Rural and Remote Education Inquiry Briefing Paper
Rural and Remote
Education Inquiry Briefing Paper
1. Sources of relevant rights
- The
right to education
- The
principle of non-discrimination
- The
principle of the child's best interests
- The
child's right to participate in decision-making
- The
rights of children with disabilities
- The
rights of minority children
- The
rights of Indigenous children
- Rights
of religious groups
- Rights
relevant to education subsidies
- Rights
relevant to information technology
The
right to education
of access
The core right of
the child to education is set out in article 28 of the Convention on
the Rights of the Child.
- States Parties
recognize the right of the child to education, and with a view to achieving
this right progressively and on the basis of equal opportunity, they
shall, in particular:
- Make primary
education compulsory and available free to all;
- Encourage the
development of different forms of secondary edu-cation, including
general and vocational education, make them available and accessible
to every child, and take appropriate measures such as the intro-duction
of free education and offering financial assistance in case of need;
- Make higher
education accessible to all on the basis of capacity by every appropriate
means;
- Make educational
and vocational information and guidance avail-able and accessible
to all children;
- Take measures
to encourage regular attendance at schools and the reduction of drop-out
rates.
- States Parties
shall take all appropriate measures to ensure that school discipline
is administered in a manner consistent with the child's hu-man dignity
and in conformity with the present Convention.
- States Parties
shall promote and encourage international co--operation in matters relating
to education, in particular with a view to con-tributing to the elimination
of ignorance and illiteracy throughout the world and facilitating access
to scientific and technical knowledge and modern teaching methods. In
this regard, particular account shall be taken of the needs of developing
countries.
Very similar language
is found in article 13 of the International Covenant on Economic, Social
and Cultural Rights. Article 14 of the Covenant on Economic, Social
and Cultural Rights goes on to provide that education shall be compulsory
at the primary level and provided free of charge.
Each State
Party to the present Covenant which, at the time of becoming a Party,
has not been able to secure in its metropolitan territory or other territories
under its jurisdiction compulsory primary education, free of charge, undertakes,
within two years, to work out and adopt a detailed plan of action for
the progressive implementation, within a reasonable number of years, to
be fixed in the plan, of the principle of compulsory education free of
charge for all.
aims of education
International law
also specifies the goals that education should be designed to achieve.
Article 29 of the Convention on the Rights of the Child discusses
what the aims of education should be.
- States Parties
agree that the education of the child shall be directed to:
- The development
of the child's personality, talents and mental and physical abilities
to their fullest potential;
- The development
of respect for human rights and fundamental freedoms, and for the
principles enshrined in the Charter of the United Nations;
- The development
of respect for the child's parents, his or her own cultural identity,
language and values, for the national values of the country in which
the child is living, the country from which he or she may originate,
and for civilizations different from his or her own;
- The preparation
of the child for responsible life in a free society, in the spirit
of understanding, peace, tolerance, equality of sexes, and friend-ship
among all peoples, ethnic, national and religious groups and persons
of indigenous origin;
- The development
of respect for the natural environment.
Australia has also
adopted the Convention against Discrimination in Education. Article
5 also sets out the broad goals of education.
The States Parties
to this Convention agree that:
- Education shall
be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms;
it shall promote understanding tolerance and friendship among all nations,
racial or religious groups, and shall further the activities of the
United Nations for the maintenance of peace;
- It is essential
to respect the liberty of parents and, where applicable, of legal guardians,
firstly to choose for their children institutions other than those maintained
by the public authorities but conforming to such minimum educational
standards as may be laid down or approved by the competent authorities
and, 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 conviction;
- It is essential
to recognize the right of members of national minorities to carry on
their own educational activities, including the maintenance of schools
and, depending on the educational policy of each State, the use or the
teaching of their own language, provided however:
- That this right
is not 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;
- That the standard
of education is not lower than the general standard laid down or approved
by the competent authorities; and
- That attendance
at such schools is optional.
