On the ratification of the Convention on Combating Discrimination in Education

Home / RLA / On the ratification of the Convention on Combating Discrimination in Education

The Law of the Republic of Kazakhstan dated January 28, 2016 No. 449-V SAM

To ratify The Convention against Discrimination in Education, adopted in Paris at the 11th session of the General Conference of the United Nations Educational, Scientific and Cultural Organization on December 14, 1960.

President of the Republic of Kazakhstan N. NAZARBAYEV

Convention against Discrimination in Education

Entered into force on July 16, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 5, Article 84

The General Conference of the United Nations Educational, Scientific and Cultural Organization, which met in Paris for its eleventh session from November 14 to December 15, 1960, Recalling that the Universal Declaration of Human Rights affirms the principle of non-discrimination and proclaims the right of everyone to education, Whereas discrimination in the field of education is a violation of the rights set forth in this declaration, Whereas, by virtue of its Charter, the United Nations Educational Organization, Science and culture strives to establish cooperation between nations in order to ensure universal respect for human rights and equal access to education for all, Recognizing, therefore, that the United Nations Educational, Scientific and Cultural Organization, based on the diversity of educational systems adopted in individual countries, should not only eliminate all discrimination in education, but also promote universal equality of opportunity and equal treatment for all in this field, After receiving offers, concerning various aspects of discrimination in the field of education, i.e. the issue included in item 17.1.4 of the agenda of the session, Bearing in mind the decision taken at the tenth session that this issue will be the subject of an international convention, as well as recommendations to Member States, Adopts this Convention on December fourteenth, 1960:

Article 1

1. For the purposes of this Convention, the term "discrimination" covers any distinction, exclusion, restriction or preference based on race, skin color, sex, language, religion, political or other beliefs, national or social origin, economic status or birth that has the purpose or effect of destroying or violating equality of treatment in the field of education, and in particular in particular: but. the exclusion of any person or group of persons from access to education of any level or type; b. restriction of education for any person or group of persons with a lower level of education; c. creation or maintenance of separate education systems or educational institutions for any person or group of persons, except in cases provided for by the regulation Article 2 of this Convention: d. A position incompatible with human dignity in which a person or group of persons is placed. 2. In this Convention, the word "education" refers to all types and stages of education and includes access to education, the level and quality of education, as well as the conditions in which it is conducted.

Article 2

The following provisions are not considered discrimination in terms of Article 1 of this Convention, if they allow in individual States: a. the establishment or maintenance of separate education systems or educational institutions for students of different sexes in cases where these systems or institutions provide equal access to education, when their teaching staff has the same qualifications, when they have facilities and equipment of equal quality and allow for the same curricula; b. the establishment or maintenance of separate educational systems or educational institutions for religious or linguistic reasons, providing education appropriate to the choice of parents or legal guardians of students, in cases where inclusion in these systems or admission to these institutions is voluntary and if the education provided by them complies with standards prescribed or approved by the competent educational authorities, in particular in relation to education at the same level; c. the establishment or maintenance of private educational institutions in cases where their purpose is not to exclude any group, but only to complement the educational opportunities provided by the State, provided that their activities really meet the above-mentioned purpose and that the education they provide complies with the standards prescribed or approved by the competent educational authorities, in particular with regard to standards of education of the same level.

Article 3

In order to eliminate or prevent discrimination falling within the definition given in this Convention, the States that are parties to the latter undertake: but. Repeal all legislative resolutions and administrative orders and end administrative practices of a discriminatory nature in the field of education; b. take, if necessary, legislative measures necessary to eliminate any discrimination in the admission of students to educational institutions; c. with regard to tuition fees, scholarships, and any other assistance to students, as well as permits and benefits that may be necessary to continue their education abroad, there should be no differences in the attitude of government authorities towards students who are citizens of a given country, other than differences based on their success or needs; d. In cases where government agencies provide educational institutions with certain types of assistance, they should not allow any preferences or restrictions based solely on students belonging to a particular group; e. provide foreign citizens living in their territory with the same access to education as their own citizens.

Article 4

The States Parties to this Convention undertake, in addition, to formulate, develop and implement national policies using methods appropriate to national circumstances and customs for the realization of equality of opportunity and treatment in the field of education, and in particular: but. to make primary education compulsory and free; to make secondary education in its various forms universally available and accessible to all; to make higher education accessible to all on the basis of full equality and depending on the abilities of each; to ensure compliance with the compulsory education provided for by law; b. to ensure the same level of education and equal conditions for the quality of education in all public educational institutions at the same level; c. to encourage and develop appropriate educational methods for persons who have not received or completed primary education, and to continue their education in accordance with the abilities of each; d. provide non-discriminatory training for the teaching profession.

