A/HRC/17/29 social assistance support for children of school age, for example) can be effective in enlarging access to education. 61. Affirmative action and promotional measures are highly important for addressing the educational needs of those living in poverty.49 Such measures may be suitable in cases of long-standing or historical and persisting forms of discrimination. The systemic exclusion of specific groups from higher levels of education can also be addressed through the adoption of temporary special measures. These might range from the establishment of enrolment quotas to the offer of financial incentives targeted to particularly vulnerable groups. 62. The right to education establishes the obligation of States to undertake promotional measures including through the introduction of financial support schemes. Article 13 of the International Covenant on Economic, Social and Cultural Rights proposes the establishment of “an adequate fellowship system” among its provisions on the right to education,50 while the Committee’s general comment No. 13 on the right to education states that “the requirement that ‘an adequate fellowship system shall be established’ should be read with the Covenant's non-discrimination and equality provisions; the fellowship system should enhance equality of educational access for individuals from disadvantaged groups.”51 C. Linguistic and cultural barriers 63. The lack of education in mother-tongue or native languages is often a source of exclusion. This is particularly relevant for minorities and migrants. Estimates indicate that around 221 million children speak a different language at home from the language of instruction in school, limiting their ability to develop foundations for later learning.52 The United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, establishes in article 4(3) that States should take appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue. Moreover, available experience shows that a child learns better in his or her mother tongue in the formative stages and initial period of education. 64. Countries with numerous local languages where the official language is not the same as that used at home face particular challenges in establishing educational policies and language rights. The Forum on Minority Issues recommended that States take appropriate measures, wherever possible, to ensure that persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue. These measures are deemed to be most critical at the preschool and primary school levels, but may extend to subsequent stages of education.53 Respecting the richness of linguistic and cultural diversity, education policies in today's globalized world should give high consideration to mother-tongue-based, multilingual education. 49 50 51 52 53 16 As provided for in the Education Law (2003), Peru, in order to guarantee equity in education, the State should promote positive action and compensate for inequalities resulting from economic, geographical and social factors which have an adverse impact on the exercise of the right to education. The Education Act (2005) of Czech Republic also contains provisions on affirmative measures. UNESCO Convention against Discrimination in Education lays down the criteria of “merit or need” with respect to “grant of scholarships or other forms of assistance to pupils” (article 3(c)). CESCR, general comment No. 13 (1999), para. 26. UNESCO, EFA Global Monitoring Report 2010, p. 10-11. Recommendations of the Forum on Minority Issues (A/HRC/10/11/Add.1), para. 58.

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