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Rural and Remote Education Inquiry Briefing Paper

1. Sources of relevant rights

The right to education

Rights of access

The core right of the child to education is set out in article 28 of the Convention on the Rights of the Child.

  1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
  1. Make primary education compulsory and available free to all;

  2. Encourage the development of different forms of secondary edu-cation, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the intro-duction of free education and offering financial assistance in case of need;

  3. Make higher education accessible to all on the basis of capacity by every appropriate means;

  4. Make educational and vocational information and guidance avail-able and accessible to all children;

  5. Take measures to encourage regular attendance at schools and the reduction of drop-out rates.
  1. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's hu-man dignity and in conformity with the present Convention.

  2. States Parties shall promote and encourage international co--operation in matters relating to education, in particular with a view to con-tributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

Very similar language is found in article 13 of the International Covenant on Economic, Social and Cultural Rights. Article 14 of the Covenant on Economic, Social and Cultural Rights goes on to provide that education shall be compulsory at the primary level and provided free of charge.

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

The aims of education

International law also specifies the goals that education should be designed to achieve. Article 29 of the Convention on the Rights of the Child discusses what the aims of education should be.

  1. States Parties agree that the education of the child shall be directed to:
  1. The development of the child's personality, talents and mental and physical abilities to their fullest potential;

  2. The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

  3. The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

  4. The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friend-ship among all peoples, ethnic, national and religious groups and persons of indigenous origin;

  5. The development of respect for the natural environment.

Australia has also adopted the Convention against Discrimination in Education. Article 5 also sets out the broad goals of education.

The States Parties to this Convention agree that:

  1. 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;

  2. 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;

  3. 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:
  1. 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. That the standard of education is not lower than the general standard laid down or approved by the competent authorities; and

  3. That attendance at such schools is optional.

Article 31 of the Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO 169) requires that education about Indigenous peoples must contain accurate information and aim to eliminate prejudice. While Australia is not a party to this Convention, and thus the Convention is not binding on Australia, it is persuasive as a model for what international law generally requires.

Educational measures shall be taken among all sections of the national community, and particularly among those that are in most direct contact with the peoples concerned, with the object of eliminating prejudices that they may harbour in respect of these peoples. To this end, efforts shall be made to ensure that history textbooks and other educational materials provide a fair, accurate and informative portrayal of the societies and cultures of these peoples.

Independent schools

The drafters of the Convention on the Rights of the Child preserved the right of individuals to establish educational institutions. Paragraph 2 of article 29 states

  1. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum stan-dards as may be laid down by the State.

Vocational education

Vocational education and training are also specifically covered by article 6(2) of the Covenant on Economic, Social and Cultural Rights.

The steps to be taken by a State Party to the present Covenant to achieve the full realization of [the right to work] shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

The principle of non-discrimination

Human rights without discrimination

It is a fundamental principle of international law that human rights are to be enjoyed by everyone without discrimination of any kind. Article 2(1) of the International Covenant on Civil and Political Rights states

Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth of other status.

Education without discrimination

Education must be available to all without discrimination of any kind. This principle is firmly established in article 2(1) of the Convention on the Rights of the Child.

  1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

Article 1(1) of the Convention against Discrimination in Education defines discrimination.

For the purpose 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:

  1. Of depriving any person or group of persons of access to education of any type or at any level;

  2. Of limiting any person or group of persons to education of an inferior standard;

  3. 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

  4. Of inflicting on any person or group of persons conditions which are incompatible with the dignity of man.

Article 1(2) defines 'education'.

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.

However, the drafters of the Convention were careful to preserve the right to establish certain special schools as non-discriminatory. Article 2 of the Convention states

When permitted in a State, the following situations shall not be deemed to constitute discrimination, within the meaning of article 1 of this Convention:

  1. 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;

  2. The establishment of 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;

  3. 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 4 sets out what countries, including Australia, should do to eliminate discrimination in education.

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:

  1. 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;

  2. 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;

  3. 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;

  4. To provide training for the teaching profession without discrimination.

The Convention goes further than simply prohibiting discriminatory practices. Article 3 requires States Parties to introduce measures to eliminate and prevent discrimination.

In order to eliminate and prevent discrimination within the meaning of this Convention, the States Parties thereto undertake:

  1. To abrogate any statutory provisions and any administrative instructions and to discontinue any administrative practices which involve discrimination in education;

  2. To ensure, by legislation where necessary, that there is no discrimination in the admission of pupils to educational institutions;

  3. 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;

  4. 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;

  5. To give foreign nationals resident within their territory the same access to education as that given to their own nationals.

Race discrimination

The International Convention on the Elimination of All Forms of Racial Discrimination provides that education shall be available to all without discrimination on the basis of race.

Article 1(1)

In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

Article 5(1)(e)(v)

  1. . States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights
(e) Economic, social and cultural rights, in particular:
(v) The right to education and training;

Article 7 requires countries, including Australia, to take steps to eliminate racial prejudice.

States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view of combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention.

Article 1(4) authorises special measures to assist disadvantaged groups.

Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.

Sex discrimination

The Convention on the Elimination of All Forms of Discrimination Against Women defines sex discrimination.

.the term 'discrimination against women' shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Article 10 provides that education must be free from discrimination against girls and young women.

States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:

  1. The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

  2. Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

  3. The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

  4. The same opportunities to benefit from scholarships and other study grants;

  5. The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

  6. The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

  7. The same opportunities to participate actively in sports and physical education;

  8. Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

This obligation is reinforced by a special provision in the Convention concerning rural areas. Article 14(2)(d) states

States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

(d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;

Like the Race Convention, the Women's Convention authorises special measures to achieve equality. Article 4(1) states

Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.

Religious discrimination

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief requires countries, including Australia, to protect children from discrimination on religious grounds. Article 5(3) states

The child shall be protected from any form of discrimination on the ground of religion or belief. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.

The principle of the child's best interests

In decisions about and actions relating to education, the best interests of the child shall be a primary consideration, according to the Convention on the Rights of the Child, article 3(1):

  1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consid-eration.

The child's right to participate in decision-making

The Convention on the Rights of the Child, at article 12(1), explicitly states that the child has a right, according to his or her capacity, to participate in decisions that affect him or her.

  1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in ac-cordance with the age and maturity of the child.

Article 5 of the same Convention states that a child's parents have a duty to assist him or her in the realisation of this right.

States Parties shall respect the responsibilities, rights and duties of par-ents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally re-sponsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

The rights of children with disabilities

Children with disabilities have the right to all the support necessary to become as self-reliant as possible according to article 23(1) of the Convention on the Rights of the Child.

  1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.

This right is also emphasised in the Declaration on the Rights of Disabled Persons in articles 5 and 6. Although usually not binding of themselves in international law, declarations such as this one set the standard which the United Nations believes countries, including Australia, should meet.

  1. Disabled persons are entitled to the measures designed to enable them to become as self-reliant as possible.

  2. Disabled persons have the right to . education, vocational training and rehabilitation . and other services which will enable them to develop their capabilities and skills to the maximum and will hasten the process of their social integration or reintegration.

Article 23(3) of the Convention on the Rights of the Child provides that children with disabilities must be ensured access to education.

  1. Recognizing the special needs of a disabled child, assistance ex-tended in accordance with paragraph 2 of the present article shall be pro-vided free of charge, whenever possible, taking into account the financial re-sources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employ-ment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.

Article 1 of the Declaration on the Rights of Disabled Persons defines disability.

The term 'disabled person' means any person unable to ensure by himself or herself, wholly or partly, the necessities of a normal individual and/or social life, as a result of deficiency, either congenital or not, in his or her physical or mental capabilities.

The Declaration on the Rights of Mentally Retarded Persons safeguards the rights of those with intellectual disabilities, although it uses very dated language. The provisions most pertinent to education are articles 1 and 2.

  1. The mentally retarded person has, to the maximum degree of feasibility, the same rights as other human beings.

  2. The mentally retarded person has a right to proper medical care and physical therapy and to such education, training, rehabilitation and guidance as will enable him to develop his ability and maximum potential.

The rights of minority children

Members of minority groups, including Indigenous groups, have certain rights which are specially protected under international law. The following provisions are applicable to both Indigenous groups and non-Indigenous minorities in Australia. The next section discusses provisions which are particular to Indigenous populations, to the exclusion of non-Indigenous minorities.

Individual members of minorities have the right to practise their religion, culture and/or language in community with other members. Article 27 of the International Covenant on Civil and Political Rights states

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

This right is also declared in article 30 of the Convention on the Rights of the Child.

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.

Article 29(1) of the Convention on the Rights of the Child also stipulates that the curriculum should include certain aspects designed to promote minority children's preservation of their own culture.

States Parties agree that the education of the child shall be directed to: .

(c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate and for civilizations different from his or her own;.

The right to establish separate schools for the maintenance of minority religions, cultures and languages is protected by article 5(1) of the Convention Against Discrimination in Education.

The States Parties to this Convention agree that: .

  1. .

  2. 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;

  3. 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:
  1. 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. That the standard of education is not lower than the general standard laid down or approved by the competent authorities; and

  3. That attendance at such schools is optional.

The rights of Indigenous children

In addition to freedom from discrimination and the minority rights set out above, international law is developing specific rights for Indigenous children and their communities. Note that, although Australia has yet to accede to these provisions, they are important elements in evolving international law.

Languages of Indigenous groups are protected by article 28(3) of the Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO 169).

  1. Measures shall be taken to preserve and promote the development and practice of the indigenous language of the peoples concerned.

Article 7(2) places an obligation on the government to improve education standards.

  1. The improvement of the conditions of life and work and levels of health and education of the peoples concerned, with their participation and co-operation, shall be a matter of priority in plans for the overall economic development of areas they inhabit. Special projects for development of the areas in question shall also be so designed as to promote such improvement.

Article 26 sets out the right to equality in education.

Measures shall be taken to ensure that members of the peoples concerned have the opportunity to acquire education at all levels on at least an equal footing with the rest of the national community.

