Regulation of Education in Belgium and Switzerland
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REGULATION OF EDUCATION IN
BELGIUM AND
SWITZERLAND
Legal Memorandum
August 2013
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REGULATION OF EDUCATION IN BELGIUM AND SWITZERLAND
Executive Summary
The purpose of this memorandum is to analyze the state and regionalregulation of education in Belgium and Switzerland.
The Belgian Constitution grants the Communities a significant degree of
autonomy with regard to the regulation of education. The Constitution provides
for a fundamental right to education, which the state guarantees by setting a
minimum number of years for compulsory education, establishing minimumstandards that all schools must meet, and granting status to minority language
schools. The details of regulation, however, are largely left to the
Communities. Thus, there are effectively three separate education systems inBelgium, belonging to the Flemish Community, the French Community, and the
German Community. Municipalities around the bilingual Brussels-Capital
Region and those located along the linguistic border are granted more flexibilityto accommodate linguistic minorities and, as such, are referred to as special
status municipalities. There is no overarching body charged with representing
the Communities before the state government in the area of education, or with
ensuring uniformity and consistency in the quality of education.
Similarly, in Switzerland, the State Constitution delegates almost all
regulation of education to the local level. The twenty-six cantons enjoy a highdegree of autonomy in administering the educational system. However, in
contrast to Belgium, there is a significant degree of coordination among
cantonal ministers in the interest of consistency and quality of education. TheSwiss Conference of Cantonal Ministers of Education seeks to harmonize
education among the cantons, and the 1970 Intercantonal Agreement on
Education Coordination provides the legal basis for collaboration between the
cantons.
Swiss cantons may also enter into legally binding intercantonalagreements. The Swiss Conference of Cantonal Ministers of Education
enforces these agreements and has the authority to issue decrees to implement
them. In 2006, the Swiss electorate and all of the cantons accepted
constitutional amendments on education. The amendments reinforce the
distribution of power between the state and cantonal governments, and requireharmonization of education between cantons.
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TABLE OF CONTENTS
Statement of Purpose 1
Introduction 1
Belgium 1State Level 2
Powers Over Education 2
Constitutional Protections 4Community Level 5
The Flemish Community 5
The French Community 7The German Community 7
Special Status Municipalities 9
Switzerland 10State Level 11
Powers Over Education 11
Constitutional Protection 12
Role of the Courts 13Cantonal Level 14
Powers Over Education 15Language 15
Intercantonal Cooperation 16
Swiss Conference of Cantonal Ministers of Education 17Harmonization Agreement 18
Conclusion 19
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REGULATION OF EDUCATION IN BELGIUM AND SWITZERLAND
Statement of Purpose
The purpose of this memorandum is to analyze the state and regionalregulation of education in Belgium and Switzerland.
Introduction
In states with distinct linguistic and ethnic communities, education is often a
significant and potentially contentious issue. In recognition of the states diversity,the regulation of education is often devolved from the state to the local level.
Decentralization and local regulation allow for communities to tailor their
education needs according to their linguistic and ethnic differences. Both Belgiumand Switzerland decentralized education in order to accommodate diverse
linguistic and ethnic populations. In Belgium, this resulted in the formation of
three separate educational systems one for each Community with very littlestate-level regulation. In contrast, while Switzerland also decentralized education,
the Swiss cantons chose to coordinate their efforts to promote consistency and
quality in the educational system.
Belgium
The Constitution of Belgium confers responsibility for the regulation ofeducation to the Communities.
1 To maintain some level of consistency between
the systems, the Constitution stipulates that the government shall determine the
ages for compulsory school attendance and the minimum standards for grantingdiplomas.
2
A series of state reforms further decentralized the regulation of education,
and there are now three separate education systems with distinct characteristics in
Belgium Flemish (Dutch), French, and Germanreflecting the division between
the three linguistic Communities.3 Each of these Communities provides a limitedright to education in other languages (usually French or Dutch), with expanded
1BELGIUMCONST.art. 127 1(2) and 130 1(3) (January 2009), available athttp://www.const-
court.be/en/basic_text/basic_text_constitution.html.2BELGIUMCONST.art. 127 1(2) (January 2009).
3Florian Geyer, The Educational System in Belgium: CEPS Special Report, CENTRE FOR EUROPEAN POLICY
STUDIES,1(Sept. 2009), available at http://aei.pitt.edu/14575/.
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rights to education in a non-majority language in the municipalities near the borderand the Brussels-Capital Region.
4
State Level
In decentralizing education to the Communities, the state government
minimized its role in education to protecting the rights to education enshrined in
the constitution. The Belgian Constitution guarantees the right to education and
protects the freedom of education.5 These constitutional protections have been
further supplemented by state legislation. The 1959 School Pact resolved a great
divide in Belgium between Catholics and non-Catholics, granting the parents ofschool-age children the legal right to choose between a confessional (Catholic)
education and a non-confessional or neutral education.6 By contrast, there is no
explicit right to education in a minority language. The Act Relating to theRegulation of Language in Education of 30 July 1963 (Linguistic Law) stipulates
that the language of education for each Community is that of the Community,7
although the law calls for accommodations for minority language speakers inspecial status municipalities along the language boundary and in the periphery of
the Brussels-Capital Region.8
Powers over Education
The devolution of education originated in 1988, following a vote inBelgiums parliament to amend the Belgian Constitution and transfer educational
matters from the state government to the Communities.9 The Belgian stategovernment now has minimal power over education, as the Constitution confers
responsibility for the regulation of education to the Communities.10
However, in
order to maintain some level of consistency between the three systems, theConstitution stipulates that the state government determines the beginning and the
end of compulsory school attendance, in addition to the minimum standards for
granting diplomas.11
Accordingly, in 1983, the state government extended the
4Loi du 30 Juillet 1963 Concernant le Rgime Linguistique dans lEnseignement arts 4-8 (Belgium, 1963),
available in French at http://www.tlfq.ulaval.ca/axl/europe/belgiqueetat-loi63.htm.5BELGIUMCONST.art. 24 (January 2009).6Els Witte, Jan Craeybeckx, and Alain Meynen, POLITICAL HISTORY OF BELGIUM:FROM 1830ONWARDS,255
(2010).7World Data on Education,Belgium (Flemish Community) (August 2007) available at http://ddp-
ext.worldbank.org/EdStats/BELwde07a.pdf.8Loi du 30 Juillet 1963 Concernant le Rgime Linguistique dans lEnseignement art. 6 (Belgium, 1963), available
in French at http://www.tlfq.ulaval.ca/axl/europe/belgiqueetat-loi63.htm.9Jan Erk, EXPLAINING FEDERALISM:STATE,SOCIETY,AND CONGRUENCE IN AUSTRIA,BELGIUM,CANADA,
GERMANY,AND SWITZERLAND,36(2008).10
BELGIUMCONST.art. 127 1(2) (January 2009).11
BELGIUMCONST.art. 127 1(2) (January 2009).
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compulsory attendance requirement to cover ages six to eighteen across allCommunities.
12 Compulsory education is free for all European nationals, and
Non-European Union nationals are required to pay a special registration fee.13
The state government also regulates the use of minority languages inpreschool and primary schools, and establishes the obligation of the Communities
to support those schools. Pursuant to Article 6 of the 1963 Linguistic Law14
and
Article 3 of the Royal Decree of 14 March 1960, preschools and primary schools in
a Community or special status municipality may be organized in a national
language that is a minority in that area under certain conditions.15
These
conditions include: (1) if at least sixteen heads of households residing in the samemunicipality make an official request for such a school; (2) if the language most
commonly used by the children to be provided with schooling is the considered
language; and (3) if there is no school providing education in that language withinfour kilometers.16
Two schools in Comines-Warenton and Mouscron special
status municipalities in the French Community teach in Flemish.17
Though the
Communities are responsible for financing such schools, the finances come from aspecial state fund, which is shared between Communities according to the number
of schools or students covered under the above legal arrangements.18
There are no
statutory provisions for secondary school education in a minority language.
Governance of minority-language schools is left in part to the Community inwhich the school is based. Dutch-speaking schools in the French Community are
inspected by Dutch language inspectors, and vice versa.19 The inspectors verifythat the schools are meeting the standards set by the respective parliaments.
20
12European Commission, Organisation of the Education System in the French Community of Belgium (2009/2010),
23, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-francesa.pdf.13
European Commission, Organisation of the Education System in the French Community of Belgium (2009/2010),
29, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-francesa.pdf.14Loi du 30 Juillet 1963 Concernant le Rgime Linguistique dans lEnseignementart. 6 (Belgium, 1963), available
in French at http://www.tlfq.ulaval.ca/axl/europe/belgiqueetat-loi63.htm.15
Arrt Royal Portant Application de l'Article 4 de la Loi du 29 Mai 1959 art. 3 (Belgium, 1959), available in
French at http://www.gallilex.cfwb.be/document/pdf/04892_000.pdf.16Loi du 30 Juillet 1963 Concernant le Rgime Linguistique dans lEnseignementart. 6 (Belgium, 1963), available
in French at http://www.tlfq.ulaval.ca/axl/europe/belgiqueetat-loi63.htm. See also Arrt Royal Portant Application
de l'Article 4 de la Loi du 29 Mai1959 art. 3 (Belgium, 1959), available in French at
http://www.gallilex.cfwb.be/document/pdf/04892_000.pdf.17
La Libre Belgique,La Wallonie aussi a ses coles facilities (Dec. 12, 2007), available in French at
http://www.lalibre.be/actu/belgique/la-wallonie-a-aussi-ses-ecoles-a-facilites-51b89748e4b0de6db9b12cfb.18
BELGIUMCONST.art. 127 1(2) (January 2009),19
Loi du 30 Juillet 1963 Concernant le Rgime Linguistique dans lEnseignementart. 5 (Belgium, 1963), available
in French at http://www.tlfq.ulaval.ca/axl/europe/belgiqueetat-loi63.htm.20
Loi du 30 Juillet 1963 Concernant le Rgime Linguistique dans lEnseignementart. 5 (Belgium, 1963), available
in French at http://www.tlfq.ulaval.ca/axl/europe/belgiqueetat-loi63.htm.
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Though the Flemish government issued a decree in 2009 that French-speakingschools in Flanders should be inspected by Flemish inspectors, the Belgian
Constitutional Court invalidated provisions of the decree in 2010 applicable to the
municipalities with language facilities around Brussels.21
In 2011, the Court
extended its decision to all Flemish municipalities with language facilities forFrench-speakers.
22 As such, French-language inspectors must inspect French
schools in all relevant Flemish municipalities.
Constitutional Protections
The Belgian Constitution guarantees the freedom of education and the right
to education.23
All naturalized or legal persons are entitled to establish schools, aswell as organizing bodies orschool boards.
24These institutions may conform to
confessional (Catholic) or non-confessional (non-Catholic) ethics, or to specific
pedagogical or educational principles.
25
Following passage of the School Pact in1959,26
parents of school-age children are entitled under the constitution to pick a
school for their children that reflects their philosophical, ideological, or religious
values.27
Furthermore, schools run by public authorities are required to remainneutral on religion, that is, they are required to offer parents the choice between
religious and non-denominational teaching for their children until they fulfill the
compulsory education requirement.28
All students attending compulsory education
are thus entitled to moral or religious education funded by the Community.29
Children can choose from a nondenominational morals course, or a Catholic,Islamic, Jewish, Orthodox, or Protestant religion course.
30 These guidelines reflect
the Belgian states neutral position on religion and objectives of ensuring freedomof worship and the development of religion.
31
21Arrt n 124/2010 du 28 Octobre 2010B.31 (Belgian Constitutional Court, 2010), available at
http://www.const-court.be/public/f/2010/2010-124f.pdf.22
Arrt n 57/2011 du 28 Avril 2011B.5 (Belgian Constitutional Court, 2011), available at http://www.const-
court.be/public/f/2011/2011-057f.pdf.23
BELGIUM CONST. art. 24 (January 2009).24
Natalie Verstraete,National Synopsis of the Education Systems and Current Reforms in Europe: Belgium
Flemish Community 2010 , FLEMISH MINISTRY OF EDUCATION AND TRAINING,3(Mar. 2010), available at
http://www.ond.vlaanderen.be/eurydice/downloads/Summary-Sheets_BE_NL_2009-2010-%20ENG_DEP.pdf.25
Natalie Verstraete,National Synopsis of the Education Systems and Current Reforms in Europe: Belgium
Flemish Community 2010 , 3, FLEMISH MINISTRY OF EDUCATION AND TRAINING (Mar. 2010), available at
http://www.ond.vlaanderen.be/eurydice/downloads/Summary-Sheets_BE_NL_2009-2010-%20ENG_DEP.pdf.26
Els Witte, Jan Craeybeckx, and Alain Meynen, POLITICAL HISTORY OF BELGIUM:FROM 1830ONWARDS,255
(2010).27
BELGIUMCONST.art. 24 (January 2009).28
BELGIUMCONST.art. 24 (January 2009).29
BELGIUM CONST. art. 24 (January 2009).30
European Commission, Organisation of the Education System in the French Community of Belgium (2009/2010),
14, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-francesa.pdf.31
European Studies on Religion & State Interaction, State and Church in Belgium(2007), available at
http://www.euresisnet.eu/Pages/ReligionAndState/BELGIUM.aspx.
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However, the constitution does not guarantee the right to education in ones
own language. Furthermore, in 1968 the European Court of Human Rights
confirmed that the right to education under Article 2 of Protocol 1 to the European
Convention on Human Rights (ECHR) does not require states to establisheducation of any particular type or level, and consequently that the ECHR does not
require states to hold instruction in a specific language.32
The case was initiated by
French-speaking residents of Dutch-speaking areas of Belgium who wanted their
children to be educated in French.33
As previously mentioned, under the 1963
Linguistic Law, the language of education in the Flemish Community is Dutch, in
the French Community is French, and in the Germany Community is German, withexceptions for minority language speakers in special status municipalities.
34 The
Courts decision confirmed that, under the ECHR, the Belgian Communities are
not required to provide instruction in minority languages, and particularly that theDutch-speaking areas in question were not required to provide instruction in
French. That being said, the Court did find that prohibiting French-speaking
residents of Dutch-speaking areas to attend French-speaking schools in aneighboring bilingual district constituted discrimination.
35
Community Level
Belgiums three linguistic Communities are primarily responsible for theregulation of education and have the freedom to tailor their curricula to their own
needs, in accordance with their linguistic and cultural differences.
The Flemish Community
In the Flemish Community, the official language of education is Dutch.36
Officially, there are no recognized minority languages in the Flemish
Community.37
However, schools provide opportunities for students to learn
French, particularly in schools in the Brussels-Capital Region, where French-
32
Belgian Linguistic Cases (1968) 1 EHRR 252-9, 269-285 (ECHR, 1968),summary available athttp://www.right-
to-education.org/node/650.33
Belgian Linguistic Cases (1968) 1 EHRR 252-9, 269-285 (ECHR, 1968),summary available athttp://www.right-
to-education.org/node/650.34
Loi du 30 Juillet 1963 Concernant le Rgime Linguistique dans lEnseignement (Belgium, 1963), available in
French at http://www.tlfq.ulaval.ca/axl/europe/belgiqueetat-loi63.htm.35
Belgian Linguistic Cases (1968) 1 EHRR 252-9, 269-285 (ECHR, 1968),summary available athttp://www.right-
to-education.org/node/650.36
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
19, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.37
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
19, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.
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speaking is prevalent.38
Primacy is given to French as a second language.39
Withregard to general curricula, schools are given discretion in much the same way that
the state gives Communities discretion. The Community sets minimum standards
for school curricula, and schools may devise the means to meet those standards.
As of September 1, 2010, first grade students in the Flemish Community
may begin primary education only if during the previous school year they
completed 220 half-days of instruction in the Dutch language or passed a language
proficiency test.40
Since 2004, French as a second language is taught as a
compulsory subject starting in the fifth grade, but in most schools there are no
classes taught in French for native speakers.41
Introductory classes in French maybe offered from the beginning of primary education (including preschool). This
applies to all of the Flemish Community, including the municipalities on the
language border and the ones in the Brussels-Capital Region.
42
In addition,introductory classes may be offered in another language, but language awareness
in French is the top priority.43
In the Brussels-Capital Region of Belgium, French instruction may be
provided from the first grade, and the individual schools are charged with
determining the number of classes in which French is the language of instruction.44
However, schools may grant priority in registration to native Dutch-speaking
students if the parents verify that Dutch is the language spoken at home with atleast one parent.
45
There are also language requirements for teachers in the Flemish
Community. As of September 1, 2009, in compliance with the Common European
Framework of Reference for Languages, prospective language teachers must reach
38European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
19, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.39
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
19, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.40
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
19, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.41
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
19, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.42
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
149, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.43
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
149, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.44
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
19, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.45
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
45, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.
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a certain level of linguistic proficiency before they can be appointed.46
Teacherswho are required to teach compulsory French as a second language (both in the
Flemish and Brussels-Capital Regions) must have reached a certain level of
proficiency; otherwise, they do not qualify for permanent positions. However,
schools may apply a temporary derogation from the proficiency requirements forup to three years for these teachers.
47 These rules also apply in the French-
speaking schools within the Flemish Region. The language requirements here not
only concern the knowledge of French, but also the knowledge of Dutch as a
second language.48
The French CommunityFrench is the language of education in the French Community. However,
similar to the Flemish Community, schools are given some flexibility in the way
they adopt and teach second languages, with primacy given to Dutch, especially inthe more mixed municipalities near the language border and the Brussels-Capital
Region. Though the predominant language of instruction is French, the
Government of the French Community may authorize the schools governing bodyto operate scheduled courses or activities in sign language or a modern language
other than French.49
Pursuant to the 1963 Linguistic Law, instruction in a second language is
mandatory beginning in the third grade in both the Brussels-Capital Region and inspecial status municipalities.
50 In both the Brussels-Capital Region and
municipalities on the language border, the second language is Dutch, whereas inthe other municipalities in the French Community, the second language may be
either Dutch or German.51
The German Community
Comprising only .7-percent of the Belgian population and 2.15-percent of
the population of the Walloon Region, the German Community, unlike the Flemish
46European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
344, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.47
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
344, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.48
European Commission, Organisation of the Education System in the Flemish Community of Belgium (2009/2010),
344, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-flamenga.pdf.49
Christiane Blondin, Structures of Education and Training Systems in Europe, 6, EUROPEAN COMMISSION (2009),
available at http://eacea.ec.europa.eu/education/eurydice/documents/eurybase/structures/041_BF_EN.pdf.50
Loi Concernant le Rgime Linguistique dans l'Enseignement(Belgium, 1963), available in French at
http://www.tlfq.ulaval.ca/axl/europe/belgiqueetat-loi63.htm.51
European Commission, Organisation of the Education System in the French Community of Belgium (2009/2010),
125, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-francesa.pdf.
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and French Communities, is unable to regulate in areas such as administration andeconomics.
52 It does, however, develop its own education policy and has its own
Ministry of Education, just as the other Communities do.53
As with the Flemish
and French Communities, the German Community has adopted its own educational
language guidelines, but these guidelines reflect the German Communitys statusas a minority language group relative to the other two.
German has been the official language in the German-speaking Community
since 1963.54
However, because Belgiums other two official languages, Dutch
and French, are more widely utilized, both languages, but especially French, have
an important role in education in the German-speaking Community.55
Instruction in French is permitted in a few French primary schools and
certain courses within German-speaking schools.
56
The 1969 National LawRegarding the Use of Languages in Education permitted schools in the German
Community to teach some subjects in French, which was reinforced by the Decree
of 19 April 2004 Concerning the Teaching and Use of Languages in Education.57
However, there are restrictions on how much time can be spent in such classes.
58
A 2008 decree on the evaluation of the teaching profession established the
first foreign language teacher post in primary schools, tasked with appointing
52Such matters are controlled by the Walloon Region, of which the German Community is a part. European
Commission, Organisation of the Education System in the German-speaking Community of Belgium (2009/2010),
16, 23, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-alemc3a3.pdf.53
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 23, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf; Angloinfo, The School System, available athttp://belgium.angloinfo.com/family/schooling-
education/school-system/.54
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 23, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf.55
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 23, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf.56
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 15, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf.57
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 15, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf.58
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 15, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf.
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qualified teachers for foreign languages.59
Learning a foreign language iscompulsory for all students. In the German Community, the first foreign language
is generally French.60
In the six school sections where French-speaking students
study, the first foreign language is German.61
In secondary school, it is mandatory
to take on a second foreign language in ninth grade.62
The second language isoften English, though it may also be Dutch.
63 By the tenth grade, students may opt
to study a third foreign language, which is often Dutch.64
Special Status Municipalities
Municipalities that are on the linguistic boundary are given special status
and provide language facilities for linguistic minorities.65
The 1963 LinguisticLaw provides for equal public funding for primary schools for the linguistic
minority.66
This law makes special status municipalities legally different than the
area around the Brussels-Capital Region, where some accommodations are madefor French speakers, but French-speaking primary schools are not equal to Dutch-
speaking schools. A revision to the constitution in 1990 makes it more difficult to
change the language status of a municipality.67
Previously, an overall majority inthe state parliament was enough. Now, it requires a majority in both language
groups in the House of Representatives and the Senate.68
As demonstrated above, the Communities enjoy significant autonomy in the
area of education. The most significant difference between Community
59European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 67, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf.60
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 67, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf61
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 67, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf.62
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 88, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf.63
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 88, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf.64
European Commission, Organisation of the Education System in the German-speaking Community of Belgium
(2009/2010), 88, available at http://estudandoeducacao.files.wordpress.com/2011/05/bc3a9lgica-comunidade-
alemc3a3.pdf.65
Loi du 30 Juillet 1963 Concernant le Rgime Linguistique dans lEnseignement(Belgium, 1963), available in
French at http://www.tlfq.ulaval.ca/axl/europe/belgiqueetat-loi63.htm.66
Loi du 30 Juillet 1963 Concernant le Rgime Linguistique dans lEnseignement(Belgium, 1963), available in
French at http://www.tlfq.ulaval.ca/axl/europe/belgiqueetat-loi63.htm.67
BELGIUMCONST.art. 129 (January 2009).68
BELGIUMCONST.art. 129 (January 2009).
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educational systems in Belgium is with regard to the primary language of teaching,and opportunities to learn second and third languages. The Belgian Constitution
provides a guaranteed right to education, but it does not provide for a right to
education in any specific language, or any set curriculum. There is much
flexibility in the system, as the state grants minority status to certain schools andcertain special status municipalities in areas along the language border.
Provided that the Communities provide equal quality of education, the state grants
Communities the right to regulate the details of education.
The gradual Communitarization of education has resulted in educational
systems with the distinct linguistic and cultural characteristics of the Communities.This has permitted the Communities to develop specific, individually-tailored
solutions in the management and supervision of education. Parents of school-age
children likewise have the flexibility under the constitution to pick a school fortheir children that reflects their philosophical, ideological, or religious values.
However, there is no overarching mechanism through which the Communities can
coordinate and ensure consistency and uniformity.
Switzerland
The Swiss Constitution delegates almost all regulation of education to the
cantons.69
The twenty-six cantons enjoy almost complete autonomy in thisregard.
70 However, in the interest of consistency and the quality of education, the
cantonal ministers coordinate their work at the state level. The Swiss Conferenceof Cantonal Ministers of Education (EDK) is the political body responsible for
intercantonal coordination.71
The 1970 Intercantonal Agreement on Education
Coordination provides the legal basis for collaboration between the cantons.72
Inaddition to this Agreement, cantons enter into intercantonal agreements, which are
legally binding. The EDK enforces these agreements and has the authority to issue
decrees to implement them.73
In 2006, the Swiss electorate and all of the cantons
adopted constitutional amendments on education.74
The amendments reinforce the
69SWITZERLAND CONST.art. 61a (19 April 1999), available at http://www.admin.ch/ch/e/rs/1/101.en.pdf.
70SWITZERLAND CONST.art. 61a (19 April 1999).
71The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf (last visited Feb. 12, 2012).72
Concordat sur la Coordination Scolaire(Switzerland, 1970),available in French at
http://edudoc.ch/record/1548/files/1.pdf.73
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf (last visited Feb. 12, 2012).74
Swissinfo, Swiss Vote Emphatically for Education Reform(May 21, 2006), available at
http://www.swissinfo.ch/eng/Home/Archive/Swiss_vote_emphatically_for_education_reform.html?cid=5207102.
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distribution of power between the state and cantonal governments and includeintercantonal cooperation.
75
The State Level
The Swiss Constitution delegates most responsibility for education to the
cantons.76
However, the Constitution allows the state government to make certainregulations aimed at ensuring harmonization of education across cantons,
particularly in the areas of standards for different levels of education, and the
recognition of qualification between cantons. The constitution also protects the
right to education and other related rights, and the Federal Court has the power to
resolve disagreements between cantons related to education and to rule on theapplication of constitutional rights in education.
Powers Over Education
Operating schools is primarily the responsibility of the cantons,77
which
means that school systems in one canton can vary greatly from those of another
canton.78
However, both the 1970 Intercantonal Agreement on EducationCoordination and the 2007 Agreement on Intercantonal Harmonization of
Mandatory Education (now codified in the constitution) provide that where
harmonization of education is not achieved in key areas (school entry age,
transition from one level to another, recognition of qualification), the state
government can issue regulations to achieve such harmonization.79
In addition, the
state may require cantons to enter legally binding intercantonal agreements relatedto the education matters specified in Article 62(4) of the Swiss Constitution such as
school entry age and compulsory school attendance, the duration and objectives of
levels of education, and the transition from one level to another, as well as the
recognition of qualifications.80
In addition, the constitution provides that the cantons can participate in the
drafting of federal legislation in the areas of education that affect cantonal
75SWITZERLAND CONST. art. 62 (1999).
76SWITZERLAND CONST. art. 61a (1999).
77SWITZERLAND CONST. art. 62 (1999).
78The Swiss Conference of Cantonal Ministers of Education, The Swiss Education System, available at
http://www.edk.ch/dyn/16342.php (last visited Feb. 12, 2012).79
Concordat sur la Coordination Scolaire(Switzerland, 1970),available in French at
http://edudoc.ch/record/1548/files/1.pdf; Accord Intercantonal sur lHarmonisation de la Scolarite Obligatoire
(Switzerland, 2007),available in French at http://edudoc.ch/record/24710/files/HarmoS_f.pdf; SWITZERLAND
CONST. art. 48a and 62(4) (1999) (amendments adopted by the popular vote of 21 May 2006).80
SWITZERLAND CONST. 62(6) (1999) (amendments adopted by the popular vote of 21 May 2006).
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responsibility, and that their opinions will be given special account.81
However,the constitution does not stipulate what mechanisms are in place to facilitate such
participation. The EDK coordinates policy at the state level, and represents the
cantons before the state in the areas of education.82
The state government regulates the start of the school year and the required
age for compulsory schooling.83
The 1970 Intercantonal Agreement on Education
Coordination sets the minimum age for starting compulsory education at six
years.84
The state may also issue regulations on vocational and professional
education.85
In addition, the Swiss Constitution provides that the state may
supplement cantonal measures by supporting extracurricular work with childrenand young people in the interest of encouraging and protecting them.
86
Constitutional ProtectionsThe constitution guarantees the right to primary school education and the
right to academic freedom, including freedom of research and teaching.87
It further
provides that the cantons shall ensure adequate primary school education.88
Primary school education is mandatory, generally for a term of eleven years, and
public primary schools must be free of charge.89
The constitution also guarantees the freedom to use any language,90
though
this protection exists in a general sense and is not explicitly applied in theconstitution to the area of education. The official languages of Switzerland are
German, French, and Italian.91 Romansh is also an official language when directlycommunicating with people who speak Romansh.
92 The cantons have the freedom
to decide their own official language while respecting the traditional territorial
81SWITZERLAND CONST. art. 62(6) (1999).
82The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.83
SWITZERLAND CONST. art. 62(5) (1999).84Concordat sur la Coordination Scolaire(Switzerland, 1970),available in French at
http://edudoc.ch/record/1548/files/1.pdf.85
SWITZERLAND CONST. art. 63(1)(1999).86
SWITZERLAND CONST. art. 67(2) (1999).87
SWITZERLAND CONST. art. 19 and 20 (1999).88
SWITZERLAND CONST. art. 62(2) (1999).89
SWITZERLAND CONST. art. 62(2) (1999).90
SWITZERLAND CONST. art. 18 (1999).91
SWITZERLAND CONST. art. 70(1) (1999).92
SWITZERLAND CONST. art. 70(1) (1999).
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distribution of languages and taking into account indigenous linguistic minorities.93
As a result, instruction in a second language is traditionally a high priority.
94
The constitution also guarantees the freedom of religion and conscience,
though again in a general sense as one of the protected fundamental rights inSwitzerland.
95 The regulation of the relationship between the church and the state
is the responsibility of the cantons.96
Role of the Courts
The 1970 Intercantonal Agreement on Education Coordination provides that
any disagreement among the cantons in relation to the implementation of the termsof the Agreement may be decided by the Federal Tribunal.
97 The Federal Tribunal
plays an important part in interpreting and ensuring compliance with cantonal and
federal language law, as well as other constitutional protections related toeducation.98
In 1990, the Federal Tribunal ruled on a case involving the State
Council of the canton of Fribourg, which attempted to limit enrollment at the free
German-speaking state school in Fribourg to Protestant children.99
The Courtfound that limiting free education in German to a certain religious denomination
was impermissible discrimination, and stepped outside the bounds of the discretion
allotted to the cantons.100
In 1996, the Court accepted an appeal of parents who
lived in a German-speaking commune, but had enrolled their daughter in a French
speaking school in a different commune and bore the financial consequencesthemselves. The Court held that enrollment in the German-speaking school, which
is what the commune had demanded, was a disproportionate restriction of the
93SWITZERLAND CONST. art. 70(2) (1999).
94The Swiss Conference of Cantonal Ministers of Education, The Swiss Education System, available at
http://www.edk.ch/dyn/16342.php.95
SWITZERLAND CONST. art. 15 (1999).96
SWITZERLAND CONST. art. 72 (1999).97
Concordat Sur la Coordination Scolaire, art.7 (Switzerland, 1970),available in French at
http://edudoc.ch/record/1548/files/1.pdf.98
Council of Europe, EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES,Second Periodical Report
Presented to the Secretary General of the Council of Europe in Accordance with Article 15 of the Charter:
Switzerland(2003), 23-24, available at
http://www.coe.int/t/dg4/education/minlang/report/PeriodicalReports/SwitzerlandPR2_en.pdf.99
Council of Europe, EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES,Second Periodical Report
Presented to the Secretary General of the Council of Europe in Accordance with Article 15 of the Charter:
Switzerland(2003), 24, available at
http://www.coe.int/t/dg4/education/minlang/report/PeriodicalReports/SwitzerlandPR2_en.pdf100
Council of Europe, EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES,Second Periodical Report
Presented to the Secretary General of the Council of Europe in Accordance with Article 15 of the Charter:
Switzerland(2003), 24, available at
http://www.coe.int/t/dg4/education/minlang/report/PeriodicalReports/SwitzerlandPR2_en.pdf
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familys linguistic freedoms.101
In 2001, the Court reaffirmed that parents have theright to send their children to a school whose primary instruction is in the childs
mother tongue.102
In Switzerland, the constitution delegates almost all regulation of educationto the cantons. The state only regulates limited matters such as the start of the
school year and the required age for compulsory education. The constitution also
guarantees the right to a primary school education, the right to academic freedom,
and the freedom to use any language. This right has been upheld by the Federal
Court in relation to education, holding that cantons cannot implement restrictions
on where children can go to school based on linguistic preferences. However,there is no general obligation for cantons to accommodate children who want to
study in a language other than the official language of the canton.
The Cantonal Level
The Swiss Constitution stipulates that the cantons are responsible foreducation, which includes supervision and management as well as financial
costs.103
The language of instruction is German, French, Italian, or Romansh,
depending on the language area, and official languages are often set forth in
cantonal constitutions.104
Following an agreement on the coordination of
education between the cantons, the Swiss Conference of Cantonal Ministers ofEducation (EDK) was created to ensure consistency and uniformity.
105 The
cantons may also enter into intercantonal agreements, which are legally binding.106The constitution likewise requires that the cantons achieve harmony in certain
101Council of Europe, EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES,Second Periodical Report
Presented to the Secretary General of the Council of Europe in Accordance with Article 15 of the Charter:
Switzerland(2003), 23-24, available at
http://www.coe.int/t/dg4/education/minlang/report/PeriodicalReports/SwitzerlandPR2_en.pdf (citingJorane Althaus
Versus the Residents of Mrigen and the Public Education Department of the Canton of Bern, Decision of 15 July
1996 (122 I 236))102
Council of Europe, EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES,Second Periodical Report
Presented to the Secretary General of the Council of Europe in Accordance with Article 15 of the Charter:
Switzerland(2003), 23-24, available at
http://www.coe.int/t/dg4/education/minlang/report/PeriodicalReports/SwitzerlandPR2_en.pdf (citing Decision
Against the Administrative Court of the Canton of Fribourg of 2 November 2001(2P.112/2001).103
SWITZERLAND CONST. art. 62 (1999).104
The Swiss Conference of Cantonal Ministers of Education, The Swiss Education System, available at
http://www.edk.ch/dyn/16342.php.105
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.106
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.
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areas of education policy.107
However, as decentralization is considered animportant characteristic of education in Switzerland, the cantons retain significant
autonomy.
Powers Over EducationThe primary authority of the cantons in the area of education and the
decentralized organization of schools are important features of federally organized,
multilingual Switzerland. The Swiss Constitution stipulates that the cantons are
responsible for education.108
This includes the supervision and management of
schools and their staff, as well as most of the financial costs incurred during the
course of operation.109
Municipalities share the managerial and financialresponsibility, and together the cantons and municipalities finance an estimated
eighty-seven percent of public-sector spending in the area of education.110
All cantons provide one to two years of free pre-school education, and the
canton of Ticino (Italian-speaking) offers three years. Compulsory schooling
begins at age six and continues for nine school years.111
Most primary schoolstoday span grades one through six. This is followed by the lower secondary level
(grades seven-nine) where pupils receive instruction in performance-based groups,
either in all subjects or in some subjects.112
LanguageTraditionally, language learning has an important role in Switzerland. All
students learn at least two other languages during their compulsory schooling. Thelanguages learned are generally one of the other languages spoken in Switzerland,
and English.113
The language of instruction is German, French, Italian, or
Romansh, depending on the language area, though Romansh-languagecommunities are a special case.
114
107SWITZERLAND CONST. art. 62 (1999).
108SWITZERLAND CONST. art. 62 (1999).
109The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.110
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.111
Concordat sur la CoordinationScolaire, art. 2(a) and (b) (Switzerland, 1970),available in French at
http://edudoc.ch/record/1548/files/1.pdf.112
The Swiss Conference of Cantonal Ministers of Education, The Swiss Education System, available at
http://www.edk.ch/dyn/16342.php.113
The Swiss Conference of Cantonal Ministers of Education, The Swiss Education System, available at
http://www.edk.ch/dyn/16342.php.114
The Swiss Conference of Cantonal Ministers of Education, The Swiss Education System, available at
http://www.edk.ch/dyn/16342.php.
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Romansh is taught primarily in the areas in which it has been the traditionallanguage.
115 Romansh has been gradually replaced by German as the primary
language of instruction, which has been troubling to advocates for Romansh
instruction, who believe education is essential to the preservation of the language
and overarching culture.116
In addition, while some schools have retainedinstruction in Romansh out of recognition that many students speak the language at
home and in their communities, there has been controversy over whether local
dialects or a standard version of the language should be taught, and at what point
German should be introduced.117
Intercantonal Cooperation
The 1970 Intercantonal Agreement on Education Coordination provides the
legal basis for collaboration between the cantons in the field of education.
118
TheEDK was created by the cantons to coordinate education systems between the
twenty-six cantons. The EDK is comprised of the twenty-six cantonal ministers of
education, who are members of the cantonal governments and preside over thecantonal departments of education.
119 The work of the EDK is based on the 1970
Agreement and on other intercantonal agreements.120
The intercantonal
agreements are legally binding, and the EDK has authority to enforce them, and to
enact decrees to implement them.121
On May 21, 2006, the Swiss electorate and all of the cantons voted to adopt
educational amendments to the constitution.122 The vote confirmed the distribution
115Swissinfo,Little Islands of Romansh(Aug. 8, 2006), available at
http://www.swissinfo.ch/eng/specials/romansh/Education,_Romansh_style.html?cid=41078.116
Swissinfo,Little Islands of Romansh(Aug. 8, 2006), available at
http://www.swissinfo.ch/eng/specials/romansh/Education,_Romansh_style.html?cid=41078.117
Swissinfo,Little Islands of Romansh(Aug. 8, 2006), available at
http://www.swissinfo.ch/eng/specials/romansh/Education,_Romansh_style.html?cid=41078. In 2003, the parliament
in canton Graubnden voted to publish books and other instructional materials in a standardized version of the
language (Romansh Grischun). This legislation was overturned in 2011, however, when the parliament decided that
books can again be issued in local Romansh dialects. Swissinfo,Romansh dialects carry the day in Graubnden
(Dec. 9, 2011), available at
http://www.swissinfo.ch/eng/swiss_news/Romansh_dialects_carry_the_day_in_Graubuenden.html?cid=31726828.118
Concordat sur la Coordination Scolaire(Switzerland, 1970),available in French at
http://edudoc.ch/record/1548/files/1.pdf.119
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.120
Laws Utilized by the Swiss Conference of Cantonal Ministers of Education, available in French,
http://www.edk.ch/dyn/11703.php.121
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.122
Swissinfo, Swiss Vote Emphatically for Education Reform(May 21, 2006), available at
http://www.swissinfo.ch/eng/Home/Archive/Swiss_vote_emphatically_for_education_reform.html?cid=5207102.
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of powers that already existed between the state and the cantons regardingeducation. However, the amendments also clarify the areas in which cooperation
between the state and the cantons, and cooperation among the cantons, is
required.123
These include working together to define key objectives, regulations,
qualifications, and the process by which students transition from one level to thenext.
124
Swiss Conference of Cantonal Ministers of Education
The EDK is not a state education ministry, but a coordination body through
which the twenty-six cantonal education ministers find state-wide solutions in key
areas of education.125
Typical issues that the EDK deals with include thedetermination of key statewide parameters for the education system (for instance,
structure and goals), statewide mobility in education, and statewide recognition of
diplomas.
126
Where necessary, the EDK coordinates with the state government.
127
The EDK implements clearly defined legal instruments.128
Intercantonal
cooperation agreements made pursuant to Article 48 of the constitution are legallybinding and enforceable by the EDK.
129 For instance, the EDK enforced several
intercantonal agreements related to financing and mobility, thus making it easier
for students to choose their course of study.130
The EDK may also issue
recommendations to the cantons, which are not legally binding.131
Despite not
being enforceable, such recommendations have brought about a high degree ofharmonization.
132
In addition, the EDK represents the cantons before the state government in
matters relating to education, reviews courses of study and diplomas, and grants
123SWITZERLAND CONST. art. 62 (1999).
124SWITZERLAND CONST. art. 62 (1999).
125The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.126
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.127
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.128
Laws Utilized by the Swiss Conference of Cantonal Ministers of Education, available in French,
http://www.edk.ch/dyn/11703.php.129
SWITZERLAND CONST. art. 48 (1999); The Swiss Conference of Cantonal Ministers of Education,Portrait,
available at http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.130
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.131
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.132
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.
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recognition of diplomas at a state level to ensure smooth transitions to higher levelsof education in all cantons.
133 The EDK also ensures that the cost of education is
split equally between the cantons.134
At the primary and secondary levels of education, the EDK is currentlyendeavoring to implement harmonization plans in the twenty-six cantons regarding
the following key development areas: (1) harmonization of compulsory schooling;
(2) development, definition, and review of binding educational standards; (3)
coordination of language instruction; (4) supporting projects for integrating
education for sustainable development in instruction/schools and teacher training;
and (5) introduction of joint tools for special needs education, such as standardizedterminology, quality standards, assessment processes.
135
Harmonization AgreementThe basic principles of the 2007 Agreement on Intercantonal Harmonization
of Mandatory Education (Harmonization Agreement) is to respect the diversity of
cultures in multilingual Switzerland and to attempt to eliminate all obstacles to thenational and international mobility of the population.
136 The Harmonization
Agreement requires all cantons within a given linguistic area of Switzerland to
adopt the same curricula, to coordinate their teaching of foreign languages, and to
provide for quality assurance through educational standards and regular
monitoring.137
Within the different linguistic areas of Switzerland, the priority iscurrently to ensure the introduction or drafting of uniform curricula that are
compatible with the provisions of the Harmonization Agreement.138
As a result of the requirements imposed by the Harmonization Agreement,
some of the cantons have had to implement reforms. A number of cantons haveseized this opportunity to cooperate more closely with one another. For instance,
the French-speaking cantons have entered into an agreement with regard to the
133The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.134
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.135
The Swiss Conference of Cantonal Ministers of Education,Portrait, available at
http://www.edudoc.ch/static/web/edk/port_edk_e.pdf.136
Accord Intercantonal sur lHarmonisation de la Scolarite Obligatoire, art. 2 (Switzerland, 2007),available in
French at http://edudoc.ch/record/24710/files/HarmoS_f.pdf.137
Swiss Coordination Centre for Research in Education, Swiss Education Report (2010), 55,available at
http://www.skbf-csre.ch/fileadmin/files/pdf/bildungsmonitoring/Education_Report_2010.pdf.138
Swiss Coordination Centre for Research in Education, Swiss Education Report (2010), 58,available at
http://www.skbf-csre.ch/fileadmin/files/pdf/bildungsmonitoring/Education_Report_2010.pdf.
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implementation of the Harmonization Agreement.139
Furthermore, the fourCantons of Aargau, Basel-Stadt, Basel-Landschaft, and Solothurn have formed the
North-West Switzerland Education Area in order to further develop their education
systems.140
Finally, several cantons (Bern, Basel-Stadt, Basel-Landschaft,
Solothurn, the German-speaking area of the Canton of Fribourg, and Upper Valais)have entered into an agreement to coordinate foreign language teaching.
141
In Switzerland, the twenty-six cantons enjoy near-complete autonomy in the
area of education. While this allows for flexibility and uniquely tailored solutions
for the management and supervision of education, the system also recognizes the
need for consistency and uniformity in the quality of education. Following a seriesof reforms in 2006, harmonization is now a requirement of the Swiss Constitution,
and the cantonal ministers coordinate their work though the EDK and intercantonal
agreements.
Conclusion
The constitutions of both Belgium and Switzerland provide for decentralized
systems of education. In both states, the regional units are granted significant
autonomy in the formulation of policy, and in the supervision and management of
school systems. However, there are significant differences between Belgium and
Switzerland in the level of coordination and cooperation between the regionalunits. In Belgium, the educational systems have adopted the unique linguistic and
cultural characteristics of the Communities, and there is no overarching bodycharged with representing the Communities before the state or ensuring
consistency and uniformity in the quality of education. By contrast, in
Switzerland, the cantons coordinate their work through the Swiss Conference ofCantonal Ministers of Education, which places an emphasis on intercantonal
cooperation and represents cantonal interests before the state government. The
cantons nonetheless retain significant autonomy, as the decentralized organization
of schools remains an important characteristic of a multilingual and multicultural
Switzerland.
139Swiss Coordination Centre for Research in Education, Swiss Education Report (2010), 58,available at
http://www.skbf-csre.ch/fileadmin/files/pdf/bildungsmonitoring/Education_Report_2010.pdf.140
Swiss Coordination Centre for Research in Education, Swiss Education Report (2010), 58,available at
http://www.skbf-csre.ch/fileadmin/files/pdf/bildungsmonitoring/Education_Report_2010.pdf.141
Swiss Coordination Centre for Research in Education, Swiss Education Report (2010), 58,available at
http://www.skbf-csre.ch/fileadmin/files/pdf/bildungsmonitoring/Education_Report_2010.pdf.