Right to a state-funded education in a minority language Linguistic particularism is a natural and essential component of individual identity. The cultural significance of language arises from the fact that it is the medium through which each individual and, by extension, each community understands the world and their place in it.330 Minorities want to express a particular ethnic, religious or cultural identity through the traditional language associated with it. It appears that education is an especially contentious feature of linguistic diversity dilemmas because both the state and the minority tend to view it as central to realising their collective aspirations.331 The right to freedom of expression in the language of one’s choice332 is central to the idea of minority language rights. Thus there should be no restrictions on a child speaking such a language at school. As to the question of whether teaching should be conducted in a minority language, at a minimum States have an obligation to respect the freedom of individuals to teach a minority language in schools established by members of that minority333 and to ensure that the right to use minority languages in private institutions, including schools and universities, is respected.334 Article 4(3) of the Declaration on Minorities provides 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”.335 To fully realise minority rights and to give children the chance to integrate into their community and to develop a sense of belonging, children should, where possible, be given the opportunity to gain initial literacy in their mother tongue. As far as adequate resources are available, State-funded institutions should fulfil the task, subject to there being no significant practical impediments (such as the limited number of children in any institution wishing to be taught in that language).336 330 Jackson Preece Minority Rights – Between Diversity and Community (2005) at 115. Jackson Preece Minority Rights – Between Diversity and Community (2005) at 131. 332 Freedom of expression is guaranteed in article 13 of the CRC, although this provision does not explicitly address the issue of what language children should be able to express themselves freely in. 333 See article 5(1)(c) of the CADE and CESCR General Discussion: Right to education (articles 13 and 14 of the Convenant) 30 November 1998 at para 15. See also Permanent Court of International Justice Advisory Opinion No 26 Minority Schools in Albania PCIJ Ser. A./B., No, 64, 6 April 1935 at para 22. 334 See for example article 5 (c) of the CADE. 335 Declaration on Minorities adopted by General Assembly resolution 47/135, 18 December 1992. Similar provisions can be found in article 14 of the European Framework Convention for the Protection of National Minority. 336 We consider that requirements have moved on since the European Court of Human Rights ruled that the right to education (in article 2 of Protocol 1 to the European Convention on Human Rights) does not have the effect of guaranteeing to a child or to his or her parents the right to obtain instruction in a 331 116