European Journal for Education Law and Policy 5: 49–55, 2001. © 2003 Kluwer Academic Publishers. Printed in the Netherlands.

49

UNESCO’s experience on equality in education Kishore Singh UNESCO, Paris, France

It is an honour and a privilege for me to represent UNESCO at this ELA Seminar 2001 on Equality in Education and its Application by the Court in European Perspective. I would like to express our gratitude to ELA, especially to its President, Professor Van De Groof, and to the Swedish National Agency of Higher Education as well as to the Swedish National Agency of Education for inviting UNESCO to participate in this Seminar. On behalf of UNESCO, I would also like to compliment the Organisers of this Seminar for having chosen the theme, which is a key concept of the right to basic education for all. Its special importance for UNESCO consists in the fact that it corresponds to one of the core areas of UNESCO’s Constitutional mandate. Moreover, the deliberations at the Seminar are invaluable in the context of UNESCO’s concern for more effective implementation of its normative instruments in the field of right to education. The issues of equality in and access to education become even more critical in emerging learning society of our times in face of the incidence of growing poverty and the increasing gap between the rich and the poor both within and among countries upon educational systems and opportunities. It is, therefore, a special pleasure for me to have this opportunity to share with distinguished participants the activities and experience of UNESCO in equality in education.

UNESCO’s constitutional mandate The fundamental importance accorded by UNESCO to the principles of equality of opportunity and non-discrimination is embodied in UNESCO’s Constitution. It expresses the belief of UNESCO’s founders in “full and equal opportunities for education for all”. UNESCO has the mandate to: “give fresh impulse to popular education and to the spread of culture:
By collaborating with Members, at their request, in the development of educational activities.
By instituting collaboration among the nations to advance the ideal of equality of opportunity without regard to race, sex or any distinctions, economic or social.
By suggesting educational methods best suited to prepare the children of the world for the responsibilities of freedom”. Programmes designed by UNESCO in its early days manifested the vocation of the Organization for giving effect to

these principles. As early as in 1951, the programme elaborated on the Right to Free and Compulsory Education stated: “It is just and it is necessary that all the children of the world should have the right to equal opportunity. Each child should have the chance to reach any position through merit, no matter what is his race, religion or social origin. This ideal is the motivating force which has led UNESCO to undertake a campaign for compulsory education” [. . .].1

UNESCO’s normative action and equality in education The principles of equality of opportunity and nondiscrimination in the field of education have been developed into international norms through a series of international instruments, which UNESCO has elaborated in the field of education. Invariably, all UNESCO’s normative instruments contain follow-up mechanisms, entrusting to the Organization the task of monitoring their implementation in Member States. The Convention against Discrimination in Education (1960)2 occupies the foremost place. Its purpose is not only the elimination of discrimination in education, but also the adoption of measures aimed at promoting equality of opportunity3 and treatment in this field. It is therefore based upon two distinct fundamental principles, which are embodied in both UNESCO’s Constitution and the Universal Declaration of Human Rights, Articles 2 and 26 of which proscribe any form of discrimination and are aimed at promoting the right to education for all. However, the scope of the commitments entered into by States varies according whether discrimination or equality of opportunity is involved. Under the provisions of Article 3 of the Convention, the States undertake to take immediate measures with a view to eliminating and preventing any discrimination within the meaning of the Convention, preventing differences of treatment and forbidding preferences and restrictions in various fields. The States Parties to this Convention4 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 norms 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;

