languages reinforce each other and the linguistic identity is then both instrumental and a goal
in itself at the same time.
It is worth mentioning that very few States address the issue of the aims of education in their
Reports. Some States do address the principles of education and educational curricula under
Article 6 of the Framework Convention.9 The Advisory Committee discussed the aims of
minority education also when noting that Sorbian minority schools had existed for over a
hundred years and had not only “an educational function but also contribute to the expression
of Sorbian identity in the areas traditionally inhabited by this minority”.10
1.4
Importance of Articles 4 - 6 of the Framework Convention
Parents want their children to have a good quality education ensuring them equality of access
and treatment and enabling children to develop their capabilities and personalities, to become
full members in the societies in which they live and to live decent lives. All States have an
interest in and an obligation to encouraging and facilitating such efforts and in ensuring social
cohesion in their territory.
In addition to the specific provisions (Articles 12-14) guaranteeing the right to education and
rights in education, Article 6 of the Framework Convention identifies education as an area of
specific importance with regard to the necessity of a spirit of tolerance and intercultural
dialogue:
‘1.
The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective
measures to promote mutual respect and understanding and co-operation among all persons living on their
territory, irrespective of those persons' ethnic, cultural, linguistic or religious identity, in particular in the
fields of education, culture and the media.
2.
The Parties undertake to take appropriate measures to protect persons who may be subject to threats
or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious
identity.’
Articles 4, 5 and 6 form a continuum of core obligations of States.
In the field of education, Article 4 guarantees equal access to education and prohibits
discrimination. It also explains that State Parties undertake to adopt, where necessary, positive
measures to promote full and effective equality for persons belonging to national minorities.
This cannot be sufficiently emphasized. The Framework Convention presupposes that States
actively pursue the goals embodied in the Convention. A passive attitude may amount to a
violation of the obligations provided for under the Convention. Examples of this are the
absence of legislation guaranteeing rights to and in education for persons belonging to
national minorities, or minority policies that are of an ad hoc and unsystematic character.11
Such - appropriate and necessary - measures introduced in order to promote the full and
9
See e.g. State Report of Estonia ACFC/SR(99)16, paragraphs 30-31, discussing the aims of the Estonian
Education Act and also the State Report of Switzerland ACFC/SR(2001)2, paragraph 153, on the importance of
education for intercultural contact and promotion of tolerance.
10
See Advisory Committee Opinion on Germany ACFC/INF/OP/I(2002)008, paragraph 59.
11
See for instance the Opinion on Italy ACFC/INF/OP/I(2002)007, paragraph 58, where the Advisory Committee
notes that teaching of minority languages should be part of co-ordinated programmes rather than only
experimental isolated efforts. In the Opinion on Sweden ACFC/INF/OP/I(2003)006, paragraph 60, the Advisory
Committee criticized the absence of legislative guarantees for bilingual education for others than the Sami, in
spite of the existence of a clear demand in this regard.
9