|
  Main Index
  Bill of HR
  Teheran
  Self-determination
  Discrimination
  Women
  Child
  Slavery
  Justice
  Information
  Association
  Employment
  Marriage
  Family
  Youth
  Social Welfare
  Culture
  Nationality
  War
  Humanitarian law
|
Convention against Discrimination in
Education
Adopted by the General Conference of the
United Nations Educational, Scientific and Cultural Organization
on 14 December 1960
The General Conference of the United Nations Educational, Scientific
and Cultural Organization, meeting in Paris from 14 November to 15
December 1960, at its eleventh session,
Recalling that the Universal Declaration of Human Rights asserts
the principle of non-discrimination and proclaims that every person has
the right to education,
Considering that discrimination in education is a violation of rights
enunciated in that Declaration,
Considering that, under the terms of its Constitution, the United
Nations Educational, Scientific and Cultural Organization has the purpose
of instituting collaboration among the nations with a view to furthering
for all universal respect for human rights and equality of educational
opportunity,
Recognizing that, consequently, the United Nations Educational,
Scientific and Cultural Organization, while respecting the diversity of
national educational systems, has the duty not only to proscribe any form
of discrimination in education but also to promote equality of opportunity
and treatment for all in education,
Having before it proposals concerning the different aspects of discrimination
in education, constituting item 17.1.4 of the agenda of the session,
Having decided at its tenth session that this question should be
made the subject of an international convention as well as of recommendations
to Member States,
Adopts this Convention on the fourteenth day of December 1960.
Article 1
1. 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:
(a) Of depriving any person or group of persons of access to education
of any type or at any level;
(b) Of limiting any person or group of persons to education of an inferior
standard;
(c) 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
(d) Of inflicting on any person or group of persons conditions which are
incompatible with the dignity of man.
2. 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.
Article 2
When permitted in a State, the following situations shall not be deemed
to constitute discrimination, within the meaning of article 1 of this Convention:
(a) 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;
(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;
(c) 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 3
In order to eliminate and prevent discrimination within the meaning
of this Convention, the States Parties thereto undertake:
(a) To abrogate any statutory provisions and any administrative instructions
and to discontinue any administrative practices which involve discrimination
in education;
(b) To ensure, by legislation where necessary, that there is no discrimination
in the admission of pupils to educational institutions;
(c) 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;
(d) 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;
(e) To give foreign nationals resident within their territory the same
access to education as that given to their own nationals.
Article 4
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:
(a) 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;
(b) 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;
(c) 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;
(d) To provide training for the teaching profession without discrimination.
Article 5
1. The States Parties to this Convention agree that:
(a) Education shall be directed to the full development of the human
personality an d 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;
(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;
(c) 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:
(i) 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;
(ii) That the standard of education is not lower than the general standard
laid down or approved by the competent authorities; and
(iii) That attendance at such schools is optional.
2. The States Parties to this Convention undertake to take all necessary
measures to ensure the application of the principles enunciated in paragraph
1 of this article.
Article 6
In the application of this Convention, the States Parties to it undertake
to pay the greatest attention to any recommendations hereafter adopted
by the General Conference of the United Nations Educational, Scientific
and Cultural Organization defining the measures to be taken against the
different forms of discrimination in education and for the purpose of ensuring
equality of opportunity and treatment in education.
Article 7
The States Parties to this Convention shall in their periodic reports
submitted to the General Conference of the United Nations Educational,
Scientific and Cultural Organization on dates and in a manner to be determined
by it, give information on the legislative and administrative provisions
which they have adopted and other action which they have taken for the
application of this Convention, including that taken for the formulation
and the development of the national policy defined in article 4 as well
as the results achieved and the obstacles encountered in the application
of that policy.
Article 8
Any dispute which may arise between any two or more States Parties to
this Convention concerning the interpretation or application of this Convention
which is not settled by negotiations shall at the request of the parties
to the dispute be referred, failing other means of settling the dispute,
to the International Court of Justice for decision.