50 (b) To ensure that the standards of education are equivalent in all public educational institutions of the same level, and that the conditions relating to the quality of the 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 4). The Convention thus recognizes the importance of positive measures and affirmative action, which this Seminar is discussing. The principles of non-discrimination and equality of opportunity are reflected as well in the Convention on Technical and Vocational Education.5 This Convention recalls “the Organization’s constitutional duty to promote and develop education” as well as “the principles contained in the Convention against Discrimination in Education”. In its Article 2, paragraph 3, it states: “The Contracting States shall guarantee that no individual who has attained the educational level for admission into technical and vocational education shall be discriminated against on grounds of race, colour, sex, language, religion, national or social origin, political or other opinions, economic status, birth, or on any other grounds. The Contracting States shall work towards the right to equal access to technical and vocational education and towards equality of opportunity6 to study throughout the educational process”.7 The Convention also provides in its Article 5, paragraph 3, that “Equal employment opportunities should be offered, without discrimination, to teachers and other specialized staff in technical and vocational education, and their employment conditions should be such that it is possible to attract, recruit and retain staff qualified in their areas of competence”. Several other instruments elaborated by UNESCO embody the principle of equality of opportunity. For example, the Hamburg Declaration on Adult Learning,8 deems adult education more than a right: “it is the key to the twenty-first century”. It postulates that “The State remains the essential vehicle for ensuring the right to education for all, particularly for the most vulnerable groups of society, such as minorities and indigenous peoples, and for providing an overall policy framework”. As regards the implementation measures, “The Agenda for the Future” which Declaration carries, sets out commitment to develop adult learning, as well as a series of commitments on important themes such as “ensuring universal right to literacy and basic education”. The Follow-up Strategy in the Declaration stipulates that the learning needs of all young people and adults must be met through equitable access to appropriate learning and life skills programmes. The Salamanca Statement on Principles, Policies and Practice in Special Needs on Education9 proclaims the fundamental right of the child to education. It calls upon all governments and urges them to adopt as a matter of law or policy the principle of inclusive education. It provides that

“Legislation should recognize the principle of equality of opportunity for children, youth and adults with disabilities in primary, secondary and tertiary education carried out, in so far as possible, in integrated settings”. The Statement places emphasis on the development of strategies that seek to bring about a genuine equalization of opportunity in order to combat exclusion within the field of education. The principle of equality of opportunity is reinforced by the Declaration and Integrated Framework of Action on Education for Peace, Human Rights and Democracy.10 The Declaration expresses the political commitment by the ministers of education and therefore, the responsibility undertaken by governments to take policy measures and national level action. An important area of action relates to the access to education of vulnerable groups. The Integrated Framework postulates that “in order to create understanding between different groups of society, there must be respect for the educational rights of persons belonging to national or ethnic, religious and linguistic minorities, as well as indigenous people, and this must also have implications in curricula and methods as well as in the way education is organized”. The country reports on the status of implementation of the Declaration and the Framework of Action, requested by the Director-General of UNESCO in March 2000 also relate to the measures taken as a follow-up to these provisions. As UNESCO’s normative instruments show, equal opportunity, equitable access and non-discrimination are often inter-linked. This is illustrated by the World Declaration on Higher Education for the Twenty-first Century (1998).11 This Declaration expresses the conviction that “education is a fundamental pillar of human rights, democracy, sustainable development and peace, and shall therefore become accessible to all throughout life”. In its Article 1, it stipulates that the mission of higher education is, inter alia, to “(b) provide opportunities (espace ouvert) for higher learning and for learning throughout life [. . .]”. Article 3 of the Declaration is entitled “Equity of access” and the provisions it contains deserves be to quoted extensively: (a) In keeping with Article 26.1 of the Universal Declaration of Human Rights, admission to higher education should be based on the merit, capacity, efforts, perseverance and devotion, showed by those seeking access to it, and can take place in a lifelong scheme, at any time, with due recognition of previously acquired skills. As a consequence, no discrimination can be accepted in granting access to higher education on grounds of race, gender, language or religion, or economic, cultural or social distinctions, or physical disabilities. (b) Equity of access to higher education should begin with the reinforcement and, if need be, the reordering of its links with all other levels of education, particularly with secondary education [. . .]. However, access to higher education should remain open to those successfully completing secondary school, or its equivalent, or presenting entry qualifications, as far as possible, at any age and without any discrimination.

