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Equality of opportunity in education 2011, para. 31
- Paragraph text
- The International Convention on the Rights of All Migrant Workers and Members of Their Families also protects the right to education on a basis of equality. Specifically, article 30 states that “each child of a migrant worker shall have the basic right of access to education on the basis of equality of treatment with nationals of the State concerned.” Articles 43 and 45 further emphasize equality of treatment for migrant workers and members of their families in relation to access to educational institutions, as well as vocational training.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 49
- Paragraph text
- Other groups vulnerable to limited opportunities in education and requiring targeted support include persons with disabilities, children living in the street or without parental care, migrant workers and their families, refugees, internally displaced persons and those affected by natural disasters or conflict. Moreover, nomad populations, including pastoral populations who remain deprived of equal opportunities in education, deserve special attention, especially in Africa.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 63
- Paragraph text
- The lack of education in mother-tongue or native languages is often a source of exclusion. This is particularly relevant for minorities and migrants. Estimates indicate that around 221 million children speak a different language at home from the language of instruction in school, limiting their ability to develop foundations for later learning. The United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, establishes in article 4(3) that States should take appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue. Moreover, available experience shows that a child learns better in his or her mother tongue in the formative stages and initial period of education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 69
- Paragraph text
- Regional human rights systems have also adopted decisions relevant for the protection of equal opportunities in education. The European Court of Human Rights recently held that the right to education was violated by the placement of a Croatian national of Roma origin in Roma-only classes, rather than ethnically ‘mixed’ classes. Even the applicant had attended ‘Roma-only’ schools at other times. The Court noted that there was a lack of a systemic and structured approach to the integration of Roma children into mainstream classes.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 70
- Paragraph text
- Administrative tribunals and national human rights institutions also reinforce judicial and quasi-judicial mechanisms to safeguard the equality of opportunities in education and right to education. In another case relating to schools dedicated to Roma children, the Equal Treatment Authority of Hungary concluded that not only were authorities responsible for the local system that segregated students, in violation of the principle of equal treatment, but those who tolerated or assisted the maintenance of existing segregation schemes also violated the law. National human rights institutions also have an important role to play. In Mauritius, for example, the ombudsperson has the authority to investigate any type of educational discrimination. The Equality and Anti-Discrimination Ombudsman, in Norway, and the Equal Opportunities Ombudsman, in Sweden, also have such competence.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 47
- Paragraph text
- Specific resources must be ensured to address the root causes of the exclusion from education of girls, those living in poverty or with disabilities, ethnic and linguistic minorities, migrants, and other marginalized and disadvantaged groups. Specific measures targeting important obstacles to education must be considered, including the abolition of school fees and the provision of subsidies for other costs, such as textbooks, uniforms and transportation. Temporary special measures to provide financial support to such groups through affirmative action have a normative basis in international human rights treaties. Particular attention must be paid to the principles of transparency and accountability in the management of education budgets.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Poverty
- Person(s) affected
- Girls
- Persons on the move
- Persons with disabilities
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 67
- Paragraph text
- The Special Rapporteur underlines that emergencies do not relieve States from their obligation to take all appropriate measures to ensure the realization of the right to education of all persons in their territories, including non-nationals, refugees or internally displaced groups. Ensuring financial support for primary education in order to guarantee that it continues to be available during emergencies, making secondary education available without discrimination and promoting access to higher education on the basis of capacity are nothing more than the fulfilment of a human rights obligation.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 81
- Paragraph text
- Refugees and internally displaced persons continue to face great obstacles when seeking education outside their communities of origin. Data collected by the Office of the United Nations High Commissioner for Refugees within official camps indicated limited and uneven access to education across camps; the overall primary school participation rate of refugee children in camps was 69 per cent and at the secondary level only 30 per cent. Several countries maintain administrative barriers to the enrolment of both refugee and internally displaced children, despite human rights obligations to provide education without discrimination of any kind to all children living in their territories and the relevant provisions of the Convention relating to the Status of Refugees. Short-term financing of projects in situations of prolonged displacement threatens the education, and progression, of many thousands of refugee and internally displaced children; gaps in the financing of education in such situations must be addressed as a matter of priority because of the long-lasting impact of the denial of education to these populations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 88
