A/HRC/17/29
Discrimination; the General Equality of Treatment Act (2006) in Germany, which aims “to
prevent or remove disadvantages due to race or ethnic background, gender, religion or
philosophy, disability, age or sexual orientation” in employment and vocational training;
the Equality Act (2006) in the United Kingdom which establishes a Commission for
Equality and Human Rights and requires public authorities “to take proactive steps in
promoting equality of opportunity between men and women”.
44.
In order for legal instruments to be effective, they must offer the possibility of
addressing the multiple dimensions of inequality in education, as well as the specific
situation of different groups commonly excluded from the education system. Their
enforcement requires a reliable and constantly updated data collection system that captures
the various situations of unequal opportunities in education. In some cases, legal
instruments expressly address the education of particularly vulnerable groups, such as
indigenous groups. 39
VI.
Promoting equality of opportunity in education
45.
Addressing inequalities in education requires a clear understanding of its multiple
and intersecting sources. Given the broad nature of sources of inequalities in education, it
would be impossible to provide an exhaustive description, or analysis, of measures adopted
with the declared aim of promoting equal opportunities in education. Moreover, measuring
marginalization in education is inherently difficult. This section provides only an overview
of key factors affecting equality of opportunity in education as well as some initiatives
designed to counter barriers to achieving de facto equality of opportunity in education.
46.
Poverty is one of the main obstacles to realizing the right to education. Similarly,
education is recognized as a powerful lever to pull children out of poverty and empower
them. Nationally and internationally agreed targets for poverty reduction will be missed,
and inequalities among countries and within societies will widen, if progress towards
Education for All is not accelerated. The magnitude of the challenge in promoting equal
opportunities in education can be gauged by the fact that the number of people living in
extreme poverty and hunger surpasses one billion.
47.
Girls and women constitute the majority of those who remain deprived of education.
The Committee on the Elimination of Discrimination against Women has repeatedly
expressed concern in its concluding observations at the low level of education of women
and girls, and the prevailing obstacles to their access to education at all levels, especially
the secondary and tertiary levels. The Special Rapporteur is of the view that the human
rights framework is pivotal in the struggle against multiple forms of discrimination which
women and girls in vulnerable and marginalized situations suffer. Educating women and
girls should, a priori, be viewed as a human rights imperative, rather than undertaken solely
because of the potential benefits to one’s children or to society.
48.
Belonging to a minority group is also a factor for marginalization in education.
Indeed, education opportunities of Afro-descendants in the Americas or Roma groups in
Europe are the subject of important debates. Ensuring access to basic education on an
equitable basis for children of ethnic and linguistic minorities is an obligation40 and also
39
40
For example, the Indigenous Education Act (2000), Australia, provides for equitable and appropriate
educational outcomes for indigenous people, and their equal access to education.
The rights of national minorities to carry on their own educational activities, while remaining
respectful of “understanding the culture and language of the community as a whole” are provided in
article 5.1(c) of the Convention against Discrimination in Education.
13
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