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.

Select target paragraph3