A/CONF.189/PC.2/22
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paragraph 1). Clearly, then, it is not only the State that has obligations regarding the content of
education, but all who occupy positions of responsibility within a country’s educational
system.46
47.
The second aspect relates to the standard of education provided in these establishments,
which should “conform to such minimum educational standards as may be laid down or
approved by the State”.47 The yardstick here is the standard of education provided in public
institutions as regards, for example, admission, curricula and the recognition of certificates
(see General Comment No. 13, E/C.12/1999/10, para. 30). Failure to comply with this principle
may constitute prohibited discrimination.48
48.
The third aspect emerges by converse implication from article 2 (c) of the 1960
UNESCO Convention, concerning non-discriminatory situations. The aim of establishing or
maintaining this type of education must not be “to secure the exclusion of any group but to
provide educational facilities in addition to those provided by the public authorities”.49 Private
schools therefore complement public education in cases where the public system does not
provide teaching of or in the language and of the religion of an ethnic or religious minority.
(b)
Freedom of education, religious education and religious intolerance
49.
In many instruments, religious education is seen as a projection of freedom of
conscience, which is itself the basis of freedom of education.50 That explains why the reference
to religious education is encapsulated within provisions on educational freedom. The most
comprehensive provision in that regard is article 5, paragraph 1 (b), of the 1960 UNESCO
Convention, which reads:
“It is essential to respect the liberty of parents …, secondly, to ensure in a manner
consistent with the procedures followed in the State for the application of its legislation,
the religious and moral education of the children in conformity with their own
convictions; and no person or group of persons should be compelled to receive religious
instruction inconsistent with his or their convictions”.51
Accordingly, the principle of non-discrimination implies in this case two distinct kinds of
obligation falling upon the State.
50.
The first, purely passive obligation (that of non-interference), deriving from the
implementation of educational pluralism, is that of respect for the liberty of parents practising
minority religions to choose for their children private institutions offering an education in
conformity with their convictions, provided that the instruction given meets minimum quality
standards.
51.
The second obligation seems to concern public establishments52 and lays upon the State
two requirements of widely varying stringency. Firstly, the State is required to take the
necessary measures, through appropriate modalities of implementation, to provide within its own
educational system for the religious education of children in accordance with their parents’
convictions and therefore those of minority religious groups.53 The wording of article 5,
paragraph 1 (b), of the 1960 UNESCO Convention does not state what modalities are meant: