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Rural and Remote Education Inquiry Briefing Paper

Rural and Remote

Education Inquiry Briefing Paper

1. Sources of relevant rights

The

right to education

Rights

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.

  1. 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:

  1. Make primary

    education compulsory and available free to all;

  2. 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;

  3. Make higher

    education accessible to all on the basis of capacity by every appropriate

    means;

  4. Make educational

    and vocational information and guidance avail-able and accessible

    to all children;

  5. Take measures

    to encourage regular attendance at schools and the reduction of drop-out

    rates.

  1. 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.

  2. 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.

The

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.

  1. States Parties

    agree that the education of the child shall be directed to:

  1. The development

    of the child's personality, talents and mental and physical abilities

    to their fullest potential;

  2. The development

    of respect for human rights and fundamental freedoms, and for the

    principles enshrined in the Charter of the United Nations;

  3. 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;

  4. 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;

  5. 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:

  1. 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;

  2. 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;

  3. 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:

  1. 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;

  2. That the standard

    of education is not lower than the general standard laid down or approved

    by the competent authorities; and

  3. 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.

Independent

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

  1. 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.

Vocational

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

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.

Education

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.

  1. 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:

  1. Of depriving any

    person or group of persons of access to education of any type or at

    any level;

  2. Of limiting any

    person or group of persons to education of an inferior standard;

  3. 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

  4. 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:

  1. 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;

  2. 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;

  3. 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:

  1. 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;

  2. 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;

  3. 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;

  4. 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:

  1. To abrogate any

    statutory provisions and any administrative instructions and to discontinue

    any administrative practices which involve discrimination in education;

  2. To ensure, by

    legislation where necessary, that there is no discrimination in the

    admission of pupils to educational institutions;

  3. 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;

  4. 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;

  5. To give foreign

    nationals resident within their territory the same access to education

    as that given to their own nationals.

Race

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)

  1. . 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.

Sex

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:

  1. 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;

  2. 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;

  3. 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;

  4. The same opportunities

    to benefit from scholarships and other study grants;

  5. 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;

  6. The reduction

    of female student drop-out rates and the organization of programmes

    for girls and women who have left school prematurely;

  7. The same opportunities

    to participate actively in sports and physical education;

  8. 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.

Religious

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):

  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.

  1. 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.

  1. 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.

  1. Disabled persons

    are entitled to the measures designed to enable them to become as self-reliant

    as possible.

  2. 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.

  1. 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.

  1. The mentally retarded

    person has, to the maximum degree of feasibility, the same rights as

    other human beings.

  2. 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: .

  1. .

  2. 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;

  3. 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:

  1. 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;

  2. That the standard

    of education is not lower than the general standard laid down or approved

    by the competent authorities; and

  3. 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).

  1. 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.

  1. 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

  1. 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.

  2. 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.

  3. 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

  1. 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

  1. 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.

  1. 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.

  1. 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.

  1. 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):

  1. 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.

  1. 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

  1. The States Parties

    to the present Covenant recognize the right of everyone:

  1. To take part

    in cultural life;

  2. To enjoy the

    benefits of scientific progress and its applications;

Similarly article

31 of the Convention on the Rights of the Child states

  1. 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.

  2. 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.