51 (c) As a consequence, the rapid and wide-reaching demand for higher education requires, where appropriate, all policies concerning access to higher education to give priority in the future to the approach based on the merit of the individual, as defined in Article 3 (a) above. (d) Access to higher education for members of some special target groups, such as indigenous peoples, cultural and linguistic minorities, disadvantaged groups, peoples living under occupation and those who suffer from disabilities, must be actively facilitated, since these groups as collectivities and as individuals may have both experience and talent that can be of great value for the development of societies and nations [. . .]. UNESCO is developing a number of activities as a follow-up to this Declaration. Right to education for all and equality of opportunity Mr Chairperson, Making education accessible to millions of children and young people around the world who are still not getting full educational opportunities, is UNESCO’s highest priority. This is indeed a daunting challenge. More than a decade ago, the World Declaration on Education for All was adopted by the World Conference on Education for All in 1990 in Jomtien (Thailand) with this very objective. The Declaration provides that “Every person – child, youth and adult – shall be able to benefit from educational opportunities designed to meet their basic learning needs”.12 This Declaration reaffirms the right to education for every one, with emphasis on the principle of universal access to education – especially for girls and women – and the elimination of disparities in education. The follow-up action to the World Declaration on Education for All was reinforced by other Declarations such as the Delhi Declaration13 and the Recife Declaration of the E-9 Countries (2000).14 The latter addresses the existing inequities in education, particularly in regard to girls’ and women’s education. It underlines the need for a new visionary agenda for the new millennium that will reaffirm “basic education as a human right” and recognizes the key challenge for the promotion of social and economic development with equity through quality education for all. To that end, it calls for “effecting changes in legislation to extend basic education and to include education for all in policy statements”; “ensuring access and equity for population located in inaccessible areas”; and “sharpening focus on gender equity”. As the country reports on Education For All (EFA, 2000) Assessment submitted to the World Education Forum organized in Dakar in April 2000 show, the challenge in achieving the basic education for all persists, in spite of decade long efforts by the international community. The struggle against social exclusion and growing poverty requires to be intensified, so that the children from poor families are not relegated to the most disadvantaged schools. Fundamental changes are required in the distribution of

educational resources, along with positive measures in favour of the disadvantaged groups and those deprived of basic education. The Dakar Framework for Action, adopted by the World Education Forum, therefore, reaffirms the right to education as a fundamental human right. It contains provisions relating to the equality of opportunity, underlying the importance of focussing action for universalising access to education and expresses the collective commitment by the whole of the international community for achieving its six objectives, which include: (a) Expanding and improving comprehensive early childhood care and education, especially for the most vulnerable and disadvantaged children; (b) Ensuring that by 2015 all children, particularly girls, children in difficult circumstances and those belonging to ethnic minorities, have access to and complete free and compulsory primary education of good quality; (c) Eliminating gender disparities in primary and secondary education by 2005, and achieving gender equality in education by 2015, with a focus on ensuring girls’ full and equal access to and achievement in basic education of good quality.15 Certain key questions linked with the equality of opportunity are addressed by the Expanded Commentary on the Dakar Framework of Action, prepared by the World Education Forum Drafting Committee. The Expanded Commentary states: “All children must have the opportunity to fulfil their right to quality education in schools or alternative programmes at whatever level of education is considered “basic”. All States must fulfil their obligation to offer free and compulsory primary education in accordance with the United Nations Convention on the Rights of the Child and other international commitments [. . .]. For the millions of children living in poverty, who suffer multiple disadvantages, there must be an unequivocal commitment that education be free of tuition and other fees, and that everything possible be done to reduce or eliminate costs such as those for learning material, uniforms, school meals and transport. Wider social policies, interventions and incentives should be used to mitigate indirect opportunity costs of attending school. No one should be denied the opportunity to complete a good quality primary education because it is unaffordable. Child labour must not stand in the way of education. The inclusion of children with special needs, from disadvantaged ethnic minorities and migrant populations, from remote and isolated communities and from urban slums, and others excluded from education, must be an integral part of strategies to achieve UPE by 2015”.16 I need not emphasize the pertinence of the Dakar Framework for Action to the theme of the Seminar. The intellectual community has an important role with respect to one of its key provisions: “to ensure that the Dakar Framework for Action is on the agenda of every international and regional organization, every national legislature and every local decision-making forum” (paragraph 13). It is also crucial to impart synergy to the follow up to the Dakar Framework for Action within the United Nations system.

