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).