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CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
4. The International Convention on the Elimination of All Forms of
Racial Discrimination 1966
80. Article 5 of the above United Nations Convention provides (as
relevant):
“In compliance with the fundamental obligations laid down in article 2 of this
Convention, States Parties undertake to prohibit and to eliminate racial discrimination
in all its forms and to guarantee the right of everyone, without distinction as to race,
colour, or national or ethnic origin, to equality before the law, notably in the
enjoyment of the following rights:
...
(e) Economic, social and cultural rights, in particular:
...
(v) The right to education and training;”
5. The Convention on the Rights of the Child 1989
81. Articles 28 and 29 of the above United Nations Convention provide:
“Article 28
1. States Parties recognize the right of the child to education, and with a view to
achieving this right progressively and on the basis of equal opportunity, they shall, in
particular:
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education, including
general and vocational education, make them available and accessible to every child,
and take appropriate measures such as the introduction of free education and offering
financial assistance in case of need;
(c) Make higher education accessible to all on the basis of capacity by every
appropriate means;
(d) Make educational and vocational information and guidance available and
accessible to all children;
(e) Take measures to encourage regular attendance at schools and the reduction of
drop-out rates.
2. States Parties shall take all appropriate measures to ensure that school discipline
is administered in a manner consistent with the child’s human dignity and in
conformity with the present Convention.
3. States Parties shall promote and encourage international cooperation in matters
relating to education, in particular with a view to contributing to the elimination of
ignorance and illiteracy throughout the world and facilitating access to scientific and