- Paragraph text
- The provision of learning achievement certification is another concern related to the quality of education in emergency contexts, in particular for students in refugee schools. Specific strategies are required to ensure that, even in times of crisis, students have their achievements adequately monitored, documented and recognized.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 92
- Paragraph text
- The Global Education Cluster developed a Joint Education Needs Assessment Toolkit in 2010, as well as a Short Guide for Rapid Needs Assessments to provide guidance on data collection in emergency situations. The need for further improving monitoring capacities through the definition of a core set of indicators, including estimated numbers of children and youth to be reached, age and gender profiles, patterns of displacement, education materials, teacher and infrastructure requirements needed to guide the estimation of financing requirements has been underlined.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- Children
- Persons on the move
- Youth
- Year
- 2011
Paragraph
Justiciability of the right to education 2013, para. 15
- Paragraph text
- A number of international human rights conventions establish the right to education. This right is covered comprehensively in UNESCO’s Convention against Discrimination in Education (1960) and in articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights (1966). Several other human rights conventions recognize the right to education for specific groups of individuals. These include (a) the Convention on the Rights of the Child, articles 28–30; (b) the Convention on the Elimination of All Forms of Discrimination against Women, article 10; (c) the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, articles 12 and 30; (d) the Convention on the Elimination of Racial Discrimination, article 5(e); and (e) the Convention on the Rights of Persons with Disabilities, article 24.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 26
- Paragraph text
- According to the Committee on Economic, Social and Cultural Rights, the right to technical and vocational education includes the following aspects: "(a) It enables students to acquire knowledge and skills which contribute to their personal development, self-reliance and employability and enhances the productivity of their families and communities, including the State party's economic and social development; (b) It takes account of the educational, cultural and social background of the population concerned; the skills, knowledge and levels of qualification needed in the various sectors of the economy; and occupational health, safety and welfare; (c) It provides retraining for adults whose current knowledge and skills have become obsolete owing to technological, economic, employment, social or other changes; (d) It consists of programmes which give students, especially those from developing countries, the opportunity to receive TVE in other States, with a view to the appropriate transfer and adaptation of technology; and (e) It consists, in the context of the Covenant's non-discrimination and equality provisions, of programmes which promote the TVE of women, girls, out-of-school youth, unemployed youth, the children of migrant workers, refugees, persons with disabilities and other disadvantaged groups".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 32
- Paragraph text
- The need to ensure equality of opportunity and to pay particular attention to marginalized groups is emphasized by article 2 of the UNESCO Convention on Technical and Vocational Education. Article 2, paragraphs (3) and (4), establishes that "States shall work towards the right to equal access to technical and vocational education and towards equality of opportunity to study throughout the educational process"; and that "States shall pay attention to the special needs of the handicapped and other disadvantaged groups and take appropriate measures to enable these groups to benefit from technical and vocational education". Similarly, article 5 (h) of ILO Recommendation No. 195 concerning Human Resources Development: Education, Training and Lifelong Learning (2004) establishes the responsibility of States to "promote access to education, training and lifelong learning for people with nationally identified special needs, such as youth, low-skilled people, people with disabilities, migrants, older workers, indigenous people, ethnic minority groups and the socially excluded; and for workers in small and medium-sized enterprises, in the informal economy, in the rural sector and in self-employment".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Youth
- Year
- 2012
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 95
- Paragraph text
- States should pay particular attention to making technical and vocational education and training accessible to marginalized and vulnerable groups, targeting in particular ethnic and linguistic minorities, persons with disabilities and migrants, and especially those living in poverty. Devoid of equitable approaches, technical and vocational education and training can accentuate prevailing inequities and deprivation to the detriment of the right to education for all. Promoting equity and inclusion through positive measures should be a key factor in the provision of technical and vocational education and training.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Year
- 2012
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 21
- Paragraph text
- The right to education has subsequently been enshrined in a range of international conventions, including the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Rights of the Child (1989) and, more recently, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990). Specific to refugee concerns are the Convention relating to the Status of Refugees (Refugee Convention, 1951) and its 1967 Protocol (arts. 4 and 22), and the Convention against Discrimination in Education (1960, art. 4).
