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CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
(3) Parents have a prior right to choose the kind of education that shall be given to
their children.”
2. The Convention against Discrimination in Education 1960
78. The above Convention, which was adopted by the United Nations
Educational, Scientific and Cultural Organization during its 11th session
October-December 1960, provides in Articles 1, 3 and 5:
“Article 1
1. For the purposes of this Convention, the term ‘discrimination’ includes any
distinction, exclusion, limitation or preference which, being based on race, colour,
sex, language, religion, political or other opinion, national or social origin, economic
condition or birth, has the purpose or effect of nullifying or impairing equality of
treatment in education and in particular:
(a) Of depriving any person or group of persons of access to education of any type
or at any level;
(b) Of limiting any person or group of persons to education of an inferior standard;
(c) Subject to the provisions of Article 2 of this Convention, of establishing or
maintaining separate educational systems or institutions for persons or groups of
persons; or
(d) Of inflicting on any person or group of persons conditions which are incompatible with the dignity of man.
2. For the purposes of this Convention, the term ‘education’ refers to all types and
levels of education, and includes access to education, the standard and quality of
education, and the conditions under which it is given.
Article 3
In order to eliminate and prevent discrimination within the meaning of this
Convention, the States Parties thereto undertake:
(a) To abrogate any statutory provisions and any administrative instructions and to
discontinue any administrative practices which involve discrimination in education;
...
Article 5
1.The States Parties to this Convention agree that:
(a) Education shall be directed to the full development of the human personality and
to the strengthening of respect for human rights and fundamental freedoms; it shall
promote understanding, tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for the maintenance of
peace; ...”