Article 29 states

The imparting of general knowledge and skills that will help children belonging to the peoples concerned to participate fully and on an equal footing in their own community and in the national community shall be an aim of education for these peoples.

International law also guarantees Indigenous communities the right to determine their own educational priorities and to establish their own educational institutions, as well as the right to be taught their own history and culture. Article 27 of ILO 169 states

  1. Education programmes and services for the peoples concerned shall be developed and implemented in co-operation with them to address their special needs, and shall incorporate their histories, their knowledge and technologies, their value systems and their further social, economic and cultural aspirations.

  2. The competent authority shall ensure the training of members of these peoples and their involvement in the formulation and implementation of education programmes, with a view to the progressive transfer of responsibility for the conduct of these programmes to these peoples as appropriate.

  3. In addition, governments shall recognise the right of these peoples to establish their own educational institutions and facilities, provided that such institutions meet minimum standards established by the competent authority in consultation with these peoples. Appropriate resources shall be provided for this purpose.

Indigenous children have the right to learn their own language. Article 28(1) of ILO 169 states

  1. Children belonging to the peoples concerned shall, wherever practicable, be taught to read and write in their own indigenous language or in the language most commonly used by the group to which they belong. When this is not practicable, the competent authorities shall undertake consultations with these peoples with a view to the adoption of measures to achieve this objective.

Indigenous children also have the right to learn the national language. Article 28(20 states

  1. Adequate measures shall be taken to ensure that these peoples have the opportunity to attain fluency in the national language or in one of the official languages of the country.

The Draft Declaration on the Rights of Indigenous Peoples, which has not yet been adopted by the General Assembly, sets out several rights pertinent to education.

  1. Indigenous children have the right to all levels and forms of education of the State. All indigenous peoples also have this right and the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
Indigenous children living outside their communities have the right to be provided access to education in their own culture and language.

States shall take effective measures to provide appropriate resources for these purposes.

  1. Indigenous peoples, as a specific form of exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, including culture, religion, education, information, media, health, housing, employment, social welfare, economic activities, land and resources management, environment and entry by non-members, as well as ways and means for financing these autonomous functions.

Article 31 of ILO 169 provides that nationwide efforts should be undertaken to ensure that school curricula portray Indigenous groups accurately.

Educational measures shall be taken among all sections of the national community, and particularly among those that are in most direct contact with the peoples concerned, with the object of eliminating prejudices that they may harbour in respect of these peoples. To this end, efforts shall be made to ensure that history textbooks and other educational materials provide a fair, accurate and informative portrayal of the societies and cultures of these peoples.

Rights of religious groups

Article 14(1) of the Convention on the Rights of the Child, like article 18 of the International Covenant on Civil and Political Rights, protects children's freedom of religion.

States Parties shall respect the right of the child to freedom of thought, conscience and religion.

Only limited restrictions on the manifestation of religious beliefs are permitted. Article 14(3) of the Convention on the Rights of the Child sets out what limits are permitted.

Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

Article 18(4) of the International Covenant on Civil and Political Rights gives parents the right to have their children educated in a manner that is consistent with their religious beliefs.

  1. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

This right is also set out in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief at article 5, paragraphs (2) and (5):

  1. Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents of legal guardians, the best interests of the child being the guiding principle.
  1. Practices of a religion or beliefs in which a child is brought up must not be injurious to his physical or mental health or to his full development .

Article 13(3) of the International Covenant on Economic, Social and Cultural Rights protects the right of parents to choose schools for their children to ensure that those children are educated in accordance with the convictions of the parents.

The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

This includes the right to establish religious schools, as expressed in article 2 of the Convention Against Discrimination in Education.

When permitted in a State, the following situations shall not be deemed to constitute discrimination, within the meaning of article 1 of this Convention: .

(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;

Article 5(1) states

The States Parties to this Convention agree that: .

(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;.

Rights relevant to education subsidies

Article 28(1) of the Convention on the Rights of the Child requires countries to offer financial assistance in the case of need to ensure children have access to secondary and vocational education.

Rights relevant to information technologies

Everyone has the right to benefit from scientific advances and to participate fully in cultural life. Article 15 of the International Covenant on Economic, Social and Cultural Rights states

  1. The States Parties to the present Covenant recognize the right of everyone:
  1. To take part in cultural life;
  2. To enjoy the benefits of scientific progress and its applications;

Similarly article 31 of the Convention on the Rights of the Child states

  1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.

  2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.

Article 17 of the Convention on the Rights of the Child provides that children have the right to information through the mass media and article 13 protects the child's freedom of expressions through 'any . media of the child's choice'. Article 19 of the International Covenant on Civil and Political Rights uses very similar language.

International law is also coming to recognise a right of Indigenous peoples to establish their own media outlets and to be accurately represented in other media. Article 17 of the Draft Declaration on the Rights of Indigenous Peoples states

Indigenous peoples have the right to establish their own media in their own languages. They also have the right to equal access to all forms of non-indigenous media. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity.
Last updated 2 December 2001.