practices in educational institutions.319 The respect for the religious and cultural identity of all
students should be included in all National Plans of Action on the Right to Education and/or
National Action Plans for Education for All (EFA).
At a minimum, no educational institution, whether State-funded or not, may discriminate on
any prohibited ground. The setting up of special separate schools for girls and boys or for
religious and linguistic groups is not, however, deemed to be discrimination as long as
attendance is optional, the schools comply with minimum standards set down by the State and
there are other mainstream institutions of similar quality for children who do not belong to the
group.320
In communities with great diversity, often, but not necessarily, an official or dominant culture
or religion exists.
In these circumstances, it is especially important to respect and
accommodate cultural and religious minorities.
Therefore, article 27 of the ICCPR
acknowledges:
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.
Article 27 of the ICCPR focuses on “persons belonging” to minorities but does not define the
concept of minorities. The HRC has stated that the question whether an ethnic, religious or
linguistic minority exists is an objective one, not dependent upon the decision of a State
party.321 In 1928, the Permanent Court of International Justice ruled that belonging to a
minority is a question of fact not a declaration of intention. However, this does not exclude
the possibility of taking a subjective element into account.322 Whether you belong to a
religious minority is a subjective question. Those belonging to religious minorities have a
faith which is different to that held by the majority. People have the freedom to choose their
own religion, including the right to convert from one religion to another.323
318
Children’s Committee General Comment No. 1: The Aims of Education CRC/GC/2001/1 17 April
2001 at paras 1 - 2 and 12.
319
Children’s Committee General Comment No. 1: The Aims of Education CRC/GC/2001/1 17 April
2001 at paras 6 and 12.
320
Article 2(b) of the CADE.
321
Human Rights Committee General Comment No. 23: The rights of minorities (fiftieth session, 1994)
CCPR/C/21/Rev.1/Add.5 8 April 1994; HRI/Gen/1/Rev.1 at 38 (1994) at para 5.2.
322
Permanent Court of International Justice Advisory Judgment No 26, Rights of Minorities in Upper
Silesia (Minority Schools) PCIJ. Ser A., No. 15, 26 April 1928 at 31 - 32 http://www.worldcourts.com/
pcij/eng/decisions/1928.04.26_upper_silesia/ (last accessed on 5 March 2007).
323
See for example art 18 UDHR.
114