Article 31 of the
Convention concerning Indigenous and Tribal Peoples in Independent
Countries (ILO 169) requires that education about Indigenous peoples
must contain accurate information and aim to eliminate prejudice. While
Australia is not a party to this Convention, and thus the Convention
is not binding on Australia, it is persuasive as a model for what international
law generally requires.
Educational
measures shall be taken among all sections of the national community,
and particularly among those that are in most direct contact with the
peoples concerned, with the object of eliminating prejudices that they
may harbour in respect of these peoples. To this end, efforts shall be
made to ensure that history textbooks and other educational materials
provide a fair, accurate and informative portrayal of the societies and
cultures of these peoples.
schools
The drafters of the
Convention on the Rights of the Child preserved the right of individuals
to establish educational institutions. Paragraph 2 of article 29 states
- No part of the
present article or article 28 shall be construed so as to interfere
with the liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principle set
forth in paragraph 1 of the present article and to the requirements
that the education given in such institutions shall conform to such
minimum stan-dards as may be laid down by the State.
education
Vocational education
and training are also specifically covered by article 6(2) of the Covenant
on Economic, Social and Cultural Rights.
The steps
to be taken by a State Party to the present Covenant to achieve the full
realization of [the right to work] shall include technical and vocational
guidance and training programmes, policies and techniques to achieve steady
economic, social and cultural development and full and productive employment
under conditions safeguarding fundamental political and economic freedoms
to the individual.
The
principle of non-discrimination
- Human
rights without discrimination
- Education
without discrimination
- Race
discrimination
- Sex
discrimination
- Religious
discrimination
rights without discrimination
It is a fundamental
principle of international law that human rights are to be enjoyed by
everyone without discrimination of any kind. Article 2(1) of the International
Covenant on Civil and Political Rights states
Each State
Party to the present Covenant undertakes to respect and to ensure to all
individuals within its territory and subject to its jurisdiction of any
kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth of other status.
without discrimination
Education must be
available to all without discrimination of any kind. This principle is
firmly established in article 2(1) of the Convention on the Rights
of the Child.
- States Parties
shall respect and ensure the rights set forth in the present Convention
to each child within their jurisdiction without discrimination of any
kind, irrespective of the child's or his or her parent's or legal guardian's
race, colour, sex, language, religion, political or other opinion, national,
ethnic or social origin, property, disability, birth or other status.
Article 1(1) of the
Convention against Discrimination in Education defines discrimination.
For the purpose of
this Convention, the term 'discrimination' includes any distinction, exclusion,
limitation or preference which, being based on race, colour, sex, language,
religion, political or other opinion, national or social origin, economic
condition or birth, has the purpose or effect of nullifying or impairing
equality of treatment in education and in particular:
- Of depriving any
person or group of persons of access to education of any type or at
any level;
- Of limiting any
person or group of persons to education of an inferior standard;
- Subject to the
provisions of article 2 of this Convention, of establishing or maintaining
separate educational systems or institutions for persons or groups of
persons; or
- Of inflicting
on any person or group of persons conditions which are incompatible
with the dignity of man.
Article 1(2) defines
'education'.
For the
purposes of this Convention, the term 'education' refers to all types
and levels of education, and includes access to education, the standard
and quality of education, and the conditions under which it is given.
However, the drafters
of the Convention were careful to preserve the right to establish
certain special schools as non-discriminatory. Article 2 of the Convention
states
When permitted in
a State, the following situations shall not be deemed to constitute discrimination,
within the meaning of article 1 of this Convention:
- The establishment
or maintenance of separate educational systems or institutions for pupils
of the two sexes, if these systems or institutions offer equivalent
access to education, provide a teaching staff with qualifications of
the same standard as well as school premises and equipment of the same
quality, and afford the opportunity to take the same or equivalent courses
of study;
- The establishment
of maintenance, for religious or linguistic reasons, of separate educational
systems or institutions offering an education which is in keeping with
the wishes of the pupil's parents or legal guardians, if participation
in such systems or attendance at such institutions is optional and if
the education provided conforms to such standards as may be laid down
or approved by the competent authorities, in particular for education
of the same level;
- The establishment
or maintenance of private educational institutions, if the object of
the institutions is not to secure the exclusion of any group but to
provide educational facilities in addition to those provided by the
public authorities, if the institutions are conducted in accordance
with that object and if the education provided conforms with such standards
as may be laid down or approved by the competent authorities, in particular
for education of the same level.
