authorities should ensure that all the national minorities, particularly those that are
numerically smaller or do not enjoy the support of a kin-state, benefit equitably from the
special government programmes for national minorities”.36
If used prudently, kin-state support can be an asset both for the minority concerned, other
minority groups as well as for the majority population. When discussing kin-state support in
the field of textbooks and other teaching materials supplied by kin-states, it needs to be taken
into account that such materials may in some cases not reflect adequately and correctly the
experiences and aspirations of minorities concerned since they are produced in and by the kinstate by persons who do not live in the country of the minority at issue.
Equal opportunities for access to education
a)
Legal and institutional framework of education
Rights to, and in education, need to be institutionalized and safeguarded in clear and coherent
legal acts. State Parties must also dedicate the financial resources necessary for the
implementation of adopted legislation at national, regional and local level. This is not always
the case especially as education budgets in many countries in Europe have faced cuts in recent
years. Sometimes there are contradictions between educational legal acts on minority
education and other legal acts devoted to (such as state language laws).
Minority languages are in some cases officially treated as “foreign languages” placed in the
same position as foreign languages with no historical or cultural link to the country
concerned. The Advisory Committee has emphasized that minority languages should be
recognised and treated as part of the linguistic and cultural wealth of a State.37
In other cases the complexity of laws and decrees in this field is such that those concerned
(heads of schools, responsible authorities, teachers, parents and pupils) are unaware of the
actual rules, rights and duties, e.g. with regard to threshold requirements for the retention or
abolition of a class, or a school. Legal certainty and clarity are preconditions for coherent
implementation of the provisions of the Framework Convention, especially since the
Framework Convention requires the concretization and contextualization at national, regional
and local levels. The issue of complexity of the legal framework is linked to the current trend
for decentralization of education, with responsibility delegated to local authorities and further
to heads of schools. In order to be able to participate meaningfully in decisions affecting
them, teachers, parents and pupils should be aware of who decides on different matters and on
the basis of which legal provisions. This also includes decisions on funding of minority
education.
Another aspect related to the legal framework, is that of the means of supervision and
subsequently of enforcement of legal provisions concerning education. Since many State
Parties have provisions on the right to education in their constitutions as well as in a number
of other pieces of legislation, it is remarkable that there is hardly any information in State
Reports on the judicial or other means to enforce such provisions, at national as well as at
local level, nor about court practice in the field of education. One of the exceptions is the
36
Advisory Committee Opinion on Armenia ACFC/INF/OP/I(2003)001, paragraph 63; Advisory Committee
Opinion on Moldova ACFC/INF/OP/I(2003)002, paragraph 116. See also concerns raised under Article 18 in the
Advisory Committee Opinion on Poland ACFC/INF/OP/I(2004)005.
37
Advisory Committee Opinion on Poland ACFC/INF/OP/I(2004)005, paragraphs 68-69.
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