A/CONF.189/PC.2/22 page 7 15. The 1960 UNESCO Convention also does not deal with the victims of discrimination. In its General Comment No. 13, the Committee on Economic, Social and Cultural Rights takes note of article 3 (e) of the UNESCO Convention and “confirms that the principle of non-discrimination extends to all persons of school age … including non-nationals, and irrespective of their legal status” (E/C.12/1999/10, para. 34). In this connection, reference may also be made to article 2 of the Convention on the Rights of the Child. 16. The 1960 UNESCO Convention also defines discrimination in terms of its purpose: prohibited discrimination is that which “has the purpose or effect or nullifying or impairing equality of treatment in education” (art. 1, para. 1). Such equality of opportunity and treatment is the basis of any educational system; it does not make it an obligation for States to guarantee education by building schools; it merely guarantees equality of access to already existing educational institutions.11 For States and for all educational authorities, it involves more or less specific obligations provided for by many international instruments. 1. General obligations (a) Compulsory education free of charge 17. Equality of opportunity and treatment establishes a positive obligation for States to set up a system of education that is accessible to all. In the relevant international instruments and, in particular, the 1960 UNESCO Convention, the content of this obligation is closely linked to respect for the principle of non-discrimination and to the definition of prohibited discrimination. Thus, while article 1, paragraph 1 (a), defines discrimination, inter alia, as the fact “of depriving any person or group of persons of access to education of any type or at any level”, article 4 (a) requires States “to make primary education free and compulsory; make secondary education in its different forms generally available and accessible to all …”. At least as far as primary education is concerned, non-discrimination in education therefore directly involves the establishment of free and compulsory education for the benefit of all, regardless of race and/or religion.12 There is thus a close correlation between the principle of non-discrimination and the establishment of free and compulsory education, particularly for minorities and ethnic and religious groups.13 In its General Comment No. 11 (1999) on article 14 of the International Covenant on Economic, Social and Cultural Rights, the Committee reports that, “in developing countries, 130 million children of school age are currently estimated to be without access to primary education, of whom about two thirds are girls” and that “the work of the Committee has shown that the lack of educational opportunities for children often reinforces their subjection to various other human rights violations” (E/C.12/1999/4, paras. 3 and 4). Article 3 of the 1960 UNESCO Convention lists the measures that States must take in order to respect this obligation and ensure that it is respected by the entire public and private educational system, regardless of the nationality of pupils. As at the primary level, the State is bound to guarantee respect for the compulsory nature of education, particularly for the benefit of girl children, regardless of the religious or philosophical beliefs of the parents or legal guardians. General Comment No. 11 also states: “The element of compulsion serves to highlight the fact that neither parents, nor guardians, nor the State are entitled to treat as optional the decision as to whether the child should have access to primary education” (E/C.12/1999/4, para. 6).