Article 4 sets out
what countries, including Australia, should do to eliminate discrimination
in education.
The States Parties
to this Convention undertake furthermore to formulate, develop and apply
a national policy which, by methods appropriate to the circumstances and
to national usage, will tend to promote equality of opportunity and of
treatment in the matter of education and in particular:
- To make primary
education free and compulsory; make secondary education in its different
forms generally available and accessible to all; make higher education
equally accessible to all on the basis of individual capacity; assure
compliance by all with the obligation to attend school prescribed by
law;
- To ensure that
the standards of education are equivalent in all public education institutions
of the same level, and that the conditions relating to the quality of
education provided are also equivalent;
- To encourage and
intensify by appropriate methods the education of persons who have not
received any primary education or who have not completed the entire
primary education course and the continuation of their education on
the basis of individual capacity;
- To provide training
for the teaching profession without discrimination.
The Convention
goes further than simply prohibiting discriminatory practices. Article
3 requires States Parties to introduce measures to eliminate and prevent
discrimination.
In order to eliminate
and prevent discrimination within the meaning of this Convention, the
States Parties thereto undertake:
- To abrogate any
statutory provisions and any administrative instructions and to discontinue
any administrative practices which involve discrimination in education;
- To ensure, by
legislation where necessary, that there is no discrimination in the
admission of pupils to educational institutions;
- Not to allow any
differences of treatment by the public authorities between nationals,
except on the basis of merit or need, in the matter of school fees and
the grant of scholarships or other forms of assistance to pupils and
necessary permits and facilities for the pursuit of studies in foreign
countries;
- Not to allow,
in any form of assistance granted by the public authorities to educational
institutions, any restrictions or preference based solely on the ground
that pupils belong to a particular group;
- To give foreign
nationals resident within their territory the same access to education
as that given to their own nationals.
discrimination
The International
Convention on the Elimination of All Forms of Racial Discrimination
provides that education shall be available to all without discrimination
on the basis of race.
Article 1(1)
In this
Convention, the term "racial discrimination" shall mean any distinction,
exclusion, restriction or preference based on race, colour, descent, or
national or ethnic origin which has the purpose or effect of nullifying
or impairing the recognition, enjoyment or exercise, on an equal footing,
of human rights and fundamental freedoms in the political, economic, social,
cultural or any other field of public life.
Article 5(1)(e)(v)
- . States Parties
undertake to prohibit and to eliminate racial discrimination in all
its forms and to guarantee the right of everyone, without distinction
as to race, colour, or national or ethnic origin, to equality before
the law, notably in the enjoyment of the following rights
(e) Economic,
social and cultural rights, in particular:
(v) The right to education and training;
Article 7 requires
countries, including Australia, to take steps to eliminate racial prejudice.
States Parties
undertake to adopt immediate and effective measures, particularly in the
fields of teaching, education, culture and information, with a view of
combating prejudices which lead to racial discrimination and to promoting
understanding, tolerance and friendship among nations and racial or ethnical
groups, as well as to propagating the purposes and principles of the Charter
of the United Nations, the Universal Declaration of Human Rights, the
United Nations Declaration on the Elimination of All Forms of Racial Discrimination,
and this Convention.
Article 1(4) authorises
special measures to assist disadvantaged groups.
Special
measures taken for the sole purpose of securing adequate advancement of
certain racial or ethnic groups or individuals requiring such protection
as may be necessary in order to ensure such groups or individuals equal
enjoyment or exercise of human rights and fundamental freedoms shall not
be deemed racial discrimination, provided, however, that such measures
do not, as a consequence, lead to the maintenance of separate rights for
different racial groups and that they shall not be continued after the
objectives for which they were taken have been achieved.
discrimination
The Convention
on the Elimination of All Forms of Discrimination Against Women defines
sex discrimination.
.the term
'discrimination against women' shall mean any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field.
