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The right to education of migrants, refugees and asylum-seekers 2010, para. 82
- Paragraph text
- [Regarding the legal and normative framework, the Special Rapporteur is of the view that:] • As the International Conference on Population and Development (1994) identified migration as a consequence of significant global economic transformations, the Special Rapporteur is particularly concerned by the fact that half of the world’s out-of-school children — 39 million — live in conflict-affected areas. Moreover, as 80 per cent of all refugees are hosted by countries of the developing world, which figure shows that a disproportionate burden is carried by those least able to afford it, increased international cooperation and sharing of responsibility is required, as called for in the International Covenant of Economic, Social and Cultural Rights and the Dakar Framework for Action adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2000. As underdevelopment is a “principal root cause” of migration, helping Governments to realize the right to development becomes imperative.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 84
- Paragraph text
- [The Special Rapporteur emphasizes that teachers and other personnel working with migrants, refugees and asylum-seekers are in need of strong support such as new organizational structures and new teaching forms; this requires action beyond the teacher/school meso-level, towards a more active State, and desegregationist measures at the micro- or community level (e.g. housing policies). More specifically this will involve:] • Team-teaching and the support of the classroom teacher by a specialist, as well as mentoring in different forms and by different actors (e.g. higher education students or older role models of immigrant origin), which can improve school attainment.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 84
- Paragraph text
- [The Special Rapporteur emphasizes that teachers and other personnel working with migrants, refugees and asylum-seekers are in need of strong support such as new organizational structures and new teaching forms; this requires action beyond the teacher/school meso-level, towards a more active State, and desegregationist measures at the micro- or community level (e.g. housing policies). More specifically this will involve:] In refugee contexts, training to deal with traumatized learners and psychosocial support and expert counselling for both teachers and refugees.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 83
- Paragraph text
- [The Special Rapporteur perceives a crucial need for States, donors, international agencies and civil society to work collaboratively together, as substantial movement and migration across national borders will continue to define our globalized world. Their joint aim should be to build and sustain cohesive and resilient communities able to adapt in response to change. To this end, the Special Rapporteur recommends that exchange of good practice is increased and, at a minimum, all should look to:] • Make available and promote information/materials on education (and welfare) systems with respect to rights, opportunities and responsibilities in migrant languages and in accordance with migrant, refugee and asylum-seeker population needs.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 83
- Paragraph text
- [The Special Rapporteur perceives a crucial need for States, donors, international agencies and civil society to work collaboratively together, as substantial movement and migration across national borders will continue to define our globalized world. Their joint aim should be to build and sustain cohesive and resilient communities able to adapt in response to change. To this end, the Special Rapporteur recommends that exchange of good practice is increased and, at a minimum, all should look to:] • Improve (national) monitoring systems regarding access to and learning outcomes of migrants and refugees, including data on gender parity and disability. This should include information on the language used in the home and/or the language of instruction of previously completed education institutions in order to monitor language development and language-related drop out.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 83
- Paragraph text
- [The Special Rapporteur perceives a crucial need for States, donors, international agencies and civil society to work collaboratively together, as substantial movement and migration across national borders will continue to define our globalized world. Their joint aim should be to build and sustain cohesive and resilient communities able to adapt in response to change. To this end, the Special Rapporteur recommends that exchange of good practice is increased and, at a minimum, all should look to:] • Close the lacuna in research, advocacy and awareness of the educational experience and needs of: (i) migrants, refugees and asylum-seekers with disabilities; (ii) women from these groups; (iii) second-generation migrants; and (iv) unaccompanied asylum-seeking children.
