A/CONF.189/PC.2/22
page 23
74.
Thus, in contrast to certain aspects of the realization of the right to education, namely the
establishment of an educational system, the very wording of the undertakings made imposes on
States an obligation of result under which, in terms of content, education must be provided in
conformity with the relevant principles established by international instruments.79 In this and all
other areas, non-discrimination is not to be realized “progressively”, but must be guaranteed
immediately and fully and is equally relevant to all States, irrespective of their level of
development.80
75.
This obligation applies to the entire educational system of a given country, even when the
educational institutions are not State-run. It is the educational function in and of itself that is
subject to the principles of non-discrimination and tolerance, irrespective of the status of those
responsible for running the educational institutions. Several instruments, when dealing with the
establishment of private educational institutions, go so far as to stipulate that they must respect
the principles of non-discrimination on the basis of race and of tolerance, inter alia.
76.
Irrespective of the status of the educational authorities (public, private or religious
institutions, schools for minorities, etc.), however, it must be noted that it is the State which, in
the final analysis, is responsible for the non-discriminatory content of the education dispensed in
these institutions and that the State may incur international responsibility in this area. Two types
of relevant provisions may be mentioned here:
(a)
The first, a general provision, relates to the State’s efforts to give effect to the
principle of non-discrimination: “States Parties undertake to adopt immediate and effective
measures, particularly in the fields of teaching, education … with a view to combating prejudices
which lead to racial discrimination and to promoting understanding, tolerance and friendship
among … racial or ethnical groups …” (article 7 of the International Convention on the
Elimination of All Forms of Racial Discrimination).
(b)
The second relates specifically to the State’s responsibility in this area: “The
States Parties to this Convention undertake to take all necessary measures to ensure the
application of the principles enunciated in paragraph 1 of this article.” (article 5, paragraph 2, of
the 1960 UNESCO Convention).81
Hence, the obligation of result that is incumbent upon the State in relation to the
non-discriminatory content of education cannot be interpreted as a simple negative obligation. It
is also, and especially, a positive obligation to take the necessary steps to guarantee that the
content of education is non-discriminatory and tolerant.
2. Monitoring of the obligations relating to the content of education
77.
The content of education as it relates to racial discrimination and religious intolerance
falls within the purview of several bodies involved in the monitoring of international human
rights treaties whose objects include education, either fully or in part. As we have seen, this is
due to the crosscutting nature of the right to education and to the variety of fields in which it is
implemented and of its beneficiaries.