52 Monitoring the implementation of the convention against discrimination in education – equality in education

Co-operation with the United Nations in monitoring the right to education and promoting the equality of opportunity

A characteristic feature of UNESCO’s normative action is that almost all its instruments contain provisions for monitoring their follow-up in Member States. As regards UNESCO’s action in giving effect to the equality in education, it can be seen in monitoring the implementation of the Convention against Discrimination in Education in Member States. Mr Chairperson, allow me to elaborate briefly on UNESCO’s experience in this respect. According to the provisions of the Article 7 of the Convention: “The States Parties to this Convention have the obligation to submit periodic reports to UNESCO, giving 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 as well as the results achieved and the obstacles encountered in the application of that policy”.17 In keeping with these provisions, UNESCO recently conducted the sixth Consultation with Member States on the implementation of the Convention and Recommendation against Discrimination in Education (1960). For this purpose, guidelines were addressed to Member States, which focussed the consultation process and its final report on the basic education of four population groups: women and girls, persons belonging to minorities, refugees, and indigenous people. After having examined the results and the outcome of the Consultation, UNESCO’s Executive Board adopted a decision in May–June 1999 which was subsequently endorsed by UNESCO’s General Conference in the form of Resolution 30 C/Res. 15. The operative part of this resolution invites “the Director-General to strengthen UNESCO’s action against discrimination in education, to ensure the widest possible democratisation of education and to study, in view of the Seventh Consultation and in cooperation with the United Nations, the possibility of creating a coherent mechanism of reporting on and monitoring of the right to education as it is set down in various United Nations conventions on human rights”. In line with the resolution 30 C/Res. 15: “to ensure the widest possible democratisation of education”, creating greater awareness about the right to education and to equal opportunity for the beneficiaries of this right is crucial. Another provision of this resolution – “The preparation and publication of a collection of examples of practical measures that have proved to be most efficient in Member States” – is no doubt of great value in promoting the equality of opportunity in education. It goes without saying that we would welcome the possibility to draw upon the experience and ideas of the distinguished participants in the Seminar and the institutions they are affiliated with and especially the resources of organizations like the European Association for Education Law and Policy for this purpose.

The principle of equality of opportunity in education is an essential element in UNESCO’s co-operation with the United Nations. This is indicated by the growing collaboration with the UN Office of the High Commissioner for Human Rights and especially with the Committee on Economic, Social and Cultural Rights (CESCR). As a treaty body, CESCR monitors the implementation of the right to education in line with the State obligations contained in Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights. What is commendable is that it takes into account the relevant instruments of UNESCO relating to the right to education. The General Comment No. 13 on the right to education elaborated by CESCR in collaboration with UNESCO, is illustrative of this. It states at the outset that “Education is both a human right in itself and an indispensable means of realizing other human rights”. This reflects indeed UNESCO’s view. The General Comment No. 13 makes reference in several places to the UNESCO’s Convention against Discrimination in Education (1960), as also to UNESCO’s other normative instruments, such as the World Declaration on Education for All (1990). Moreover, it contains several provisions relating to non-discrimination in the field of education. It lays emphasis on accessibility and provides that “educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party [. . .]”. As regards non-discrimination, it provides that “education must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination on any of the prohibited grounds”.18 In adopting the General Comment No. 13, the Committee took note of Article 2 of the Convention on the Rights of the Child and Article 3 (e) of the UNESCO Convention against Discrimination in Education and confirmed that the principle of non-discrimination extends to all persons of school age residing in the territory of a State party, including non-nationals, and irrespective of their legal status. The General Comment No. 13 also contains provisions on positive measures and affirmative action. It elucidates the raison d’être of such measures and states that “The adoption of temporary special measures intended to bring about de facto equality for men and women and for disadvantaged groups is not a violation of the right to non-discrimination with regard to education, so long as such measures do not lead to the maintenance of unequal or separate standards for different groups, and provided they are not continued after the objectives for which they were taken have been achieved”.19 In this respect, the General Comment No. 13 further states that “In some circumstances, separate educational systems or institutions for groups defined by the categories in Article 2 (2) shall be deemed not to constitute a breach of the Covenant. In this regard, the Committee affirms Article 2 of the UNESCO Convention

