United in what Diversity? Right to Education of Aliens and Minorities in Europe: Legal and Judicial Challenges in the Protection Systems of the EU and the Council of Europe
Author(s)
Date Issued
2021
Type
bookPart
Start Page
155
End Page
181
Abstract
Europe is extremely rich when it comes to its vast variety of cultural and linguistic features, which mark the history of European societies and peoples. Such a cultural patrimony, however, is confronted with a number of challenges, particularly with regard to education, which represents the indispensable tool that enables the preservation of cultural and linguistic diversity, and its transmission to future generations. The enjoyment of educational rights is especially problematic for some categories of individuals, such as minorities, discriminated ethnic groups, aliens and migrants, who depend on education as an essential component of the right to participate in the cultural life of a Country and as a significant tool for integration. This chapter addresses the right to education by aliens and minorities in Europe, by examining the relevant legal-institutional frameworks of the EU and the Council of Europe. A variety of legal and policy tools are examined, including ad hoc Conventions for the protection of educational and linguistic rights, the European Convention on Human Rights and its related case-law, as well as instruments and initiatives elaborated within the EU, like in the framework of its enlargement policy.