Article 10 provides
that education must be free from discrimination against girls and young
women.
States Parties shall
take all appropriate measures to eliminate discrimination against women
in order to ensure to them equal rights with men in the field of education
and in particular to ensure, on a basis of equality of men and women:
- The same conditions
for career and vocational guidance, for access to studies and for the
achievement of diplomas in educational establishments of all categories
in rural as well as in urban areas; this equality shall be ensured in
pre-school, general, technical, professional and higher technical education,
as well as in all types of vocational training;
- Access to the
same curricula, the same examinations, teaching staff with qualifications
of the same standard and school premises and equipment of the same quality;
- The elimination
of any stereotyped concept of the roles of men and women at all levels
and in all forms of education by encouraging coeducation and other types
of education which will help to achieve this aim and, in particular,
by the revision of textbooks and school programmes and the adaptation
of teaching methods;
- The same opportunities
to benefit from scholarships and other study grants;
- The same opportunities
for access to programmes of continuing education, including adult and
functional literacy programmes, particularly those aimed at reducing,
at the earliest possible time, any gap in education existing between
men and women;
- The reduction
of female student drop-out rates and the organization of programmes
for girls and women who have left school prematurely;
- The same opportunities
to participate actively in sports and physical education;
- Access to specific
educational information to help to ensure the health and well-being
of families, including information and advice on family planning.
This obligation is
reinforced by a special provision in the Convention concerning
rural areas. Article 14(2)(d) states
States Parties
shall take all appropriate measures to eliminate discrimination against
women in rural areas in order to ensure, on a basis of equality of men
and women, that they participate in and benefit from rural development
and, in particular, shall ensure to such women the right:
(d) To
obtain all types of training and education, formal and non-formal, including
that relating to functional literacy, as well as, inter alia, the benefit
of all community and extension services, in order to increase their
technical proficiency;
Like the Race Convention,
the Women's Convention authorises special measures to achieve equality.
Article 4(1) states
Adoption
by States Parties of temporary special measures aimed at accelerating
de facto equality between men and women shall not be considered discrimination
as defined in the present Convention, but shall in no way entail as a
consequence the maintenance of unequal or separate standards; these measures
shall be discontinued when the objectives of equality of opportunity and
treatment have been achieved.
discrimination
The Declaration
on the Elimination of All Forms of Intolerance and of Discrimination Based
on Religion or Belief requires countries, including Australia, to
protect children from discrimination on religious grounds. Article 5(3)
states
The child
shall be protected from any form of discrimination on the ground of religion
or belief. He shall be brought up in a spirit of understanding, tolerance,
friendship among peoples, peace and universal brotherhood, respect for
freedom of religion or belief of others, and in full consciousness that
his energy and talents should be devoted to the service of his fellow
men.
The
principle of the child's best interests
In decisions about
and actions relating to education, the best interests of the child shall
be a primary consideration, according to the Convention on the Rights
of the Child, article 3(1):
- In all actions
concerning children, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be a primary consid-eration.
The
child's right to participate in decision-making
The Convention
on the Rights of the Child, at article 12(1), explicitly states that
the child has a right, according to his or her capacity, to participate
in decisions that affect him or her.
- States Parties
shall assure to the child who is capable of forming his or her own views
the right to express those views freely in all matters affecting the
child, the views of the child being given due weight in ac-cordance
with the age and maturity of the child.
Article 5 of the
same Convention states that a child's parents have a duty to assist
him or her in the realisation of this right.
States Parties
shall respect the responsibilities, rights and duties of par-ents or,
where applicable, the members of the extended family or community as provided
for by local custom, legal guardians or other persons legally re-sponsible
for the child, to provide, in a manner consistent with the evolving capacities
of the child, appropriate direction and guidance in the exercise by the
child of the rights recognized in the present Convention.
The
rights of children with disabilities
Children with disabilities
have the right to all the support necessary to become as self-reliant
as possible according to article 23(1) of the Convention on the Rights
of the Child.
- States Parties
recognize that a mentally or physically disabled child should enjoy
a full and decent life, in conditions which ensure dignity, promote
self-reliance and facilitate the child's active participation in the
community.
