A/CONF.189/PC.2/22
page 13
(b)
Conditions for the exercise of these rights
39.
In the area of education, the promotion of minority languages and, more specifically, the
right to carry on educational activities should not result in the isolation or exclusion of certain
ethnic and racial groups. The 1960 UNESCO Convention places three conditions on the exercise
of this right (see article 5, paragraph 1 (c)):
(a)
It must not be “exercised in a manner which prevents the members of these
minorities from understanding the culture and language of the community as a whole and from
participating in its activities, or which prejudices national sovereignty”. There are, in fact, two
distinct conditions here: the first relates to the linguistic and cultural integration of
schoolchildren belonging to minorities, since knowledge of the official language tends to
promote integration and social cohesion;33 the second protects the State’s territorial integrity and
sovereignty and prohibits, in particular, the provision of education that might promote separatist
tendencies;34
(b)
As with separate educational establishments and private schools (see article 2 (b)
and (c)), the level of education in minority schools must not be inferior to the general standard
laid down or approved by the competent authorities;
(c)
Lastly, as with separate institutions established for religious or linguistic reasons
(see article 2 (b)), attendance at such schools must be optional.
3. The right to freedom of education
40.
The principle of non-discrimination that obliges the State to provide free and compulsory
education (the right to education as a social right) entails another aspect of the right to education,
which puts it more on a par with the classic individual freedoms: the right to freedom of
education.35 A quality education should not only aim to enable all persons to participate
effectively in a free society (article 13, paragraph 1, of the International Covenant on Economic,
Social and Cultural Rights) but should also be based on personal freedom, i.e. on “a multiplicity
of educational supply”.36 This aspect is stressed by the human rights instruments. All education
policy should take account of “the best interests of the child”37 and the responsibility for
educating children falls first and foremost on parents.38 As far as the current discussion is
concerned, this personal dimension has several aspects and raises a number of problems. Let us
consider two of these.
(a)
Non-discrimination and the choice of institutions other than
those established by the public authorities
41.
All the relevant instruments contain more or less detailed provisions regarding freedom
of education; it is clear from these that education is not a State monopoly, but the State has to
ensure respect for the principle of non-discrimination, including non-discrimination on racial
grounds.