APPENDIX : INVENTORY OF EDUCATIONAL ISSUES ADDRESSED BY THE
ADVISORY COMMITTEE IN ITS FIRST CYCLE OPINIONS
Article 4
[Cross-reference with articles 5, 6, 12, 13, 14]
1
The Parties undertake to guarantee to persons belonging to national minorities the right of equality
before the law and of equal protection of the law. In this respect, any discrimination based on belonging to
a national minority shall be prohibited.
2
The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all
areas of economic, social, political and cultural life, full and effective equality between persons belonging
to a national minority and those belonging to the majority. In this respect, they shall take due account of
the specific conditions of the persons belonging to national minorities.
3
The measures adopted in accordance with paragraph 2 shall not be considered to be an act of
discrimination.
1.
right of equality before the law and of equal protection of the law
Equality and non-discrimination of persons belonging to national minorities in the field of
education (legal and practical levels)
-
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existence/absence of specific anti-discrimination legislation in education; discriminatory
provisions regarding education
existence of relevant case-law
instances of discrimination of persons belonging to national minorities in the field of
education (discriminatory attitudes of other pupils, teachers and other educational
actors)
isolation, large concentration of minority children (Roma in particular) in certain public
schools because of rejection in other schools
undue placement of minority children (Roma in particular) in separate classes and
school facilities
disproportionate (undue) presence in special schools for mentally disabled children
2.
full and effective equality
-
full and effective equality of persons belonging to national minorities in the field of
education
unequal position of persons belonging to national minorities in the sphere of education
(unequal educational opportunities and unequal access to resources)
impact on their situation in other areas like employment, civil service, etc.
additional measures required in education to obtain full and effective equality
education as a tool for eliminating discrimination and promoting integration.
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-
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Article 5
[Cross-reference with articles 4, 6, 12, 13, 14]
1
The Parties undertake to promote the conditions necessary for persons belonging to national
minorities to maintain and develop their culture, and to preserve the essential elements of their identity,
namely their religion, language, traditions and cultural heritage.
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