53 against Discrimination in Education (1960)”.20 Furthermore, it provides some illustration as regards violations of Article 13: [. . .] “The introduction or failure to repeal legislation which discriminates against individuals or groups, on any of the prohibited grounds, in the field of education; the failure to take measures which address de facto educational discrimination; the use of curricula inconsistent with the educational objectives set out in Article 13”.21 The co-operation with the United Nations for monitoring and promoting the right to education will be further strengthened during the course of conducting the seventh consultation with Member States on the implementation of the Convention against Discrimination in Education, as foreseen in the Resolution 30 C/Res. 15 mentioned above. UNESCO is currently examining modalities for conducting this consultation. The provisions of Article 1 of the Convention provide basic parameters concerning the scope of the consultation: “For the purposes of this Convention, ‘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 of nullifying or impairing equality of treatment in education [. . .]”. Besides, mutually enriching aspects of monitoring the implementation of the Convention and Recommendation against Discrimination in Education (1960) and the Dakar Framework for Action must be recognized. In pursuance to Resolution 30 C/Res. 15, a new approach is being explored in co-operation with the United Nations: to examine “the possibility of creating a coherent mechanism of reporting on and monitoring of the right to education”. This is indeed a very complex matter. Growing collaboration between CESCR and UNESCO is vital for exploring such possibility, and for complementing their endeavour for monitoring the implementation of the right to education. The common objectives and shared concerns of UNESCO and CESCR for education for all (EEA) imparts sinergy to the Dakar Framework of Action. Other complementary possibilities are as well relevant in view of the work of the monitoring bodies. For instance, monitoring the implementation of the Convention on the Rights of the Child (1989), in particular the provisions of Articles 28 to 30, as also the Convention on the Elimination of All Forms of Discrimination against Women (1979), in particular Article 10. In this respect, may I mention that the responsibility of the international community, particularly of the United Nations system, for promoting the right to education is also reflected in the Programme of Action on a Culture of Peace, adopted by the United Nations General Assembly on 13 September 1999 entitled “Actions fostering a culture of peace through education”. This Programme of Action contains several provisions relating to the right to education and equality of opportunity. It provides (in section 9) that actions fostering a culture of peace through education should: (a) Reinvigorate national efforts and international cooperation to promote the goals of education for all22

with a view to achieving human, social and economic development and for promoting a culture of peace. (b) Ensure that children, from an early age, benefit from education on the values, attitudes, modes of behaviour and ways of life to enable them to resolve any dispute peacefully and in a spirit of respect for human dignity and of tolerance and non-discrimination; and (c) Ensure equality of access for women, especially girls, to education. UNESCO has a special responsibility to undertake programmes within the framework of the Programme of Action. Vision of education and equality of opportunity In parallel with UNESCO’s normative action, right to education and specially the principle of equality of opportunity have been integral part of vision for education developed by UNESCO. The International Commission on Education for the Twenty-first century, in its Report presented to UNESCO “Learning: The Treasure Within” (1996) stated that “Education is a human right and an essential tool for achieving the goals of equality, development and peace. Non-discriminatory education benefits both girls and boys, and thus ultimately contributes to more equal relationships between men and women. Equality of access to and attainment of educational qualifications is necessary if more women are to become agents of change [. . .]”. The recommendation of the Commission that “Basic education is the first step in attempting to attenuate the enormous disparities affecting many groups – women, rural populations, the urban poor, marginalized ethnic minorities and the millions of children not attending school and working”, has emerged as priority programme for assisting Member States.23 An expanding vision of educational opportunity is expounded in the World Education Report 2000 entitled “The Right to Education – towards education for all throughout life” published by UNESCO. The Report which presents broad but concise analysis of major trends and policy issues in education in the world also deals with the evolution and application of the principle of “Equal opportunity” in education. It states that this principle has been central to the question of what kinds of education to provide at the secondary level, because of the range of student abilities and interests that need to be catered for. If ideally, “secondary education should be the time when the most varied talents are revealed and flourish”, this was hardly possible so long as a majority of young people did not have access to it, which in any case is still the situation in half the countries in the world today. The Report highlights how both the Convention against Discrimination in Education and later the Convention on the Rights of the Child refers to the general principle of “equal opportunity” in education.24 Critical reflections on the right to education and equality of opportunity as well as multicultural education are required further in co-operation with the intellectual community and professional bodies. Some of the issues involved were dealt with in a co-publication by the INTERCENTER and UNESCO of the proceedings of

