(xii) the nature and scope of the obligation to respect parents and legal guardians’ freedom of choice of educational institution and educational program. Summary • Children (subject to their age and maturity), their parents and legal guardians have the right to choose education which accords with their own beliefs and convictions. • This choice is subject to the obligation to promote the best interests of the child. • States must respect the freedom of individuals to provide religious or linguistic instruction in schools established by members of that religion or culture. • Parents, legal guardians and children (subject to their age and ability) should be able to choose between specialised or mainstream schools for children with disabilities or special learning needs. Discussion International human rights instruments affirm that parents and legal guardians have the right to choose educational programmes, institutions or services for their children which accord with their own beliefs and convictions.428 Further, States must assure that children who are capable of forming their own views have the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.429 However, in reality, in many countries there is limited or no opportunity for education of one’s choice: either there is only State-controlled education, or in a mixed system, private education is too expensive for parents.430 Also, in general, rural areas and poorer areas tend to have fewer educational institutions, programmes and services available, which limits choices further. 428 See UDHR, article 26(3); ICESCR, article 13(3); CADE, article 5(1)(b) and (c). Article 12(1) of the CRC. The Children’s Committee confirmed that this article applies to the right to education: see Children’s Committee General Comment No. 1: The Aims of Education CRC/GC/2001/1 17 April 2001 at paras 6 – 7. 430 Coomans “In Search of the Core Content of the Right to Education” in Chapman and Russel (eds) Core Obligations: Building a Framework for Economic, Social and Cultural Rights (2002) 217 at 229 - 230. 429 136