A/CONF.189/PC.1/7 page 18 United Nations Educational, Scientific and Cultural Organization 61. Education and culture can also be an area of aggravated discrimination. UNESCO Conventions and other extra-conventional instruments contain many interesting provisions. With regard to education, first of all, the Convention against discrimination in education of 14 December 1960 prohibits discrimination as defined in article 1, based in particular on race, religion or national origin. Articles 1 and 5 of the Convention speak not only of “person” but also “groups of persons” and “national and religious minorities”.75 62. Concerning cultural property, recent conflicts have shown that deliberate attacks against symbolic sites are aimed at destroying the most representative characteristics of an ethnic group’s cultural and religious identity. Among the many instruments adopted by UNESCO, mention should be made of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted at The Hague on 14 May 1954, which considers the cultural property in question to include movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular, etc.76 63. Finally, the overlap between race and religion is inseparable from the culture of a people or minority. UNESCO and several specialists [Capotorti, 1991]77 acknowledge that culture is basically a matter of tradition, in the broad sense, i.e. everything that is socially inherited or transmitted through language, pictures or simply by example: beliefs, including religious beliefs, knowledge, customs, symbols. This means that culture covers, to a considerable extent, the ethnicity of a group or minority and that discrimination is likely to be aggravated if it is aimed at one of its components.78 64. Certain instruments, while they establish the overlap between race and religion, are aimed at protecting particularly vulnerable categories of persons. One such instrument is the Convention on the Rights of the Child, adopted on 20 November 1989; it contains a considerable number of relevant provisions that could form the basis for the elimination of aggravated discrimination.79 The provision relating to minorities, to take one example, extends protection against discrimination, including religious discrimination, to indigenous peoples.80 In the context of minorities, the term “indigenous people or population” is applied to a people or population that meets three essential criteria, namely, prior establishment in a given territory, non-dominance and a claim to an identity that might incorporate features of a religious nature [Schulte-Tenckhoff, 1997].81 Several indigenous peoples are also defined by their religious beliefs and practices, and it is difficult to imagine talking about these cases without talking about the overlap between race and religion (see below, chap. II, sect. A). C. Regional protection 65. Racial and religious conflicts or tension exist to one degree or another on every continent. However, a study of the systems established reveals that the development of such conflicts or tension is certainly not in proportion to the actual or potential intensity of separate or aggravated forms of discrimination. The extent to which minorities, as the ideal target for aggravated

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