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100 and 1 Terms for Human Rights Education

100 et 1 mots

68. Non-discrimination

The principle of non-discrimination was described in Article 2 of the Universal Declaration of Human Rights : “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. It is the direct result of the principle of equality stated in Article 1 : “All human beings are born free and equal in dignity and rights”. This principle was quoted identically in two covenants : Article 2.2 of the International Covenant on Economic, Social and Cultural Rights and Article 2.1 of the International Covenant on Civil and Political Rights. Other treaties put in place measures to fight against specific discrimination : racial discrimination and against women, for example, or the ILO convention against discrimination in work. It is not without cause that the Human Rights Committee remarked that “non-discrimination is a basic principle of human rights protection…” (General Comment 1, Non-discrimination, 37th Session, 1989).

In the field of education, and in addition to the documents mentioned above, non-discrimination has been the subject of a specific treaty, adopted by UNESCO on 14 December 1960, known as the Convention against Discrimination in Education. According to this Convention, it is prohibited to deprive any person or group of persons from access to education, to limit any person or a group of persons to education of an inferior level, or to inflict on any person or group of persons a condition incompatible with human dignity because of criteria based on race, color, sex, language, religion, political or any other opinion, national or social origin, economic or birth condition. This prohibition concerns all types and levels of education. It does not only concern access to education, but also its level, quality and the conditions in which education is provided. Finally, it also concerns the preparation of individuals for the teaching profession.

On the other hand, certain situations are not considered as discriminatory. It is permitted to establish and run separate educational facilities for pupils of different sexes on the condition that they are treated equally (qualification of teachers, teaching premises, equipment, programs). In the same way, for linguistic or religious reasons, it is permitted to establish and run separate educational establishments on the condition that they are optional and that their programs conform to the prescribed norms. Establishment of private schools is not considered discriminatory on the condition that they do not exclude any group of persons and that their teaching programs are in conformity with the norms laid down by public authorities.

A Commission mandated to regulate disagreements that may arise as a result of the Convention’s application was created by a Protocol introduced by UNESCO on 10 December 1962.

*See : Committee on Economic, Social and Cultural Rights, Education, Education (Higher Education), Education (Primary Education), Education (Technical and Vocational), Equality, Free of Charge, Freedom of Education, General Comment, Human Rights, Interpretation, Universal, Universal Declaration of Human Rights.

69. Non-governmental Organization (NGO)

A non-governmental organization is an association that brings together individuals, groups or moral entities. Public entities can also be associated to non-governmental organizations. Unlike inter-governmental or international organizations that are created by inter-State arrangements or by agreements concluded by inter-governmental organizations, non-governmental organizations are created by an agreement among private entities or individuals.

Added to this condition are other criteria : that the organization is non-profit making, i.e., it is not intended to generate revenue for its members, and that it should be international in scope, i.e., its members should originate from different nationalities and that its activity should not be confined to only one country.

Non-governmental organizations are often associated with organizations and bodies involved in human rights promotion and protection. As far as the United Nations is concerned, the conditions for such collaboration are regulated by a resolution issued by the Economic and Social Council in accordance with Article 71 of the United Nations Charter. For example, NGOs follow the sessions of the Human Rights Commission as observers. Similar statutes were adopted by other international organizations : UNESCO, ILO, Council of Europe and the OAU, etc.

*See : International Organization, United Nations Economic and Social Council.

70. Organization of African Unity (OAU)

PO Box 3243
Addis Abeba (Ethiopie)
Téléphone : (251 1) 51 7700
Télécopie : (251 1) 51 2622
E-mail : oau-cmc@telecom.net.et
Homepage : http://www.oau-oua.org

The Charter of the Organization of African Unity, signed in Addis Ababa (Ethiopia) on 25 May 1963 created the OAU. According to the preamble of the OAU Charter, States Parties reaffirm their adherence to the United Nations Charter and the Universal Declaration of Human Rights.

The Organization’s objectives are the following :
• to promote the unity and solidarity of African States ;
• to coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa ;
• to defend their sovereignty, territorial integrity and independence ;
• to eradicate all forms of colonialism from Africa ; and
• to promote international cooperation, having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights.
Its principal bodies are : the Assembly of Heads of State and Government, the Council of Ministers, the General Secretariat and the Commission of Mediation, Conciliation and Arbitration. It has issued the African Charter on Human and Peoples’ Rights, in which the Assembly of Heads of State and Government played an important role.
Note that on 26 may 2001, the Constitutive Act of a new entity, the African Union (AU), entered into force. The OAU is responsible for taking the appropriate steps to ensure the transition to the AU of its
prerogatives, assets, rights and obligations.

*See : African Charter on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights, African Court of Human and Peoples’ Rights.

71. Organisation des Etats américains (OEA)

17th Street and Constitution Avenue, NW
20006 Washington DC (USA)
Tel : (1 202) 458 3000
Fax : (1 202) 458 3967
E-mail : pimultimedia@oas.org
Homepage : http://www.oas.org

This is a regional organization that groups the States of the American continents. Its Constitution was built in stages : Bogota, Colombia (1948), Buenos Aires, Argentina (1967) and Cartagena, Colombia (1985). It has a number of bodies : the General Assembly plus a number of councils, including the Inter-American Council on Education, Science and Culture. It is within the framework of this organization that the American system for the promotion and protection of human rights was created with a Convention and its implementation mechanisms including the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.

*See : American Convention on Human Rights, Inter-American Commission on Human Rights, Inter-American Court of Human Rights.

72. Party

73. Peoples’ Rights

The expression “peoples’ rights” refers to certain prerogatives to which groups of citizens are entitled and, therefore, can only be exercised by them. The first prerogative is the right to self-determination, as stated in Article 1 of the International Covenant on Economic, Social and Cultural Rights and also Article 1 of the International Covenant on Civil and Political Rights. The African Charter on Human and Peoples’ Rights dedicates certain provisions to these rights from Article 19 on.

*See : African Charter on Human and Peoples’ Rights.

74. Petition

Strictly speaking, a petition is a request or a complaint. This is the term chosen by the American Convention on Human Rights to designate appeals introduced by individuals, groups or non-governmental organizations before the Inter-American Commission on Human Rights. For appeals by States Parties, the Convention uses the term communication.

*See : American Convention on Human Rights, Appeal, Communication, Complaint, Reclamation, Request.

75. Protocol

A protocol is an international agreement, frequently used to indicate a legally-binding instrument complementary to its mother treaty. This is the case, for example, of the two Additional Protocols adopted to complement the International Covenant on Civil and Political Rights, or the numerous Protocols adopted to complement the European Convention on Human Rights, or the complementary documents to the American Convention on Human Rights. As a general rule, the ratification of a protocol presupposes the ratification of the Covenant or Convention to which it is complementary.

*See : Charter, Convention, Covenant, Treaty.