54 the International Colloquium in December 1999 on “The Right to Education of Vulnerable Groups whilst Respecting their Cultural Identity” (Le droit à l’éducation des groupes vulnérables dans le respect de leurs identités culturelles). This publication contains number of reports presented at the Colloquium, including the equality of opportunities in education and the right to education concerning notably vulnerable groups, such as immigrants, the handicapped, indigenous people, linguistic and ethnic minorities and the millions deprived of education on account of extreme poverty. As regards multicultural education, UNESCO’s role is presented in the publication of the proceedings of the Montreal International Seminar on Intercultural and Multicultural Education, 1999.25 In the field of the right to education, another important activity is: “Le droit à l’éducation: vers de nouveaux contenus pour le XXIe siècle”. This is a publication of the proceedings and deliberations of the Colloquium on this subject, organized by the French National Commission for co-operation with UNESCO, in collaboration with UNESCO in December 1999. Concluding observations Mr Chairperson, Making education accessible to an increasing number of children living in poor, illiterate families, who are deprived of education is a major challenge we all face in the beginning of the new century and the millennium. The question of promoting equal opportunity and access to basic education for all, coupled with gender-equity is of the highest importance. UNESCO appreciates the importance of Seminar such as this in that a comparative analysis of laws and policies can provide insight into issues involved – both legal and policy – for promoting the equality of opportunity. The Seminar demonstrates how to strengthen legal and constitutional foundations of equality of opportunity in education with a view to imparting momentum to universalising right-based access to basic education for all. This would go a long way in contributing to the follow-up to the Dakar Framework for Action. While concluding, may I say how much UNESCO values the collaboration with the United Nations and the intellectual community and professional bodies. Seminar such as this deserves our appreciation for providing forum for reflections by eminent specialists on these key issues. Such scholarly reflections are indeed very useful. They contribute to the broader concept of education as a common good. What is crucial is that such a concept is reflected in national laws, policies and education development programmes. Generating public debate on the right to education in that spirit is indeed crucial. Greater emphasis requires to be placed on questions of critical importance, and in particular, the State obligation in international law and in national laws for the realisation of the right to education for all, respecting fully the principle of equality of opportunity. Let me express the hope on behalf of UNESCO that this Seminar will contribute to promote more effective

