Page 70 - Šolsko polje, XXXI, 2020, 3-4: Convention on the Rights of the Child: Educational Opportunities and Social Justice, eds. Zdenko Kodelja and Urška Štremfel
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šolsko polje, letnik xxxi, številka 3–4

be construed, so as to interfere with the liberty of individuals and bodies
to establish and direct educational institutions’ (29.2).

A detailed review of fulfilling the obligations arising from these two
and other articles, if they have consequences for education, would be too
extensive for the limited length of this paper. A quick review of the ar-
ticles could create an impression that Slovenia respects the rights of the
child to a great extent; however the review of reports on fulfilling the
Convention shows that this is a process where the answer to the question
as to whether the Convention is being put into effect is not a simple ‘yes’
or ‘no’ in certain fields. It is also not about a comparison with other coun-
tries, but more about a process of following trends in certain fields gradu-
ally, and about the improvement of conditions, which takes a lot of time,
effort and means. Hence this paper is focused on just those few moments
where the Convention calls for more intervention.

The first moment shall be related to a question which is in a way very
paradigmatic, and linked to the rights of the child, namely to the question
of protecting the rights of minorities. The second one shall be related to
a question which is sometimes not even perceived as a question from the
rights of the child’s perspective; or can its exposure be dealt with as some-
how problematic, as it can lead to the violation or at least limiting the no-
tion of the rights of the child, namely the question of the quality of knowl-
edge. The third issue is the issue where the biggest legislative changes have
occurred since the adoption of the Convention by Slovenia; but it is at the
same time also a topic where the rights of the child and human rights are
often invoked, although the referencing can be somehow misleading from
time to time.

The Education of Roma Children (and Other Minority Groups)

Our starting point will be upon the emphasis of the ‘respect for the child’s
parents, his or her own cultural identity, language and values, for the na-
tional values of the country in which the child is living, the country from
which he or she may originate, and for civilizations different from his or
her own’ (29.1.c). We have chosen this emphasis since Slovenian rapports
regarding the implementation of the Convention on the Rights of the
Child, assigned in Article 48, most often focus on the issue of the edu-
cation of Roma children. The Combined Third and Fourth Report of the
Republic of Slovenia on the implementation of the Convention from 2010
thus states, numerous measures regarding the improvement of Roma chil-
dren’s right to education, including the ban to form classes with Roma pu-
pils only; standardisation of Roma language as a basis for teaching Roma

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