The Declaration sets standards concerning the rights of indigenous people and represents one
of the most important developments in the promotion and protection of the basic rights and
fundamental freedoms of indigenous peoples.342
Although the Permanent Forum on
Indigenous Issues recognised that there is currently no right to state-funded education
conducted in a person’s mother tongue in any legally binding international instrument,343 it
published recommendations requiring education to be provided in the language of indigenous
minorities.344 States must lead the way and provide State-funded education in minority
languages, especially for indigenous people, wherever possible.
Religious dimension of the right to education
International instruments
Article 14 of the CRC states as follows:
1. States Parties shall respect the right of the child to freedom of thought,
conscience and religion.
2. States Parties shall respect the rights and duties of the parents and, when
applicable, legal guardians, to provide direction to the child in the exercise of
his or her right in a manner consistent with the evolving capacities of the
child.
3. 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 moral, or the fundamental rights and freedoms of others.
Thus, the CRC recognises not only the child’s freedom of religion but also the parent’s right
to provide direction to their children. Respect for the rights of parents and guardians is a
principle that resounds throughout the CRC.345 This is also confirmed in article 18(4) of the
ICCPR, article 13(3) of the ICESCR and article 12(4) of the ICRMW which directs States 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”.
342
OHCHR Fact Sheet No.9 (Rev.1) The Rights of Indigenous Peoples Introduction - Standard-setting.
Press Release HR/4749 (11 May 2004) Quality Education must Incorporate Indigenous Culture and
Knowledge at the Permanent Forum on Indigenous Issues 3rd session, 3rd and 4th meetings, “Panel
Discussion on Education – Forum Member Ms. Tove Skutnabb-Kangas”.
344
Permanent Forum on Indigenous Issues Report on the third session (10-21 May 2004) E/2004/43
and E/C.19/2004/23 at paras 17(e), 19(g), (i) and (o) and 20(d); article 19(i) calls for “developing
programmes based on the child’s mother tongue (first language) as a foundation for learning and
aiming at the maintenance and continued use of indigenous languages”.
343
118