I • Minorities and the right to education 9. Every person is entitled to accessible, free and high-quality primary level education. States should take reasonable legislative and other measures to achieve the progressive realization of this right with respect to secondary education and for higher education on the basis of capacity. The right to education for all is grounded in universal and regional human rights instruments, including instruments on minority rights. The core principles of international human rights are fully applicable to the right to education and should be faithfully implemented by States. These include the principles of equality and non-discrimination, as well as the principle of equality of women and men in the enjoyment of all human rights and fundamental freedoms. The principle of non-discrimination includes all persons of school age residing in the territory of a State, including non-nationals, and irrespective of their legal status. 10. School policies or practices that, de jure or de facto, segregate students into different groups based on minority status violate the rights of minorities and also rob the entire society of its best opportunity to foster social cohesion and respect for a diversity of views and experiences. Students and societies gain the greatest educational advantage when classrooms have a diversity of students, ethnically, culturally and economically. 11. The principle of equality does not imply uniform treatment in the field of education regardless of circumstances, but rather that differential treatment of individuals and groups is justified when specified circumstances warrant it, so that the right to equal treatment is also violated when States, without permissible justification, fail to treat differently persons whose situations are significantly different. The principle of non-discrimination implies that persons belonging to minorities should not be treated differently in the field of education solely on the basis of their particular ethnic, religious or cultural characteristics, unless there are permissible criteria to justify such distinctions, including criteria set out in specific instruments on minority rights. National and local contexts are important in the detailed application of educational responsibilities and Governments enjoy a margin of appreciation in applying the principles to particular contexts. 12. Principles of equality and non-discrimination permit the taking of special temporary measures. Such measures are mandatory when the conditions for their application are satisfied. Special measures or affirmative action should be used, for instance, as a means for Governments to recognize the existence of structural discrimination and to combat it. The case of special measures or affirmative action should not be confused with minority or indigenous rights to existence and identity that subsist as long as the individuals and communities concerned desire the continued application of these rights. Measures taken in the field of education for minorities should not constitute a programme of coerced or artificial assimilation. Compilation of Recommendations of the First Four Sessions 2008 to 2011 5 EDUCATION II. CORE PRINCIPLES