Children who have been taught in their mother tongue must receive the opportunity to make a successful transition to the national or official language of the State but, where practicable, they should still have the opportunity to continue to learn their mother tongue.337 Indigenous peoples Often priority is given to languages that are traditionally used within the territory of a State rather than to the imported languages of immigrants. Article 30 of the CRC does not differentiate between the rights of different minorities: 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. It has, however, been accepted that communities of indigenous people form a specific category of minorities due to their special relationship with their traditional territory.338 Although the basic right of access to education is guaranteed for migrant workers, their families and refugees,339 indigenous minorities have special needs.340 The UN Declaration on the Rights of Indigenous Peoples provides that:341 1. Indigenous peoples have 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. … 3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language. language of his or her choice. See the case “Relating to certain aspects of the laws on the use of languages in education in Belgium” v Belgium (Merits) ECHR Series A vol. 6 (1968) 31. 337 European Community Council Resolution of 30 November 1998 point 5. 338 See for example and for further references Shaw, International Law (2003) at 277. 339 Article 30 of the ICRMW confers on the children of migrant workers a “basic right of access to education on the basis of equality of treatment with nationals.” Similarly, article 22(1) of the Convention relating to the Status of Refugees advises the States to “accord to refugees the same treatment as [they accord] to nationals with respect to elementary education”. See term of reference (vi) for a discussion of these Conventions. 340 In this regard, a United Nations Permanent Forum on Indigenous Issues has been established, which reports to the United Nation’s Economic and Social Council. Also, the first International Decade of the World’s Indigenous People “Indigenous people: partnership in action” (1995-2004) was proclaimed with the main objective of strengthening international co-operation to provide solutions to problems faced by indigenous peoples in areas such as education. 341 United Nations Declaration on the Rights of Indigenous Peoples, adopted by the Human Rights Council on 29 June 2006 article 14. 117

اختر الفقرة المستهدفة3