Saturday, February 27, 2016

Conditions for the exercise of the right to freedom of education 8/9


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.

http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/daa1576d690994e1c1256a57003417a0/$FILE/G0113802.pdf

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