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