Convention Against Discrimination in Education

There is an additional Protocol Instituting a Conciliation and Good Offices Commission, which was adopted on 10 December 1962 and entered into force on 24 October 1968 in signatory States. As of October 2019, the Protocol has 37 members (including Vietnam; post-unification Vietnam has not expressed a position on whether it succeeds pre-unification South Vietnam as a member of the Protocol).

This Convention is also referred to in the Preamble of International Convention on the Elimination of All Forms of Racial Discrimination and UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Contents

Article 1 defines "discrimination" as any distinction, exclusion, limitation or preference on the basis of race, color, sex, language, religion, political or other opinion, origin national or social status, economic status or birth.

However, the article indicates a number of situations which are not to be considered to constitute discrimination. This includes the creation or maintenance of separate educational systems or establishments for pupils of both sexes, when they have easy access to education:

• establishment or maintenance on religious or linguistic grounds, and
• the establishment or maintenance of private educational institutions, if the purpose of such institutions is not to ensure exclusion of any group but to add to the educational opportunities offered by the public authorities.

Article 3 requires States to eliminate and prevent discrimination and Article 5 affirms respect for the freedom of parents in the choice of private schools, and for national minorities to have the right to engage in educational activities of their own and the employment or teaching of their own language.

Article 9 prohibits any reservation to the Convention.