The right to education of migrants, refugees and asylum-seekers 2010, para. 73
Paragraph- Paragraph text
- However, the Special Rapporteur is convinced that the human right to education for migrants, refugees and asylum-seekers should not be contentious. Nevertheless, this right is sometimes disputed. The dispute centres upon the nature of the right itself. Despite being an “enabling right”, the right to education has become a de facto derivative right; just as, for instance, the right to development, economic security and the right to life per se are subordinated to the primary rights of private property and the profit rate. This situation highlights the two conflicting (and irreconcilable) legal regimes for education: on the one hand, international human rights law defines education as a human right, while on the other hand, international trade law views education as a service, i.e. a commodity. The latter regime offers little scope for advancing mechanisms for realizing the objectives of a human rights responsive education system.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
- Reference
- SR Education, Report to the HRC (2010), A/HRC/14/25, para. 73.
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 73
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