Article 9
Reservations to this Convention shall not be permitted.
Article 10
This Convention shall not have the effect of diminishing the rights
which individuals or groups may enjoy by virtue of agreements concluded
between two or more States, where such rights are not contrary to the letter
or spirit of this Convention.
Article 11
This Convention is drawn up in English, French, Russian and Spanish,
the four texts being equally authoritative.
Article 12
1. This Convention shall be subject to ratification or acceptance by
States Members of the United Nations Educational, Scientific and Cultural
Organization in accordance with their respective constitutional procedures.
2. The instruments of ratification or acceptance shall be deposited with
the Director-General of the United Nations Educational, Scientific and
Cultural Organization.
Article 13
1. This Convention shall be open to accession by all States not Members
of the United Nations Educational, Scientific and Cultural Organization
which are invited to do so by the Executive Board of the Organization.
2. Accession shall be effected by the deposit of an instrument of accession
with the Director-General of the United Nations Educational, Scientific
and Cultural Organization.
Article 14
This Convention shall enter into force three months after the date of
the deposit of the third instrument of ratification, acceptance or accession,
but only with respect to those States which have deposited their respective
instruments on or before that date. It shall enter into force with respect
to any other State three months after the deposit of its instrument of
ratification, acceptance or accession.
Article 15
The States Parties to this Convention recognize that the Convention
is applicable not only to their metropolitan territory but also to all
non-self-governing, trust, colonial and other territories for the international
relations of which they are responsible; they undertake to consult, if
necessary, the governments or other competent authorities of these territories
on or before ratification, acceptance or accession with a view to securing
the application of the Convention to those territories, and to notify the
Director-General of the United Nations Educational, Scientific and Cultural
Organization of the territories to which it is accordingly applied, the
notification to take effect three months after the date of its receipt.
Article 16
1. Each State Party to this Convention may denounce the Convention on
its own behalf or on behalf of any territory for whose international relations
it is responsible.
2. The denunciation shall be notified by an instrument in writing, deposited
with the Director-General of the United Nations Educational, Scientific
and Cultural Organization.
3. The denunciation shall take effect twelve months after the receipt of
the instrument of denunciation.
Article 17
The Director-General of the United Nations Educational, Scientific and
Cultural Organization shall inform the States Members of the Organization,
the States not members of the Organization which are referred to in article
13, as well as the United Nations, of the deposit of all the instruments
of ratification, acceptance and accession provided for in articles 12 and
13, and of notifications and denunciations provided for in articles 15
and 16 respectively.
Article 18
1. This Convention may be revised by the General Conference of the United
Nations Educational, Scientific and Cultural Organization. Any such revision
shall, however, bind only the States which shall become Parties to the
revising convention.
2. If the General Conference should adopt a new convention revising this
Convention in whole or in part, then, unless the new convention otherwise
provides, this Convention shall cease to be open to ratification, acceptance
or accession as from the date on which the new revising convention enters
into force.
Article 19
In conformity with Article 102 of the Charter of the United Nations,
this Convention shall be registered with the Secretariat of the United
Nations at the request of the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
DONE in Paris, this fifteenth day of December 1960, in two authentic
copies bearing the signatures of the President of the eleventh session
of the General Conference and of the Director-General of the United Nations
Educational, Scientific and Cultural Organization, which shall be deposited
in the archives of the United Nations Educational, Scientific and Cultural
Organization, and certified true copies of which shall be delivered to
all the States referred to in articles 12 and 13 as well as to the United
Nations.
The foregoing is the authentic text of the Convention duly adopted by the
General Conference of the United Nations Educational, Scientific and Cultural
Organization during its eleventh session, which was held in Paris and declared
closed the fifteenth day of December 1960.
IN FAITH WHEREOF we have appended our signatures this fifteenth day of
December 1960.
|
 |