This right is also
emphasised in the Declaration on the Rights of Disabled Persons
in articles 5 and 6. Although usually not binding of themselves in international
law, declarations such as this one set the standard which the United Nations
believes countries, including Australia, should meet.
- Disabled persons
are entitled to the measures designed to enable them to become as self-reliant
as possible.
- Disabled persons
have the right to . education, vocational training and rehabilitation
. and other services which will enable them to develop their capabilities
and skills to the maximum and will hasten the process of their social
integration or reintegration.
Article 23(3) of
the Convention on the Rights of the Child provides that children
with disabilities must be ensured access to education.
- Recognizing the
special needs of a disabled child, assistance ex-tended in accordance
with paragraph 2 of the present article shall be pro-vided free of charge,
whenever possible, taking into account the financial re-sources of the
parents or others caring for the child, and shall be designed to ensure
that the disabled child has effective access to and receives education,
training, health care services, rehabilitation services, preparation
for employ-ment and recreation opportunities in a manner conducive to
the child's achieving the fullest possible social integration and individual
development, including his or her cultural and spiritual development.
Article 1 of the
Declaration on the Rights of Disabled Persons defines disability.
The term
'disabled person' means any person unable to ensure by himself or herself,
wholly or partly, the necessities of a normal individual and/or social
life, as a result of deficiency, either congenital or not, in his or her
physical or mental capabilities.
The Declaration
on the Rights of Mentally Retarded Persons safeguards the rights of
those with intellectual disabilities, although it uses very dated language.
The provisions most pertinent to education are articles 1 and 2.
- The mentally retarded
person has, to the maximum degree of feasibility, the same rights as
other human beings.
- The mentally retarded
person has a right to proper medical care and physical therapy and to
such education, training, rehabilitation and guidance as will enable
him to develop his ability and maximum potential.
The
rights of minority children
Members of minority
groups, including Indigenous groups, have certain rights which are specially
protected under international law. The following provisions are applicable
to both Indigenous groups and non-Indigenous minorities in Australia.
The next section discusses provisions which are particular to Indigenous
populations, to the exclusion of non-Indigenous minorities.
Individual members
of minorities have the right to practise their religion, culture and/or
language in community with other members. Article 27 of the International
Covenant on Civil and Political Rights states
In those
States in which ethnic, religious or linguistic minorities exist, persons
belonging to such minorities shall not be denied the right, in community
with the other members of their group, to enjoy their own culture, to
profess and practise their own religion, or to use their own language.
This right is also
declared in article 30 of the Convention on the Rights of the Child.
In those
States in which ethnic, religious or linguistic minorities or persons
of indigenous origin exist, a child belonging to such a minority or who
is indigenous shall not be denied the right, in community with other members
of his or her group, to enjoy his or her own culture, to profess and practise
his or her own religion, or to use his or her own language.
Article 29(1) of
the Convention on the Rights of the Child also stipulates that
the curriculum should include certain aspects designed to promote minority
children's preservation of their own culture.
States Parties
agree that the education of the child shall be directed to: .
(c) The
development of respect for the child's parents, his or her own cultural
identity, language and values, for the national values of the country
in which the child is living, the country from which he or she may originate
and for civilizations different from his or her own;.
The right to establish
separate schools for the maintenance of minority religions, cultures and
languages is protected by article 5(1) of the Convention Against Discrimination
in Education.
The States Parties
to this Convention agree that: .
- .
- It is essential
to respect the liberty of parents and, where applicable, of legal guardians,
firstly to choose for their children institutions other than those maintained
by the public authorities but conforming to such minimum educational
standards as may be laid down or approved by the competent authorities
and, 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 conviction;
- It is essential
to recognize the right of members of national minorities to carry on
their own educational activities, including the maintenance of schools
and, depending on the educational policy of each State, the use or the
teaching of their own language, provided however:
- That this right
is not 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;
- That the standard
of education is not lower than the general standard laid down or approved
by the competent authorities; and
- That attendance
at such schools is optional.
