The principle of the best interests of the child potentially could conflict with parental rights to choose education for their children.431 Although parents have freedom over their choice of education for their children, this guarantee is not absolute. Due to the “best interests” principle and the requirement for basic levels of education to be compulsory and free, the State must ensure that parents’ choices do not exclude children from enjoying their right to education. Thus, freedom of choice must be subject to the obligation to promote the best interests of the child, including ensuring a proper quality of education and the meeting of minimum education standards.432 In the case of a conflict between parental choice and the best interests of the child, the latter prevail. This is because the rationale behind parental choice is not to legitimise their denial of their children’s right to education; rather, choice prevents State monopoly over education and protects pluralism.433 States must respect the freedom of individuals to provide religious instruction in schools established by members of that religion.434 States also have an obligation to respect the right of members of a particular language group to establish a school and to use their language in that school.435 Of course, education in such schools must be directed to the dual aims of education and must conform to minimum educational standards. 431 See term of reference (i) for a discussion on the best interests of the child. See CRC, articles 3 and 29(2); ICESCR article 13(3); CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 6(c). 433 Report of the Special Rapporteur on the right to education E/CN.4/2003/9 21 January 2003 at para 17. 434 ICESCR, article 13(3); ICCPR, article 18(4); CADE, article 5(1)(b). See term of reference (viii) for a discussion of the obligation of States to respect religious practices within educational institutions. 435 CADE, article 5(1)(c). See term of reference (viii) for a discussion of the obligation of States to respect cultural practices within educational institutions. 432 137