PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation 3. The principle of inclusiveness, by which all students are given an opportunity to learn the official language and about inter-cultural understanding.1075 In explaining the principle of proportionality, the Special Rapporteur on minority issues sets out that: It is … the potential negative impacts, such as disadvantage or exclusion, on individuals rather than languages that are considered in assessing the reasonableness of any language preference in the policies, support or services provided at all levels by state authorities and actions. A basic approach to determining reasonableness is to use as a starting point the principle of proportionality, as far as is practicable given local circumstances, in all language matters related to public services. Issues of disadvantage, exclusion and reasonableness are central to the basis for a proportional approach to the use of minority languages in a state’s public services and other activities.1076 The Special Rapporteur on minority issues has noted that: the proportionate use of the language of minorities in education, combined with quality teaching of the official language: 1. Is more cost-effective in the long term. 2. Reduces dropout and repetition rates. 3. Leads to noticeably better academic results, particularly for girls. 4. Improves levels of literacy and fluency in both the mother tongue and the official or majority language. 5. Leads to greater family and community involvement and support. 6. The use of minority languages in a state’s administrative and other public activities thus involves fundamental issues of inclusiveness, participation, access, quality and effectiveness.1077 In its 2020 resolution on the rights of minorities, focusing in particular on the recommendations of the twelfth session of the Forum on Minority Issues, which addressed issues related to education, language and the human rights of minorities, the Human Rights Council urged States to take a range of measures on these issues, including: (a) Taking legislative, policy or practical measures to ensure that persons belonging to minorities have equal access to education of equal quality, delivered in an inclusive environment that fosters greater achievement for all; (b) Considering ratifying and acceding and adhering to relevant international and regional human rights instruments that protect and promote the rights of persons belonging to linguistic minorities, including those pertaining to the right to education; (c) Providing, wherever possible, persons belonging to minorities with adequate opportunities to learn their own language or to have instruction in their own language, while ensuring that minorities also have access to instruction in official languages; (d) Considering minority language education in the implementation of Goal 4 of the Sustainable Development Goals, aimed at ensuring inclusive and equitable quality education and promoting lifelong learning opportunities for all; (e) Promoting educational environments that respect linguistic and cultural diversity and freedom from discrimination, stigmatization, hatred and hate speech towards persons belonging to minorities, including through public education and information campaigns and by providing training for educators; 158 1075 Special Rapporteur on minority issues, “Language rights of linguistic minorities: a practical guide for implementation”, p. 18. See also A/HRC/43/47, para. 47. 1076 Special Rapporteur on minority issues, “Language rights of linguistic minorities: a practical guide for implementation”, p. 13. 1077 Ibid., p. 14 (footnotes omitted).

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