E/C.12/GC/21
24.
The adoption of temporary special measures with the sole purpose of achieving de
facto equality does not constitute discrimination, provided that such measures do not
perpetuate unequal protection or form a separate system of protection for certain
individuals or groups of individuals, and that they are discontinued when the objectives for
which they were taken have been achieved.
E.
Persons and communities requiring special protection
1.
Women
25.
Ensuring the equal right of men and women to the enjoyment of economic, social
and cultural rights is a mandatory and immediate obligation of States parties.22
Implementing article 3 of the Covenant, in relation to article 15, paragraph 1 (a), requires,
inter alia, the elimination of institutional and legal obstacles as well as those based on
negative practices, including those attributed to customs and traditions, that prevent women
from participating fully in cultural life, science education and scientific research.23
2.
Children
26.
Children play a fundamental role as the bearers and transmitters of cultural values
from generation to generation. States parties should take all the steps necessary to stimulate
and develop children’s full potential in the area of cultural life, with due regard for the
rights and responsibilities of their parents or guardians. In particular, when taking into
consideration their obligations under the Covenant and other human rights instruments on
the right to education, including with regard to the aims of education,24 States should recall
that the fundamental aim of educational development is the transmission and enrichment of
common cultural and moral values in which the individual and society find their identity
and worth.25 Thus, education must be culturally appropriate, include human rights
education, enable children to develop their personality and cultural identity and to learn and
understand cultural values and practices of the communities to which they belong, as well
as those of other communities and societies.
27.
The Committee wishes to recall in this regard that educational programmes of States
parties should respect the cultural specificities of national or ethnic, linguistic and religious
minorities as well as indigenous peoples, and incorporate in those programmes their
history, knowledge and technologies, as well as their social, economic and cultural values
and aspirations. Such programmes should be included in school curricula for all, not only
for minorities and indigenous peoples. States parties should adopt measures and spare no
effort to ensure that educational programmes for minorities and indigenous groups are
conducted on or in their own language, taking into consideration the wishes expressed by
communities and in the international human rights standards in this area.26 Educational
programmes should also transmit the necessary knowledge to enable everyone to participate
fully and on an equal footing in their own and in national communities.
22
23
24
25
26
GE.09-46922
General comment No. 16 (2005), para. 16.
Ibid., para. 31.
In particular articles 28 and 29 of the Convention on the Rights of the Child.
World Declaration on Education for All: Meeting Basic Learning Needs, art. I-3.
In particular the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities, the Declaration on the Rights of Indigenous Peoples and the International
Labour Organization Convention concerning Indigenous and Tribal Peoples in Independent Countries
(Convention No. 169).
7