EDUCATION RIGHTS
prohibited grounds of discrimination. Eliminating such discrimination requires
fulfilling the governmental obligation to encourage attendance,29 notably by
adapting education to ensure that it is in the best interests of all children,30 including through promoting the culture, language and religion of minority and indigenous children.31 To achieve this requires that representatives of minorities and
indigenous peoples be present in participatory processes of designing, re-designing
or re-thinking educational systems.32
Ensuring non-discrimination, and the promotion of equality through education
leads to questioning segregation. The UNESCO Convention Against
Discrimination in Education prohibits ‘establishing or maintaining separate
educational systems or institutions for persons or groups of persons’, with some
exceptions, notably for religious or linguistic reasons.33 However, a common
recommendation of bodies charged with monitoring state practice in realizing
human rights obligations is to pursue integrated education.34
Freedom of education – acceptability
An important element of the right to education is the guarantee of pluralism in
education,35 encapsulated in the rights of parents to ensure the religious and moral
education of their children in conformity with their own convictions,36 and to
establish schools outside the public education system (subject to state regulation to
ensure that they reach minimum quality assurance standards).37 The denial of these
rights – including to minorities and indigenous peoples – is considered by UN
bodies as a human rights violation. This right has been successfully defended
before both regional38 and national human rights bodies.39
In general, states do not have obligations to fund private schools equally with
public schools.40 Bodies monitoring state practice do occasionally require funding
of private minority schools where these fill a gap in provision.41 However, states are
required to adopt special measures to pursue de facto equality.42 The right to
education can act as a multiplier: where it is realized, opportunities for realizing a
range of rights are enhanced.43 Special measures in education to this end should
always be based on reasonable and objective criteria44 (such as redressing historical
marginalization), and should cease once the objective has been attained.45 So, for
example, special measures for education of the Roman Catholic minority in
Canada, was no longer justified over one hundred years after adopted, as there was
nothing to suggest that the Roman Catholic community remained in a disadvantaged position vis-à-vis other religious groups.46
Rights-based contents of education – adaptability
Education should promote understanding among all ‘ethnic’ groups, as well as
national, racial and religious groups,47 and should be culturally appropriate in both
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