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 purposes 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 and 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;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.
(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.
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.
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