The
rights of Indigenous children
In addition to freedom
from discrimination and the minority rights set out above, international
law is developing specific rights for Indigenous children and their communities.
Note that, although Australia has yet to accede to these provisions,
they are important elements in evolving international law.
Languages of Indigenous
groups are protected by article 28(3) of the Convention concerning
Indigenous and Tribal Peoples in Independent Countries (ILO 169).
- Measures shall
be taken to preserve and promote the development and practice of the
indigenous language of the peoples concerned.
Article 7(2) places
an obligation on the government to improve education standards.
- The improvement
of the conditions of life and work and levels of health and education
of the peoples concerned, with their participation and co-operation,
shall be a matter of priority in plans for the overall economic development
of areas they inhabit. Special projects for development of the areas
in question shall also be so designed as to promote such improvement.
Article 26 sets out
the right to equality in education.
Measures
shall be taken to ensure that members of the peoples concerned have the
opportunity to acquire education at all levels on at least an equal footing
with the rest of the national community.
Article 29 states
The imparting
of general knowledge and skills that will help children belonging to the
peoples concerned to participate fully and on an equal footing in their
own community and in the national community shall be an aim of education
for these peoples.
International law
also guarantees Indigenous communities the right to determine their own
educational priorities and to establish their own educational institutions,
as well as the right to be taught their own history and culture. Article
27 of ILO 169 states
- Education programmes
and services for the peoples concerned shall be developed and implemented
in co-operation with them to address their special needs, and shall
incorporate their histories, their knowledge and technologies, their
value systems and their further social, economic and cultural aspirations.
- The competent
authority shall ensure the training of members of these peoples and
their involvement in the formulation and implementation of education
programmes, with a view to the progressive transfer of responsibility
for the conduct of these programmes to these peoples as appropriate.
- In addition, governments
shall recognise the right of these peoples to establish their own educational
institutions and facilities, provided that such institutions meet minimum
standards established by the competent authority in consultation with
these peoples. Appropriate resources shall be provided for this purpose.
Indigenous children
have the right to learn their own language. Article 28(1) of ILO 169 states
- Children belonging
to the peoples concerned shall, wherever practicable, be taught to read
and write in their own indigenous language or in the language most commonly
used by the group to which they belong. When this is not practicable,
the competent authorities shall undertake consultations with these peoples
with a view to the adoption of measures to achieve this objective.
Indigenous children
also have the right to learn the national language. Article 28(20 states
- Adequate measures
shall be taken to ensure that these peoples have the opportunity to
attain fluency in the national language or in one of the official languages
of the country.
The Draft Declaration
on the Rights of Indigenous Peoples, which has not yet been adopted
by the General Assembly, sets out several rights pertinent to education.
- Indigenous children
have the right to all levels and forms of education of the State. All
indigenous peoples also have this right and the right to establish and
control their educational systems and institutions providing education
in their own languages, in a manner appropriate to their cultural methods
of teaching and learning.
Indigenous
children living outside their communities have the right to be provided
access to education in their own culture and language.
States shall take
effective measures to provide appropriate resources for these purposes.
- Indigenous peoples,
as a specific form of exercising their right to self-determination,
have the right to autonomy or self-government in matters relating to
their internal and local affairs, including culture, religion, education,
information, media, health, housing, employment, social welfare, economic
activities, land and resources management, environment and entry by
non-members, as well as ways and means for financing these autonomous
functions.
Article 31 of ILO
169 provides that nationwide efforts should be undertaken to ensure that
school curricula portray Indigenous groups accurately.
Educational
measures shall be taken among all sections of the national community,
and particularly among those that are in most direct contact with the
peoples concerned, with the object of eliminating prejudices that they
may harbour in respect of these peoples. To this end, efforts shall be
made to ensure that history textbooks and other educational materials
provide a fair, accurate and informative portrayal of the societies and
cultures of these peoples.
Rights
of religious groups
Article 14(1) of
the Convention on the Rights of the Child, like article 18 of the
International Covenant on Civil and Political Rights, protects
children's freedom of religion.
States Parties
shall respect the right of the child to freedom of thought, conscience
and religion.
