A/CONF.189/PC.2/22
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that is used officially or has constitutional status becomes a force for integration and national
unity and guarantees non-discrimination among the minority languages, thereby showing the
limits of linguistic diversity.
32.
Whatever the situation, there are two problems to be addressed: the right of the child
belonging to a minority to teaching of his own language and to teaching in his own language.
The positions adopted in international instruments vary greatly in this regard, reflecting the
progressive recognition of the phenomenon of minorities.
No explicit recognition
33.
Several instruments contain no explicit provision obliging States to arrange for teaching
of or in minority languages. Examples of this are the 1948 Universal Declaration of Human
Rights and the two International Covenants of 1966, but particularly the International Covenant
on Economic, Social and Cultural Rights, which, perhaps surprisingly considering that it deals
with education as a whole (arts. 13 and 14), makes no special reference to the issue of the
language to be used in teaching children belonging to minorities. Two hypotheses could be
advanced in this regard.
34.
The first hypothesis is extensive and refers more to the spirit than to the letter of such
instruments. It may be argued, either on the basis of the general principle of non-discrimination
and the aims of education, or, more directly, on the basis of the rights recognized for minorities
(article 27 of the International Covenant on Civil and Political Rights), that recognition of
language rights as a vector for the development of the human personality and of the sense of
dignity of the children concerned, places an implicit obligation on States. Non-discrimination on
racial or ethnic grounds would then be viewed as a positive obligation to guarantee the children
of such minorities teaching of and in their mother tongues through the State educational system.
The Committee on Economic, Social and Cultural Rights does not shed any particular light on
this issue in its General Comment No. 13 on article 13 of the Covenant.
35.
However, on the basis of the rules of interpretation27 and as a matter of general principle,
that hypothesis is difficult to accept. Even the most pertinent provisions (article 27 of the
International Covenant on Civil and Political Rights) does not impose a positive obligation on
States and indeed does not refer to the right to education. This is the interpretation which the
European Court of Human Rights seems to give, in the Belgian “languages in education” case, to
article 2 of the First Protocol to the European Convention on Human Rights (“No person shall be
denied the right to education”). In its judgement on the merits, of 23 July 1968, the Court
concludes that article 2 “merely [guarantees] to persons subject to the jurisdiction of the
Contracting Parties the right ... to avail themselves of the means of instruction existing at a
given time”. The Court confirmed the State’s right to determine the official languages to be used
in public education and stated: “The Convention lays down no specific obligations ... In
particular ... [it] does not specify the language in which education must be conducted ... .”28