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11 - UNESCO's Convention Against Discrimination in Education

from PART B - Non-minorities-specific instruments, provisions and institutions

Published online by Cambridge University Press:  21 July 2009

Kristin Henrard
Affiliation:
Erasmus Universiteit Rotterdam
Robert Dunbar
Affiliation:
University of Aberdeen
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Summary

Introduction

The United Nations Educational, Scientific and Cultural Organisation (‘UNESCO’) is well known for its activities that promote the right to education, the freedom of expression and the cultural rights of individuals and groups. Member states of UNESCO have also adopted Conventions and recommendations that aim at the promotion and protection of the human rights that fall within the organisation's mandate. One of these Conventions deals with the right to education. The Convention Against Discrimination in Education (‘CADE’) was adopted in 1960. It is rather obscure, owing to its relatively small number of states parties, its weak supervisory system and the difficulty of getting access to Convention documents. According to its preamble, the main purpose of the Convention is to proscribe any form of discrimination in education and to promote equality of opportunity and treatment for all in education. In addition to provisions that lay down in detail general obligations of states parties to realise the purposes of the treaty, the Convention recognises the right of members of national minorities to carry on their own educational activities. After discussing the features of the Convention and its monitoring procedure, this chapter will analyse the meaning of the minority rights provision and ask whether that provision has been given substance by the Committee on Conventions and Recommendations. This is the body that monitors implementation of the Convention's provisions by UNESCO member states.

Type
Chapter
Information
Synergies in Minority Protection
European and International Law Perspectives
, pp. 297 - 313
Publisher: Cambridge University Press
Print publication year: 2009

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References

See also Marks, Stephen P., ‘Education, Science, Culture and Information’, in Schachter, Oscar and Joyner, Christopher C. (eds.), United Nations Legal Order (Cambridge: Cambridge University Press, 1995), vol. II, pp. 577–630Google Scholar
see McKean, W., Equality and Discrimination under International Law (Oxford: Oxford University Press, 1983), pp. 128–35Google Scholar
Saba, Hanna, ‘La Convention et la Recommendation concernant la lutte contre la discrimination dans le domaine de l'enseignement’ (1960) 6 Annuaire français de droit international646–52CrossRefGoogle Scholar
Juvigny, P., The Fight Against Discrimination in Education – Towards Equality in Education (Paris: UNESCO, 1963), pp. 9–14Google Scholar
Daudet, Y. and Eisemann, P. M., Commentary on the Convention Against Discrimination in Education (Paris: UNESCO, 2005), pp. 1–3.Google Scholar
Tabory, M., ‘Language rights as human rights’ (1980) 10 Israel Yearbook on Human Rights184.Google Scholar
McKean, , Equality and Discrimination Under International Law, p. 135.
see Weissbrodt, David and Farley, Rose, ‘The UNESCO Human Rights Procedure: an evaluation’ (1994) 16 Human Rights Quarterly391–415CrossRefGoogle Scholar
Marks, Stephen P., ‘The complaint procedure of the United Nations Educational, Scientific and Cultural Organization’, in Hannum, Hurst (ed.), Guide to International Human Rights Practice, 4th edn (Ardsley, NY: Transnational Publishers, 2004), pp. 107–23.Google Scholar
Daudet, and Eisemann, , Commentary on the Convention, pp. 34–42.
Boerefijn, I., The Reporting Procedure under the Covenant on Civil and Political Rights – Practice and Procedures of the Human Rights Committee (Antwerp: Intersentia, 1999), p. 52.Google Scholar
Tomuschat, C., Human Rights Between Idealism and Realism (Oxford: Oxford University Press, 2003), pp. 142–3.Google Scholar

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