Only limited restrictions
on the manifestation of religious beliefs are permitted. Article 14(3)
of the Convention on the Rights of the Child sets out what limits
are permitted.
Freedom
to manifest one's religion or beliefs may be subject only to such limitations
as are prescribed by law and are necessary to protect public safety, order,
health or morals, or the fundamental rights and freedoms of others.
Article 18(4) of
the International Covenant on Civil and Political Rights gives
parents the right to have their children educated in a manner that is
consistent with their religious beliefs.
- The States Parties
to the present Covenant undertake to have respect for the liberty of
parents and, when applicable, legal guardians to ensure the religious
and moral education of their children in conformity with their own convictions.
This right is also
set out in the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief at article 5, paragraphs
(2) and (5):
- Every child shall
enjoy the right to have access to education in the matter of religion
or belief in accordance with the wishes of his parents or, as the case
may be, legal guardians, and shall not be compelled to receive teaching
on religion or belief against the wishes of his parents of legal guardians,
the best interests of the child being the guiding principle.
- Practices of a
religion or beliefs in which a child is brought up must not be injurious
to his physical or mental health or to his full development .
Article 13(3) of
the International Covenant on Economic, Social and Cultural Rights
protects the right of parents to choose schools for their children to
ensure that those children are educated in accordance with the convictions
of the parents.
The States
Parties to the present Covenant undertake to have respect for the liberty
of parents and, when applicable, legal guardians to choose for their children
schools, other than those established by the public authorities, which
conform to such minimum educational standards as may be laid down or approved
by the State and to ensure the religious and moral education of their
children in conformity with their own convictions.
This includes the
right to establish religious schools, as expressed in article 2 of the
Convention Against Discrimination in Education.
When permitted
in a State, the following situations shall not be deemed to constitute
discrimination, within the meaning of article 1 of this Convention: .
(b) The
establishment or maintenance, for religious or linguistic reasons, of
separate educational systems or institutions offering an education which
is in keeping with the wishes of the pupil's parents or legal guardians,
if participation in such systems or attendance at such institutions
is optional and if the education provided conforms to such standards
as may be laid down or approved by the competent authorities, in particular
for education of the same level;
Article 5(1) states
The States
Parties to this Convention agree that: .
(b) It
is essential to respect the liberty of parents and, where applicable,
of legal guardians, firstly to choose for their children institutions
other than those maintained by the public authorities but conforming
to such minimum educational standards as may be laid down or approved
by the competent authorities and, 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 conviction;.
Rights
relevant to education subsidies
Article 28(1) of
the Convention on the Rights of the Child requires countries to
offer financial assistance in the case of need to ensure children have
access to secondary and vocational education.
Rights
relevant to information technologies
Everyone has the
right to benefit from scientific advances and to participate fully in
cultural life. Article 15 of the International Covenant on Economic,
Social and Cultural Rights states
- The States Parties
to the present Covenant recognize the right of everyone:
- To take part
in cultural life;
- To enjoy the
benefits of scientific progress and its applications;
Similarly article
31 of the Convention on the Rights of the Child states
- States Parties
recognize the right of the child to rest and leisure, to engage in play
and recreational activities appropriate to the age of the child and
to participate freely in cultural life and the arts.
- States Parties
shall respect and promote the right of the child to participate fully
in cultural and artistic life and shall encourage the provision of appropriate
and equal opportunities for cultural, artistic, recreational and leisure
activity.
Article 17 of the
Convention on the Rights of the Child provides that children have
the right to information through the mass media and article 13 protects
the child's freedom of expressions through 'any . media of the child's
choice'. Article 19 of the International Covenant on Civil and Political
Rights uses very similar language.
International law
is also coming to recognise a right of Indigenous peoples to establish
their own media outlets and to be accurately represented in other media.
Article 17 of the Draft Declaration on the Rights of Indigenous Peoples
states
Indigenous
peoples have the right to establish their own media in their own languages.
They also have the right to equal access to all forms of non-indigenous
media. States shall take effective measures to ensure that State-owned
media duly reflect indigenous cultural diversity.
Last
updated 2 December 2001.