A/HRC/12/33
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28. Declaration article 2 reaffirms the existing prohibition of discrimination, as enshrined in
numerous other international human rights instruments.9 Article 2 is also closely linked to
article 44 of the Declaration, which establishes that the rights and freedoms recognized therein
are equally guaranteed to male and female indigenous individuals. The prohibition of
discrimination is subject to neither progressive realization nor the availability of resources, and it
applies to all aspects of the right to education of indigenous peoples.
29. Article 12 (1) reaffirms important aspects of article 29 (1) of the Convention on the Rights
of the Child, including the obligation of States to ensure that education is directed towards the
development of respect for the child’s parents, his or her own cultural identity, language and
values. Article 12 (1) provides that indigenous peoples have the right to manifest, practise,
develop and teach their spiritual and religious traditions, customs and ceremonies.
30. Article 13 (1) recognizes that indigenous peoples have the right to revitalize, use, develop
and transmit to future generations their histories, languages, oral traditions, philosophies, writing
systems and literatures.
31. Articles 12 (1) and 13 (1) are both closely linked to the right to education, as they fall
largely within the ambit of the right to education as pronounced in other international human
rights instruments.
32. Article 14 (1) provides for educational autonomy for indigenous peoples, provided that
such arrangements meet minimum standards for education. This provision specifies that
indigenous peoples have the right to establish and control their educational systems and
institutions providing education in their own languages, in a manner appropriate to their cultural
methods of teaching and learning. Article 14 (1) reaffirms article 29 (2) of the Convention on the
Rights of the Child, which provides individuals and bodies with the liberty to establish and direct
educational institutions, subject to the observance of certain core principles.
33. Article 14 (2) emphasizes that indigenous individuals have the right to all levels and forms
of education of the State without discrimination of any kind. Hence, it reaffirms already existing
human rights provisions, such as article 13 (1) of the International Covenant on Economic,
Social and Cultural Rights and article 28 of the Convention on the Rights of the Child.
34. Article 14 (3) determines that States shall, in conjunction with indigenous peoples, take
effective measures so that indigenous individuals, particularly children, have access, when
possible, to an education in their own culture and language. It follows from the provision that
indigenous peoples living outside their communities also have the right to have access to an
education in their own culture and language, whenever possible.
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Including art. 2 of the International Convention on the Elimination of All Forms of Racial
Discrimination, art. 2 (2) of the International Covenant on Economic, Social and Cultural Rights,
art. 2 (1) of the International Covenant on Civil and Political Rights and art. 2 (1) of the
Convention on the Rights of the Child.