EXPLANATORY NOTE TO
THE HAGUE RECOMMENDATIONS
REGARDING THE EDUCATION RIGHTS
OF NATIONAL MINORITIES
GENERAL INTRODUCTION
The Universal Declaration of Human Rights of 1948 broke new ground in that it
was the first international instrument to declare education to be a human right.
Article 26 of the Declaration refers to elementary education as compulsory. It
engages States to make technical and professional education generally available
and higher education accessible on the basis of merit. It also makes clear that the
objective of education should be the full development of the human personality
and the strengthening of respect for human rights and fundamental freedoms.
Article 26 goes on to say that education shall promote understanding, tolerance
and friendship among nations, racial or religious groups and contribute to the
maintenance of peace. It also makes clear that parents have a prior right to
choose the kind of education that shall be given to their children. The provisions
of article 26 are reiterated with greater strength in the context of treaty law and
in greater detail in article 13 of the International Covenant on Economic,
Social and Cultural Rights.
Article 26 sets the tone of openness and inclusiveness for the subsequent
international instruments which have emerged over time and have confirmed
and further elaborated the right to education both generally and with reference
to minorities specifically.
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Article 27 of the International Covenant on Civil and Political Rights.
Article 30 of the Convention on the Rights of the Child.
The above mentioned articles guarantee the right of minorities to use their
language in community with other members of their group. The articles below,
for their part, provide guarantees relating to the possibility for national minorities
of learning their mother tongue or learning in their mother tongue.
The Hague Recommendations - October 1996
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