Discrimination

18 Discrimination in Turkey’s Education System
to present their comments and advice. 39 The HRC
also points out the need for states to consult all interested
parties when developing religion lessons. 40
Furthermore, the Toledo Guiding Principles draw
attention to the qualifications of teachers providing
instruction on religions and state that the training
of teachers should be carried out according to the
principles of democracy and human rights and
should take an approach that observes the cultural
and religious diversity of society. 41 The Guiding
Principles also underline the need for teachers providing
instruction on religion to receive training
that enables them to develop the necessary attitude
and skills to offer education on religions and beliefs
in a way that is fair and balanced. 42
iv. Pluralism in the curriculum and textbooks
Just as the aim of a country’s education system
and the content of curricula and textbooks can
promote differences and contribute to the development
of respect for different identities, it can also
play a role in intensifying prejudices and hostilities
in society. Some international agreements stipulate
that education systems should aim to strengthen
respect for human rights and fundamental freedoms,
and be used to develop understanding and
tolerance between different ethnic, linguistic and
religious groups. 43 The CESCR states that curricula
should be developed in line with these objectives.
44 The UN Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and
Linguistic Minorities (UNDM) declares that states
should take measures within the education system
to encourage minorities to learn about their history,
language, traditions and culture. 45 The Hague Recommendations
call on states to prepare the general
compulsory curriculum in a way that includes the
teaching of the history, culture and traditions of
national minorities 46 and to ensure that curriculum
content is developed with the active participation
of bodies representing the minorities in question. 47
The Advisory Committee on the FCNM points out
the need to eliminate stereotypes and prejudices in
history textbooks, and to encourage critical thinking
in regards to the subject of history. 48
B. PROHIBITION OF DISCRIMINATION
The prohibition of discrimination is one of the
most important principles laid out in international
law. For this reason, all international human rights
agreements stipulate that states cannot discriminate
on various grounds in the enjoyment of rights.
Many international agreements of which Turkey is
a party include such stipulations, 49 and some of
these specifically prohibit discrimination in the enjoyment
of the right to education alongside that of
other rights.
Documents which stipulate the broadest protection
on the subject of the prohibition of discrimination
can be found in EU legislation. Directives
adopted by the Council of the EU contain detailed
regulations on issues such as forms of discrimination,
the scope of prohibition and the burden of
proof. Of these directives, the Racial Equality Directive
prohibits discrimination in the field of education
as well as in other areas. 50
Discrimination can be perpetrated in various
ways:
39 Guiding principle 8.
40 Concluding Observations of the Human Rights
Committee: Greece, 25 April 2005, UN Doc. CCPR/
CO/83/GRC, paragraph 14/b.
41 Guiding principle 9.
42 Guiding principle 6. See also: Recommendation
1720 (2005) adopted by the Parliamentary
Assembly on 4 October 2005, paragraph 14.5.
43 Article 29(d) of the CRC; article 26/2 of the UDHR;
article 13/1 of the ICESCR; article 5/1(a) of the
UNESCO Convention.
44 CESCR General Comment No. 13, paragraph 49.
45 Declared through United Nations General
Assembly resolution no. 47/135 of 20 December
1993. Article 4/4.
46 Hague Recommendations, Recommendation No. 19.
47 Hague Recommendations, recommendation no. 20.
48 Commentary on Education under the FCNM,
adopted 2 March 2006.
49 Examples include ICCPR article 26, ECHR article
14, CRC article 2, and ICESCR article 2.
50 Council Directive 2000/43/EC of 29 June 2000
implementing the principle of equal treatment
between persons irrespective of racial or ethnic
origin.