application of normative instruments relating to the right to education, and to action aimed at translating the political commitments by Member States into national policies and laws. A comparative analysis of national laws for promoting equality of opportunity can go a long way in reinforcing legal foundations of the right to education and its effective enforcement. UNESCO’s participation in this Seminar also gives the occasion to build up on initiatives taken recently for our partnership with the European Association for Education Law and Policy. I would like once more to thank the organizers of this Seminar for having chosen the theme of such crucial significance for deliberation. Thank you. Notes 1. Mr Jean Debiesse “The Right to Free and Compulsory Education”, UNESCO Courier, July–August 1951 (p. 14). 2. The General Conference of UNESCO adopted the Convention on 14 December 1960 at its Eleventh session, held in Paris, which came into force on 22 May 1962. 3. Emphasis added. 4. So far, 90 Member States have adhered to the Convention. 5. The General Conference adopted this Convention at its Twenty-fifth session on 10 November 1989. So far, it has been adhered by 12 Member States only. 6. Emphasis added. 7. Further, the Convention contains provisions regarding the special needs education. It provides that “The Contracting States shall pay attention to the special needs of the handicapped and other disadvantaged groups and take appropriate measures to enable these groups to benefit from technical and vocational education” (Article 2, para. 4). 8. The Declaration was adopted at the Fifth International Conference on Adult Education (14–18 July 1997). 9. The Statement was adopted by the World Conference on Special Needs Education (Salamanca, Spain) in 1994. 10. The Declaration was adopted by the International Conference on Education (Geneva, October 1994) and endorsed by UNESCO’s General Conference in 1995, when the General Conference also approved the Integrated Framework of Action on Education for Peace, Human Rights and Democracy. 11. The Declaration was adopted by the World Conference on Higher Education in the Twenty-first Century: Vision and Action, UNESCO, Paris, 5–9 October 1998. 12. The Declaration states that these needs comprise basic learning content (such as knowledge, skills, values and attitudes) required by human beings to survive, to develop their full capacities, to live and work in dignity, to participate fully in development. 13. The Delhi Declaration, adopted by the Education for All Summit of Nine High-Population Developing Countries on 16 December 1993, states “We will eliminate disparities of access to basic education arising from gender, age, income, family, cultural, ethnic and linguistic differences and geographic remoteness”. 14. The Declaration was adopted by the E-9 Ministerial Review Meeting, in Recife, Brazil from 31 January to 2 February 2000. The E-9 countries, comprising Bangladesh, Brazil, China, Egypt, India, Indonesia, Mexico, Nigeria and Pakistan, account for more than 50 per cent of the world’s population. 15. Paragraph 7 of the Dakar Framework for Action. 16. Education for All: Meeting Our Collective Commitments – Expanded Commentary on the Dakar Framework of Action, prepared by the World Education Forum Drafting Committee, Paris, 23 May 2000. 17. Article 7 of the Convetnion on Technical and Vocational Education contains similar provisions. It states that “The Contracting States shall specify, in periodic reports submitted to the General Conference of the United Nations Educational, Scientific and Cultural Organization at the dates and in the form determined by it, the legislative provisions, regulations and other measures adopted by them to give effect to this Convention”.

55 18. The General Comment elaborates briefly on Physical accessibility – “education has to be within safe physical reach, either by attendance at some reasonably convenient geographic location (e.g., a neighbourhood school) or via modern technology (e.g., access to a “distance learning” programme)”; as well as on Economic accessibility – “education has to be affordable to all. This dimension of accessibility is subject to the differential wording of article 13(2) in relation to primary, secondary and higher education: whereas primary education shall be available “free to all”, States parties are required to progressively introduce free secondary and higher education”. 19. Paragraph 32. In its paragraph 31, the General Comment provides that “The prohibition against discrimination enshrined in article 2(2) of the Covenant is subject to neither progressive realization nor the availability of resources; it applies fully and immediately to all aspects of education and encompasses all internationally prohibited grounds of discrimination”. 20. Paragraph 33.

21. Paragraph 59. 22. Emphasis added. 23. The International Commission on Education for the Twenty-first century: The Report presented to UNESCO “Learning: The Treasure Within” UNESCO, 1996 (p. 118). 24. World Education Report 2000 “The Right to Education – towards education for all throughout life”, UNESCO publishing, 2000 (pp. 64– 69). The Report states that “While the provision of “equal opportunity” for “varied talents” to “flourish” has been as much of a challenge for elementary or primary as for secondary education over the past fifty years, it has generally been a matter of intense concern in secondary education because of the differences in the rewards that societies typically accord to the different types or forms of education at this level” (p. 66). 25. Montreal International Seminar on Intercultural and Multicultural Education, Revue québécoise de droit international, numéro spécial, volume 12.1, 1999 (pp. 41–53).