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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