A/CONF.189/PC.2/22
page 9
22.
In the above-mentioned General Comment No. 13, the Committee on Economic, Social
and Cultural Rights considers, not without some hesitation, that “in some circumstances, separate
educational systems or institutions for groups … shall be deemed not to constitute a breach of
the Covenant”; it merely endorses article 2 of the 1960 UNESCO Convention (E/C.12/199+9/10,
para. 33), which is the one that provides the most detailed information on the question.
23.
The UNESCO Convention deals with the question of “separate educational systems or
institutions” in the provision on situations deemed not to constitute discrimination within the
meaning of article 1. According to the Convention, such an educational system must basically
be exceptional in nature and integration thus depends on the establishment of a single public
educational system in which pupils belonging to various minorities and ethnic and religious
groups learn to frequent one another and live together peacefully from a very young age.
24.
The Convention lays down very strict conditions for the establishment or maintenance of
separate educational institutions, whether “for pupils of the two sexes” (art. 2 (a)) or “for
religious or linguistic reasons” (art. 2 (b)), it being understood that, in some countries, the two
may overlap.19 In the first case, four conditions, which are at least equivalent to those in force in
the system of non-separate institutions, are laid down. They relate to access, the qualifications of
teaching staff, the quality of school premises and equipment and courses of study in these
institutions. It is obvious, however, that providing service of equivalent quality cannot be
guaranteed if there are sharp disparities in State spending policies.20 Like schools for minorities
(art. 5, para. 1 (c) (iii)), separate institutions established for religious or linguistic reasons must
fulfil the condition of optional attendance or participation and conformity with such standards as
may be laid down or approved by the State, in particular for education of the same level.21
2. Specific obligations: the education of minority, indigenous
and migrant children
25.
The “sense of dignity - cultural identity - diversity” triptych to be found in several
international instruments is one of the basic objectives of education, whose purpose is not only to
transmit knowledge.22 A person’s sense of dignity depends on the acquisition of “cultural
identity”, defined as “a set of cultural values by which persons or groups define themselves,
express themselves and wish to be recognized; cultural identity implies freedoms inherent in
personal dignity and combines cultural diversity, the specific and the universal, and memory and
project in a constantly evolving process”.23 The education and cultural identity of a group are
thus closely related and any prejudice leading to discrimination or intolerance is a violation of a
person’s integrity. The right to education is thus particularly significant for ethnic, linguistic
and/or religious minorities as a means of safeguarding their cultural identity and protecting
themselves from various kinds of discrimination. International instruments recognize that these
minorities have specific rights, whose exercise is nevertheless subject to certain conditions, the
basic reason for which is that the social cohesion and unity of the State should not be disrupted.