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Section II, Article 13

Patrick Thornberry

From: The Rights of Minorities: A Commentary on the European Framework Convention for the Protection of National Minorities

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 April 2024

Indigenous peoples — Minorities — Right to education — Right to language — Human rights remedies

This chapter comments on Article 13 of the Framework Convention for the Protection of National Minorities (FCNM). Article 13 is a contemporary expression of the freedom of minorities to establish their own educational institutions as an alternative or supplement to public provision. The right coheres with the general right recognized in ‘undifferentiated’ human rights instruments to establish private institutions for specific purposes, including the furtherance, in the terminology of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), of education according to one's ‘religious and philosophical convictions’. While there is an element of ‘separatism’ in all this, the element of freedom to choose is the essence of the right: this is an exercise in minority rights and not an exercise in state creation of segregated systems of education.

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