN.4/Sub.2/1999/10, para. 46).
Principle 7 of the Declaration of the Rights of the Child; see also article 5, paragraph 2 of the
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief, of 25 November 1981, which refers to “the best interests of the child [as]
being the guiding principle” in religious education.