- 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
- Persons with disabilities
- Women
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 84
- Paragraph text
- [The Special Rapporteur emphasizes that teachers and other personnel working with migrants, refugees and asylum-seekers are in need of strong support such as new organizational structures and new teaching forms; this requires action beyond the teacher/school meso-level, towards a more active State, and desegregationist measures at the micro- or community level (e.g. housing policies). More specifically this will involve:] • Increased recruitment of highly competent teachers, and teachers with relevant migrant backgrounds to facilitate more effective individualized pedagogical support (individual curricula), especially at the nursery/kindergarten and primary levels with respect to language acquisition.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 84
- Paragraph text
- [The Special Rapporteur emphasizes that teachers and other personnel working with migrants, refugees and asylum-seekers are in need of strong support such as new organizational structures and new teaching forms; this requires action beyond the teacher/school meso-level, towards a more active State, and desegregationist measures at the micro- or community level (e.g. housing policies). More specifically this will involve:] • Multi- and intercultural education (awareness-raising, socio-linguistics, communication skills and intercultural competence) made integral to teacher education curricula. In-service specialist training should be obligatory and take place during working hours to avoid increasing the workload of teachers.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 85
- Paragraph text
- Finally, the Special Rapporteur recommends that, in refugee-specific settings, significantly increased attention should be given to adequately resourcing United Nations agencies to ensure specialized educational personnel and implementation of formal and non-formal lifelong educational strategies.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 78
- Paragraph text
- The right to education should transcend primary and/or compulsory education, especially if systematic discrimination can be measured between particular social groups in society, as the Programme for International Student Assessment (PISA) suggests, with respect to migrants.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 80
- Paragraph text
- It is clear that the provision and exercise of inclusive education cannot alone meet the challenge to social justice inherent in migration. It is but one central component of the required national and international response. Its absence, however, ensures that social justice remains beyond our reach.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 82
- Paragraph text
- [Regarding the legal and normative framework, the Special Rapporteur is of the view that:] • To ensure the elimination of discrimination, and the successful integration and social justice for migrants, refugees and asylum-seekers, the normative boundaries of the right to education have to be shifted towards the inclusion of all types and levels of education.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 77
- Paragraph text
- The mechanisms for the enforcement of the right to education are still at an embryonic and fragile stage of development. Absent in this early phase are opportunities for migrants, refugees and asylum-seekers to represent their issues and concerns in ways that might lead to changes in teaching practices and curricula content.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 82
- Paragraph text
- [Regarding the legal and normative framework, the Special Rapporteur is of the view that:] • There is a need for the development of mechanisms that permit the monitoring of the implementation of binding legislation and obligations regarding the right to education for migrants, refugees and asylum-seekers.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 72
- Paragraph text
- The Special Rapporteur reminds States that their education systems should conform to the obligations set forth in the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the objectives of the Education for All programme. Critically, these systems must also be able to respect and promote diversity on the basis of a global understanding of human needs. Similarly, the Special Rapporteur acknowledges that human rights law “does not sufficiently address the question of binding obligations of States to take positive measures” and “it is largely unclear which distinctions between migrants and the citizens are admissible and which are not”.
- 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
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 73
- 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.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 83
- Paragraph text
- [The Special Rapporteur perceives a crucial need for States, donors, international agencies and civil society to work collaboratively together, as substantial movement and migration across national borders will continue to define our globalized world. Their joint aim should be to build and sustain cohesive and resilient communities able to adapt in response to change. To this end, the Special Rapporteur recommends that exchange of good practice is increased and, at a minimum, all should look to:] • Foster the view in all learning settings, both formal and non-formal, that cultural and linguistic diversity is a resource from which individuals and groups can build strong and supportive sustainable communities.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 83
- Paragraph text
- [The Special Rapporteur perceives a crucial need for States, donors, international agencies and civil society to work collaboratively together, as substantial movement and migration across national borders will continue to define our globalized world. Their joint aim should be to build and sustain cohesive and resilient communities able to adapt in response to change. To this end, the Special Rapporteur recommends that exchange of good practice is increased and, at a minimum, all should look to:] • Develop educational strategies which strengthen the capabilities of marginalized communities as a whole, while addressing the specific educational needs of migrants, refugees and asylum-seekers. Such strategies should look to embedded and coordinated mainstream lifelong learning which prioritizes early integration and the recognition of prior learning.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 83
- Paragraph text
- [The Special Rapporteur perceives a crucial need for States, donors, international agencies and civil society to work collaboratively together, as substantial movement and migration across national borders will continue to define our globalized world. Their joint aim should be to build and sustain cohesive and resilient communities able to adapt in response to change. To this end, the Special Rapporteur recommends that exchange of good practice is increased and, at a minimum, all should look to:] • Integrate the human rights framework (protection issues including teachers’ code of conduct) into curricula and the learning environment.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 82
- Paragraph text
- [Regarding the legal and normative framework, the Special Rapporteur is of the view that:] • Although there may be States which grant the right to education for migrants, refugees and asylum-seekers although they have not ratified the respective international instruments discussed earlier, the Special Rapporteur urges Governments of immigration countries in particular to sign and ratify these existing, relevant legal instruments.
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 79
- Paragraph text
- The exercise by migrants, refugees and asylum-seekers of their human rights (i.e. to work, housing, and education) “is significantly limited or made impossible if the State, through its laws or administrative practices, disadvantages them in these areas” (e.g. if certain jobs can only be held by nationals, or a legal requirement that makes access to the housing market more difficult for extended families).
- 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 type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 81
- Paragraph text
- As such, the recommendations below must be accompanied by, and meet, the powerful need for the development and implementation of social policies to protect migrants, refugees and asylum-seekers against the adverse economic and social consequences inherent to their vulnerability in the realization of their right to education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
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 type
- Other
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 type
- Other
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 type
- Other
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 type
- Other
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 type
- Other
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 type
- Other
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 48
- Paragraph text
- The Special Rapporteur takes this opportunity to emphasize that school learning content and non-formal learning for refugees and asylum-seekers in refugee camps should aim to transmit key life-saving and life-sustaining messages (including landmine and unexploded ordinance awareness, rapid evacuation, skills-based health education, conflict resolution, humanitarian norms, child protection, etc.) in addition to preparation for local integration, repatriation or resettlement. In this regard, the Special Rapporteur specifically draws attention to, and welcomes, the educational work of UNHCR, but encourages increased attention, intensity and breadth in its provision.
- 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
- 2010
- Paragraph type
- Other
Paragraph