Article 5

1. The States that are Parties to this Convention consider that: a. Education should be aimed at the full development of the human personality and at greater respect for human rights and fundamental freedoms; it should promote understanding, tolerance and friendship among all peoples and all racial or religious groups, as well as the development of United Nations peacekeeping activities; b. Parents and, where appropriate, legal guardians should be able, firstly, within the framework defined by the legislation of each State, to freely send their children to other educational institutions that meet the minimum requirements prescribed or approved by the competent educational authorities, and, secondly, to ensure religious and moral education. education of children in accordance with their own beliefs; no one individually or any group of people, taken as a whole, should be given religious education that is incompatible with their beliefs; c. Persons belonging to national minorities should have the right to conduct their own educational work, including school management, and, in accordance with the education policy of each State, to use or teach their own language, provided, however, that: (i) the exercise of this right does not prevent persons belonging to minorities from understanding the culture and language of the entire collective and participating in its activities, and that it does not undermine the sovereignty of the country; (ii) the level of education in such schools is not lower than the general level prescribed or approved by the competent authorities; and (iii) attendance at such schools is optional. 2. The States Parties to this Convention undertake to take all necessary measures to ensure the application of the principles set out in paragraph 1 of this article.

Article 6

In applying this Convention, the States parties undertake to take into account, to the greatest extent possible, the recommendations that the General Conference of the United Nations Educational, Scientific and Cultural Organization may adopt in order to identify measures to combat various aspects of discrimination in education and measures to ensure equality of opportunity and treatment in this field.

Article 7

The States Parties to this Convention shall report, in the periodic reports they will submit to the General Conference of the United Nations Educational, Scientific and Cultural Organization, on the dates and in the form to be determined by the Conference, on the legislative, administrative and other measures they have taken to implement this Convention, in particular on the elaboration of and the development of the national policy referred to in Article 4, the results achieved and the obstacles encountered in the implementation of this policy.

Article 8

If differences arise between two or more States that are parties to this Convention regarding its interpretation or application, and if these differences are not resolved through negotiations, they will be referred, at the request of the parties, to the International Court of Justice for adjudication if there are no other means of resolving the differences.

Article 9

No reservations to this Convention are permitted.

Article 10

This Convention does not infringe on the rights that individuals or groups may enjoy by virtue of agreements concluded between two or more States, provided that these rights do not conflict with the letter or spirit of the Convention.

Article 11

This Convention has been drawn up in English, French, Russian and Spanish, all four texts being equally authentic.

Article 12

1. This Convention is subject to ratification or acceptance by the Member States of the United Nations Educational, Scientific and Cultural Organization in accordance with the procedure provided for by their constitutions. 2. Instruments of ratification or acceptance shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Article 13

1. Any State that is not a member of the United Nations Educational, Scientific and Cultural Organization may accede to this Convention if it receives an invitation from the Executive Board to accede to it. 2. Accession takes place by depositing an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Article 14

This Convention shall enter into force three months after the date of deposit of the third instrument of ratification, acceptance or accession, but only in respect of those States that have deposited their instruments of ratification, acceptance or accession on or before that date. In respect of any other State, the Convention enters into force three months after it has deposited its instrument of ratification, acceptance or accession.

Article 15

The States that are Parties to this Convention recognize that its effect extends not only to the territories of their mother country, but also to all Non-Self-Governing, Trust, colonial and other Territories for whose foreign relations they are responsible.; They undertake to consult, if necessary, with the Governments or the competent authorities of the designated Territories at the time of ratification, acceptance or accession, or even earlier, in order to ensure the implementation of the Convention in those Territories, as well as to notify the Director General of the United Nations Educational, Scientific and Cultural Organization of the Territories in which the Convention will be implemented. This notification takes effect three months after its receipt.

Article 16

1. Any State Party to this Convention may denounce it on its own behalf or on behalf of any Territory for whose foreign relations it is responsible. 2. Denunciation is notified by a written act, which is submitted to the Director-General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation takes effect twelve months after the receipt of the act of denunciation.

Article 17

The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the Member States of the Organization, the non-member States of the Organization referred to in article 13, as well as the United Nations of the deposit of all instruments of ratification, acceptance or accession referred to in articles 12 and 13, as well as notifications and the denunciations referred to in articles 15 and 16.

Article 18

1. This Convention may be revised by the General Conference of the United Nations Educational, Scientific and Cultural Organization. However, its revised text will only bind those States that become parties to the revised Convention. 2. In the event that the General Conference adopts a new Convention as a result of a complete or partial revision of this Convention and if the new Convention does not contain other indications, this Convention will be closed for ratification, acceptance or accession from the date of entry into force of the new Convention containing the revised text.

Article 19

In accordance with Article 102 of the Charter of the United Nations, this Convention will be registered with the United Nations Secretariat at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Done at Paris, this fifteenth day of December 1960, in two authentic copies signed by the President of the General Conference meeting at its eleventh session and the Director-General of the United Nations Educational, Scientific and Cultural Organization; these copies will be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and duly certified Copies of them will be sent to all States referred to in articles 12 and 13, as well as to the United Nations. The above text is the original text of the Convention, duly adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization at its eleventh session, held in Paris and ending on December 15th, 1960.

IN WITNESS WHEREOF, this Convention was signed this fifteenth of December 1960.

Chairman of the General Conference

General manager

RCPI's note! The text of the Convention in English, French and Spanish is attached.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases