|
Convention
on the Recognition of Studies, Diplomas and Degrees concerning
Higher Education in the States belonging to the Europe Region
Adopted
at Paris, 21 December 1979 (UN Treaty Series No. 20966)
Outline
of Convention
Convention
on the Recognition of Studies, Diplomas and Degrees concerning
Higher Education in the States belonging to the Europe Region
(Paris
on 21 December 1979)
PREAMBLE
The
States of the Europe Region, Parties to this Convention,
Recalling
that, as the General Conference of Unesco has noted on several
occasions in its resolutions concerning European co-operation,
"the development of co-operation between nations in the
fields of education, science, culture and communication, in
accordance with the principles set out in Unesco's Constitution,
plays an essential role in the promotion of peace and international
understanding",
Conscious
of the close relationship that exists between their cultures,
despite their diversity of languages and the differences in
economic and social systems, and desiring to strengthen their
co-operation in the field of education and training in the
interests of the well-being and lasting prosperity of their
peoples,
Recalling
that the States meeting in Helsinki expressed, in the Final
Act of the Conference on Security and Co-operation in Europe
(1 August 1975), their intention "to improve access,
under mutually acceptable conditions, for students, teachers
and scholars of the participating States to each other's educational,
cultural and scientific institutions... in particular by...
arriving at the mutual recognition of academic degrees and
diplomas either through governmental agreements, where necessary,
or direct arrangements between universities and other institutions
of higher learning and research", and also by "promoting
a more exact assessment of the problems of comparison and
equivalence of academic degrees and diplomas",
Recalling
that, with a view to promoting the attainment of these objectives,
most of the Contracting States have already concluded bilateral
or subregional agreements among themselves concerning the
equivalence or recognition of diplomas; but desiring, while
pursuing and intensifying their efforts at the bilateral and
subregional levels, to extend their co-operation in this field
to the whole Europe Region,
Convinced
that the great diversity of higher education systems in the
Europe Region constitutes an exceptionally rich cultural asset
which should be preserved, and desiring to enable all their
peoples to benefit fully from this rich cultural asset by
facilitating access by the inhabitants of each Contracting
State to the educational resources of the other Contracting
States, more especially by authorizing them to continue their
education in higher educational institutions in those other
States,
Considering
that, to authorize admission to further stages of study, the
concept of the recognition of studies should be employed,
a concept which in a context of social and international mobility,
makes it possible to evaluate the level of education reached
bearing in mind knowledge acquired, as attested by diplomas
and degrees obtained and also the individual's other relevant
qualifications, so far as these may be deemed acceptable by
competent authorities,
Considering
that the recognition by all the Contracting States of studies,
certificates, diplomas and degrees obtained in any one of
them is intended to develop the international mobility of
persons and the exchange of ideas, knowledge and scientific
and technological experience, and that it would be desirable
to accept foreign students into establishments of higher education
on the understanding that recognition of their studies or
diplomas shall at no time confer on them greater rights than
those enjoyed by national students,
Noting
that this recognition constitutes one of the conditions necessary
for:
1.
Enabling means of education existing in their territories
to be used as effectively as possible,
2.
Ensuring that teachers, students, research workers and professional
workers have greater mobility,
3.
Alleviating the difficulties encountered on their return by
persons who have been trained or educated abroad,
Desiring
to ensure that studies, certificates, diplomas and degrees
are recognized as widely as possible, taking into account
the principles of the promotion of lifelong education, the
democratization of education, and the adoption and application
of an education policy allowing for structural, economic,
technological and social changes and suited to the cultural
context of each country,
Determined
to sanction and organize their future collaboration in these
matters by means of a convention which will be the starting
point for concerted dynamic action taken in particular by
means of national, bilateral, subregional and multilateral
machinery already existing or that may be deemed necessary,
Mindful
that the ultimate objective set by the General Conference
of the United Nations Educational, Scientific and Cultural
Organization consists in "preparing an International
Convention on the Recognition and the Validity of Degrees,
Diplomas and Certificates issued by establishments of Higher
Learning and Research in all Countries",
Have
agreed as follows:
back
to top
I.
DEFINITIONS
Article
1
1. For the purpose of this Convention, the "recognition"
of a foreign certificate, diploma or degree of higher education
means its acceptance as a valid credential by the competent
authorities in a Contracting State and the granting to its
holder of rights enjoyed by persons who possess a national
certificate, diploma or degree with which the foreign one
is assessed as comparable.
Recognition
is further defined as follows:
(a) Recognition of a certificate, diploma or degree with a
view to undertaking or pursuing studies at the higher level
shall enable the holder to be considered for entry to the
higher educational and research institutions of any Contracting
State as if he were the holder of a comparable certificate,
diploma or degree issued in the Contracting State concerned.
Such recognition does not exempt the holder of the foreign
certificate, diploma or degree from complying with the conditions
(other than those relating to the holding of a diploma) which
may be required for admission to the higher educational or
research institution concerned of the receiving State.
(b)
Recognition of a foreign certificate, diploma or degree with
a view to the practice of a profession is recognition of the
professional preparation of the holder for the practice of
the profession concerned, without prejudice, however, to the
legal and professional rules or procedures in force in the
Contracting States concerned. Such recognition does not exempt
the holder of the foreign certificate, diploma or degree from
complying with any other conditions for the practice of the
profession concerned which may be laid down by the competent
governmental or professional authorities.
(c)
Recognition of a certificate, diploma or degree should not,
however, entitle the holder to more rights in another Contracting
State than he would enjoy in the country in which the certificate,
diploma or degree was awarded.
2.
For the purposes of this Convention, "partial studies"
means periods of study or training which while not constituting
a complete course are such that they add significantly to
the acquisition of knowledge or skills.
back
to top
II.
AIMS
Article
2
1. The Contracting States intend to contribute through their
joint action both to the promotion of the active co-operation
of all the countries of the Europe Region in the cause of
peace and international understanding, and to the development
of more effective collaboration with other Member States of
Unesco with regard to a better use of their educational, technological
and scientific potential.
2.
The Contracting States solemnly declare their firm resolve
to co-operate closely within the framework of their legislation
and constitutional structures, as well as within the framework
of existing inter-governmental agreements, with a view to:
(a)
Enabling, in the interest of the Contracting States, and consistent
with their general policy for educational provision and administrative
procedures, the best use of their available education and
research resources, and for this purpose:
(i)
to make their higher educational institutions as widely
accessible as possible to students or researchers from any
of the Contracting States;
(ii)
to recognize the studies, certificates, diplomas and degrees
of such persons;
(iii)
to examine the possibility of elaborating and adopting similar
terminology and evaluation criteria which would facilitate
the application of a system which will ensure the comparability
of credits, subjects of study and certificates, diplomas
and degrees;
(iv)
to adopt a dynamic approach in matters of admission to further
stages of study, bearing in mind knowledge acquired, as
attested by certificates, diplomas and degrees, and also
the individual's other relevant qualifications, so far as
these may be deemed acceptable by competent authorities;
(v)
to adopt flexible criteria for the evaluation of partial
studies, based on the educational level reached and on the
content of the courses taken, bearing in mind the interdisciplinary
character of knowledge at the higher educational level;
(vi)
to improve the system for the exchange of information regarding
the recognition of studies, certificates, diplomas and degrees;
(b)
Constantly improving curricula in the Contracting States and
methods of planning and promoting higher education, on the
basis of not only the requirements for economic, social and
cultural development, the policies of each country and also
the objectives that are set out in the recommendations made
by the competent organs of the United Nations Educational,
Scientific and Cultural Organization concerning the continuous
improvement of the quality of education, the promotion of
lifelong education and the democratization of education, but
also the aims of the full development of the human personality
and of understanding, tolerance and friendship among nations
and in general all aims concerning human rights assigned to
education by the Universal Declaration of Human Rights and
the United Nations International Covenants on Human Rights
and the Unesco Convention Against Discrimination in Education.
(c)
Promoting regional and world-wide co-operation for the solution
of the "problems of comparison and equivalence between
academic degrees and diplomas"... as well as for recognition
of studies and academic diplomas.
3.
The Contracting States agree to take all feasible steps at
the national, bilateral and multilateral levels, in particular
by means of bilateral, subregional, regional or other agreements,
arrangements between universities or other higher educational
institutions and arrangements with the competent national
or international organizations and other bodies, with a view
to the progressive attainment by the competent authorities
concerned of the goals defined in the present article.
back
to top
III.
UNDERTAKINGS FOR IMMEDIATE APPLICATION
Article
3
1. The Contracting States in addition to any obligations of
governments, agree to take all feasible steps with a view
to encouraging the competent authorities concerned to give
recognition, as defined in Article 1, paragraph 1 to secondary
school leaving certificates and other diplomas issued in the
other Contracting States that grant access to higher education
with a view to enabling the holders to undertake studies in
institutions of higher education situated in the respective
territories of the Contracting States.
2.
Without prejudice to the provisions of Article 1, paragraph
1(a), however, admission to a given higher educational institution
may also be dependent upon the availability of places and
the qualifications concerning linguistic knowledge required
in order profitably to undertake the studies in question.
Article
4
1. The Contracting States, in addition to any obligations
of governments, agree to take all feasible steps with a view
to encouraging the competent authorities concerned to:
(a) give recognition as defined in Article 1, paragraph 1
to certificates, diplomas and degrees with a view to enabling
the holders to pursue advanced studies and training and undertake
research in their institutions of higher education;
(b) define, so far as possible, the procedure applicable to
the recognition, for the purpose of the pursuit of studies,
of the partial studies pursued in higher educational institutions
situated in the other Contracting States.
2.
The provisions of Article 3, paragraph 2 above shall apply
to the cases covered by this article.
Article
5
The Contracting States, in addition to any obligations of
governments, agree to take all feasible steps with a view
to encouraging the competent authorities concerned to give
recognition to the certificates, diplomas or degrees issued
by the competent authorities of the other Contracting States
for the purpose of practising a profession within the meaning
of Article 1, paragraph 1(b).
Article
6
Where admission to educational institutions in the territory
of a Contracting State is outside the control of that State,
it shall transmit the text of the Convention to the institutions
concerned and use its best endeavours to obtain the acceptance
by the latter of the principles stated in Sections II and
III of the Convention.
Article
7
1. Considering that recognition refers to the studies followed
and the certificates, diplomas or degrees obtained from institutions
approved by the competent authorities concerned in the Contracting
State in which the certificates, diplomas, or degrees were
obtained, any person, of whatever nationality or political
or legal status, who has followed such studies and obtained
such certificates, diplomas or degrees shall be eligible for
consideration to benefit from the provisions of Articles 3,
4 and 5.
2.
Any national of a Contracting State who has obtained in the
territory of a non-Contracting State one or more certificates,
diplomas or degrees comparable to those defined in Articles
3, 4 and 5 may avail himself of those provisions which are
applicable, on condition that his certificates, diplomas or
degrees have been recognized in his home country and in the
country in which he wishes to continue his studies.
back
to top
IV.
MACHINERY FOR IMPLEMENTATION
Article
8
The Contracting States shall undertake to work for the attainment
of the objectives defined in Article 2 and shall make their
best efforts to ensure that the undertakings set forth in
Articles 3, 4, 5 and 6 above are put into effect by means
of:
(a) national bodies;
(b) the Regional Committee defined in Article 10;
(c) bilateral or subregional bodies.
Article
9
1. The Contracting States recognize that the attainment of
the goals and the execution of the undertakings defined in
this Convention will require, at the national level, close
co-operation and co-ordination of the efforts of a great variety
of national authorities, whether governmental or non-governmental,
particularly universities, validating bodies and other educational
institutions. They therefore agree to entrust the study of
the problems involved in the application of this Convention
to appropriate national bodies, with which all the sectors
concerned will be associated and which will be empowered to
propose appropriate solutions. The Contracting States will
furthermore take all feasible measures required to speed up
the effective functioning of these national bodies.
2.
The Contracting States shall co-operate with the competent
authorities of another Contracting State especially by enabling
them to collect all information of use to them in their activities
relating to studies, diplomas and degrees in higher education.
3.
Every national body shall have at its disposal the necessary
means to enable it either to collect, process and file all
information of use to it in its activities relating to studies,
diplomas and degrees in higher education, or to obtain the
information it requires in this connection at short notice
from a separate national documentation centre.
Article
10
1. A regional committee composed of representatives of the
governments of the Contracting States is hereby set up. Its
Secretariat is entrusted to the Director-General of the United
Nations Educational, Scientific and Cultural Organization.
2.
Non-Contracting States of the Europe Region which have been
invited to take part in the diplomatic conference entrusted
with the adoption of this Convention shall be able to participate
in the meetings of the Regional Committee.
3.
The function of the Regional Committee shall be to promote
the application of this Convention. It shall receive and examine
the periodic reports which the Contracting States shall communicate
to it on the progress made and the obstacles encountered by
them in the application of the Convention and also the studies
carried out by its Secretariat on the said Convention. The
Contracting States undertake to submit a report to the Committee
at least once every two years.
4.
The Regional Committee shall, where appropriate, address to
the Contracting States recommendations of a general or individual
character concerning the application of this Convention.
Article
11
1. The Regional Committee shall elect its Chairman for each
session and adopt its Rules of Procedure. It shall meet in
ordinary session at least every two years. The Committee shall
meet for the first time three months after the sixth instrument
of ratification or accession has been deposited.
2.
The Secretariat of the Regional Committee shall prepare the
agenda for the meetings of the Committee, in accordance with
the instructions it receives from the Committee and the provisions
of the Rules of Procedure. It shall help national bodies to
obtain the information needed by them in their activities.
back
to top
V. DOCUMENTATION
Article
12
1. The Contracting States shall engage in exchanges of information
and documentation pertaining to studies, certificates, diplomas
and degrees in higher education.
2.
They shall endeavour to promote the development of methods
and machinery for collecting, processing, classifying and
disseminating all the necessary information pertaining to
the recognition of studies, certificates, diplomas and degrees
in higher education, taking into account existing methods
and machinery as well as information collected by national,
regional, subregional and international bodies, in particular
the United Nations Educational, Scientific and Cultural Organization.
back
to top
VI. CO-OPERATION WITH INTERNATIONAL ORGANIZATIONS
Article
13
The Regional Committee shall make all the appropriate arrangements
for associating with its efforts, for the purpose of ensuring
that this Convention is applied as fully as possible, the
competent international governmental and non-governmental
organizations. This applies particularly to the intergovernmental
institutions and agencies vested with responsibility for the
application of subregional conventions or agreements concerning
the recognition of diplomas and degrees in the States belonging
to the Europe Region.
back
to top
VII.
INSTITUTIONS OF HIGHER EDUCATION UNDER THE AUTHORITY OF A
CONTRACTING STATE BUT SITUATED OUTSIDE ITS TERRITORY
Article
14
The provisions of this Convention shall apply to studies pursued
at, and to certificates, diplomas and degrees obtained from,
any institution of higher education under the authority of
a Contracting State, even when this institution is situated
outside its territory, provided that the competent authorities
in the Contracting State in which the institution is situated
have no objections.
back
to top
VIII. RATIFICATION, ACCESSION AND ENTRY
INTO FORCE
Article
15
This Convention shall be open for signature and ratification
by the States of the Europe Region which have been invited
to take part in the diplomatic conference entrusted with the
adoption of this Convention as well as by the Holy See.
Article
16
1. Other States which are members of the United Nations, of
one of the Specialized Agencies or of the International Atomic
Energy Agency or which are Parties to the Statute of the International
Court of Justice may be authorized to accede to this Convention.
2.
Any request to this effect shall be communicated to the Director-General
of the United Nations Educational, Scientific and Cultural
Organization who shall transmit it to the Contracting States
at least three months before the meeting of the ad hoc committee
referred to in paragraph 3 of this article.
3.
The Contracting States shall meet as an ad hoc committee comprising
one representative for each Contracting State, with an express
mandate from his government to consider such a request. In
such cases, the decision of the committee shall require a
two-thirds majority of the Contracting States.
4.
This procedure shall apply only when the Convention has been
ratified by at least 20 of the States referred to in Article
15.
Article
17
Ratification of this Convention or accession to it shall be
effected by depositing an instrument of ratification or accession
with the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
Article
18
This Convention shall enter into force one month after the
fifth instrument of ratification has been deposited, but solely
with respect to the States which have deposited their instruments
of ratification. It shall enter into force for each other
State one month after that State has deposited its instrument
of ratification or accession.
Article
19
1. The Contracting States shall have the right to denounce
this Convention.
2.
The denunciation shall be signified by an instrument in writing
deposited with the Director-General of the United Nations
Educational, Scientific and Cultural Organization.
3.
The denunciation shall take effect twelve months after the
instrument of denunciation has been received. However, persons
having benefited from the provisions of this Convention who
may be pursuing studies in the territory of the State denouncing
the Convention will be able to complete the course of studies
they have begun.
Article
20
The Director-General of the United Nations Educational, Scientific
and Cultural Organization shall inform the Contracting States
and the other States mentioned in Articles 15 and 16 and also
the United Nations of the deposit of all the instruments of
ratification or accession referred to in Article 17 and the
denunciations provided for in Article 19 of this Convention.
Article
21
In conformity with Article 102 of the United Nations Charter,
this Convention shall be registered with the Secretariat of
the United Nations at the request of the Director-General
of the United Nations Educational, Scientific and Cultural
Organization.
IN
WITNESS WHEREOF the undersigned representatives, being duly
authorized, have signed this Convention.
Done
at Paris, this 21st day of December 1979, in the English,
French, Russian and Spanish languages, the four texts being
equally authoritative, in a single copy which shall be deposited
in the archives of the United Nations Educational, Scientific
and Cultural Organization. A certified copy shall be sent
to all the States referred to in Articles 15 and 16 and to
the United Nations.
back
to top
|