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 26
- Paragraph text
- The Special Rapporteur also notes that the international norms and instruments listed earlier pay little attention to the particular situation of the educational rights of migrants, refugees and asylum-seekers. The same is the case with many other instruments, such as the Convention concerning Migration for Employment (Revised 1949), the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (1992), and the European Charter for Regional or Minority Languages (1992).
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 27
- Paragraph text
- However, the Special Rapporteur observes that the Convention relating to the Status of Refugees and its 1967 Protocol (arts. 4 and 22) and the Migrant Workers Convention reiterate the right to educational choice and the obligation of the contracting States to accord to refugees the same treatment as is accorded to nationals with respect to “elementary education” and to ensure “equal opportunities” with respect to non-elementary education. This includes access, the recognition of certificates and diplomas, the remission of fees and charges and the award of scholarships. Moreover, in accordance with article 28.1 of the Convention on the Rights of the Child “equal opportunity” in terms of the “best interest” principle may justify differential treatment of migrant, refugee and asylum-seekers’ children, such as mother-tongue teaching, provided that non-discrimination measures are in place, although in article 45.4 of the Migrant Workers Convention, there is no obligation for receiving States to provide special mother-tongue instruction schemes.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 28
- Paragraph text
- Furthermore, according to the Committee on the Rights of the Child, in its general comment No. 6 (2005), equality of treatment irrespective of nationality, immigration status or statelessness should also be guaranteed to unaccompanied and separated children. The Special Rapporteur notes, however, that, for some authors writing on education, the international legislation applicable to the situation of independent child migrants remains incomplete, as it fails to specifically and systematically address the circumstances of most unaccompanied child migrants.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 29
- Paragraph text
- The Special Rapporteur is also concerned by the incomplete realization of the right to education of migrants, refugees and asylum-seekers (or children thereof) of irregular status. The Special Rapporteur thus welcomes the increasing recognition of equality of treatment irrespective of legal status, as expressed in the International Labour Organization (ILO) Migrant Workers Convention No. 143 (Supplementary Provisions) (arts. 1 and 9), the United Nations Migrant Workers Convention, the final report of the 1994 International Conference on Population and Development (principle 12) and the 2000 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (para. 12). The Special Rapporteur, however, views the lack of ratification of, in particular, the United Nations Migrant Workers Convention (which by February 2010 had been signed by only 31 of the 192 United Nations Members, of which virtually all are countries of emigration) as indicative of State apathy in this area.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 30
- Paragraph text
- The Special Rapporteur further notes that child migrants and refugees, often in search of education and work opportunities, are particularly vulnerable to forced, compulsory and exploitative labour and sexual abuse. International instruments, such as the ILO Minimum Age Convention No. 138 and the European Social Charter (revised) (art. 7.2), establish 15 as the minimum age for both the completion of compulsory schooling and entry into employment. Consequently, the increased reduction of the right to education in elementary schooling undermines the protection of child migrants and refugees from hazardous work. This is related to the understanding that education can, and should, serve as an important tool to protect children from sexual and gender-based violence, HIV/AIDS, military recruitment, crime and drugs, inter alia.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 31
- Paragraph text
- Equally, restricted access to education jeopardizes entitlements to the knowledge and skills and values that might directly contribute to societal development (democracy, non-violent conflict resolution, mutual respect, tolerance and respect for the natural environment) and full human development (personality, talents, mental and physical abilities, the respect for migrants’ and refugees’ own culture, language and values), as expressed in the Convention on the Rights of the Child (arts. 29, 31 and 32) and the 1993 Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 32
- Paragraph text
- Prominent among the questionnaire responses was the perception that the cultural diversity which follows as a result of migration ought to be valued as a resource, rather than being conceived as an instrument of division. The Special Rapporteur found the repeated statement that the migrant, refugee and asylum-seekers’ presence in national education systems could be drawn upon more systematically to enrich and enhance non-formal and formal learning environments, and thus the learning experience of all students.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 33
- Paragraph text
- However, there continue to be tensions between national and migrant, refugee and asylum-seeker communities. These tensions often reach levels of xenophobia, as both experience unfamiliar languages, cultural practices and expectations. These can be exacerbated when finite resources are perceived to be focused upon one community at the expense of the other. One contributor from Liberia noted: “if education is not equitably distributed ... there are bound to be pockets of dissatisfaction and escalation of crime”.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 34
- Paragraph text
- There is also ample evidence that migrant, refugee and asylum-seeking students in many countries face a far higher risk of marginalization with regard to education systems and opportunities when compared with native students Movement across national borders is only one of the many causal factors and mechanisms (social, economic, cultural, physical and psychological) that impact upon migrants, refugees and asylum-seekers in the exercise of their right to education. Early marriage and pregnancy, cultural expectations requiring girls and women to attend to childcare and household duties, and insecurity when travelling to school are examples of others. An assumption of linear causality should therefore be avoided.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 35
- Paragraph text
- Many of these factors combine and are reflected in low socio-economic status, class-based residential patterns and consequent school composition. Research suggests that a concentration of non-native students in any one school can be detrimental to education outcomes. Many low-income families and migrants, refugees and asylum-seekers do not have access to good-quality education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 36
- Paragraph text
- The Special Rapporteur highlights the issues facing families in conflict-affected areas, especially those on precarious incomes. Pertinent is the comment of a refugee who stated that: “shortage of food forces parents to use their children to work”; and another who stated that: “an empty stomach does not have ears”. In such contexts, food and shelter are prioritized over payment of education fees (where imposed) and indirect costs to quality education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 38
- Paragraph text
- Segregation can take many forms, but invariably results in discrimination and thus impedes social mobility through education. In this respect, the Special Rapporteur notes that “ability” grouping (and tracking) within learning environments may be based on a variety of factors, including socio-economic background, ethnic origin and migrant status. Early-ability grouping and tracking has been shown to impact negatively on the school achievement of migrant students and students of migrant origin. In particular, migrants are more likely than their native peers to be diagnosed as having “special needs” resulting in their placement in separate institutions providing “special” education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 39
- Paragraph text
- Some replies to the questionnaire indicated that there is a lack of information and awareness among migrant, refugee and asylum-seeker populations about their rights, specifically those that safeguard their right to education. Implicit in this is what it means to make informed school and educational decisions. It is essential, therefore, to provide information and logistical support to migrant, refugee and asylum-seeking populations to strengthen their capacity in this regard. Activities might include, for example, home visits to low-income and migrant, refugee and asylum-seeking families, “education booths” in shopping malls, information fairs and hotlines in relevant migrant languages.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 40
- Paragraph text
- The Special Rapporteur notes the invisibility of migrants, refugees and asylum-seekers with disabilities. They are neither visible in current research, nor were they a focus of attention in the replies to the questionnaire. In the relevant comment that does exist, there is little recognition of their specific, in many cases discriminatory, experiences, let alone steps that might be taken to address them.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 41
- Paragraph text
- While the main focus of this report is on those “first-generation” migrants, refugees and asylum-seekers who are marginalized, the Special Rapporteur takes note of the recent research which confirms the Organization for Economic Cooperation and Development (OECD) Programme for International Student Assessment (PISA) findings concerning the structural discrimination (social, political and institutional) of “second-generation” immigrants in education. However, research into the educational concerns of second-generation immigrants is regrettably scarce. This lacunae demands attention.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph