activities. Those actors include educators, pupils or students and their parents3, minorities and
their organisations, central, local and regional authorities. It should, however, be made clear
from the very outset that, in view of the multiple aims of education and the multitude of
factual situations, there are no ‘one-size-fits-all-solutions’ in this field.
The purpose of the present Commentary is not to give an exhaustive analysis of all aspects of
minority and intercultural education covered by the Framework Convention. The purpose is to
summarise the experience of the Advisory Committee at the first cycle of monitoring and to
emphasize some of the most crucial issues the Advisory Committee has encountered in its
work. The second monitoring cycle may well include other issues which have not been
prominent during the first cycle.4
Focus in the Commentary is put on the role of the Framework Convention in the task of
balancing, on the one hand, the maintenance and development of the culture and the essential
elements of the identity of persons belonging to national minorities and, on the other hand,
their free integration and participation in the societies where they live. The Advisory
Committee hopes that the present Commentary can be used as a tool in the design and
implementation of relevant educational policies in State Parties and also as an additional
element in the constructive dialogue it has developed during the first cycle of monitoring with
State Parties.
1.2 The Framework Convention as an integral part of International Human Rights
Instruments
The protection of national minorities and of the rights and freedoms of persons belonging to
those minorities forms an integral part of the international protection of human rights as
provided in Article 1 of the Framework Convention:
‘The protection of national minorities and of the rights and freedoms of persons belonging to those
minorities forms an integral part of the international protection of human rights, and as such falls within
the scope of international co-operation.’
It follows that the right to education and the rights in education for minorities, as guaranteed by
the Framework Convention, are an integral part of education rights as entrenched in a number
of specific provisions in international instruments, including the Universal Declaration of
Human Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention on the Rights of the Child, the Convention on the Elimination of All Forms of
Discrimination against Women, the UNESCO Convention against Discrimination in Education,
the European Convention of Human Rights and Fundamental Freedoms and the Revised
European Social Charter.
A number of different rights are covered in these provisions, including:
-
the principle of a free and compulsory primary education;
equal access to education and equal opportunities within the educational system;
the liberty of parents to choose the kind of education that shall be given to their
children according to their own religious, moral or philosophical convictions;
3
The Commentary covers not only the education of children but also of older persons (young students, adults
etc.)
4
For this reason the Commentary refers only to materials from the first monitoring cycle.
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