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Article 10: Humane treatment of persons deprived of liberty 1982, para. 3
- Paragraph text
- In a number of cases, the information appearing in reports with respect to paragraph 3 of the article has contained no concrete mention either of legislative or administrative measures or of practical steps to promote the reformation and social rehabilitation of prisoners, by, for example, education, vocational training and useful work. Allowing visits, in particular by family members, is normally also such a measure which is required for reasons of humanity. There are also similar lacunae in the reports of certain States with respect to information concerning juvenile offenders, who must be segregated from adults and given treatment appropriate to their age and legal status.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 1982
Paragraph
Article 18: The right to freedom of thought, conscience and religion 1993, para. 6
- Paragraph text
- The Committee is of the view that article 18 (4) permits public school instruction in subjects such as the general history of religions and ethics if it is given in a neutral and objective way. The liberty of parents or legal guardians to ensure that their children receive a religious and moral education in conformity with their own convictions, set forth in article 18 (4), is related to the guarantees of the freedom to teach a religion or belief stated in article 18 (1). The Committee notes that public education that includes instruction in a particular religion or belief is inconsistent with article 18 (4) unless provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 1993
Paragraph
Article 18: The right to freedom of thought, conscience and religion 1993, para. 8
- Paragraph text
- Article 18 (3) permits restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. The freedom from coercion to have or to adopt a religion or belief and the liberty of the parents and guardians to ensure religious and moral education cannot be restricted. In interpreting the scope of permissible limitation clauses, States parties should proceed from the need to protect the rights guaranteed under the Covenant, including the right to equality and non-discrimination on all grounds specified in articles 2, 3 and 26. Limitations imposed must be established by law and must not be applied in a manner that would vitiate the rights guaranteed in article 18. The Committee observes that paragraph 3 of article 18 is to be strictly interpreted: restrictions are not allowed on grounds not specified there, even if they would be allowed as restrictions to other rights protected in the Covenant, such as national security. Limitations may be applied only for those purposes for which they were prescribed and must be directly related and proportionate to the specific need on which they are predicated. Restrictions may not be imposed for discriminatory purposes or applied in a discriminatory manner. The Committee observes that the concept of morals derives from many social, philosophical and religious traditions; consequently, limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition. Persons already subject to certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest their religion or belief to the fullest extent compatible with the specific nature of the constraint. States parties' reports should provide information on the full scope and effects of limitations under article 18 (3), both as a matter of law and of their application in specific circumstances.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 1993
Paragraph
Children in street situations 2017, para. 18
- Paragraph text
- States should invest in good quality initial and in-service basic training on child rights, child protection and the local context of children in street situations for all professionals who may come into direct or indirect contact with children in street situations, in such areas as policymaking, law enforcement, justice, education, health, social work and psychology. This training may draw on the expertise of non-State actors and should be integrated into the curricula of relevant training institutions. Additional in-depth training on a child rights approach, psychosocial support and child empowerment is required for professionals working with children in street situations as a dedicated part of their mandate, for example, street-based social workers and specialized child protection units of the police service. “Outreach walks” and “street walks” are an important on-the-ground training method. Basic and specialized training should include attitudinal and behavioural change, as well as knowledge transfer and skills development, and should encourage intersectoral cooperation and collaboration. National and local governments should understand and support the critical role of social workers, including street-based workers, in early detection, providing support to families with children at risk and to children in street situations. Professionals should be involved in participatory development of operating procedures, good practice guidelines, strategic directives, plans, performance standards and disciplinary codes, and should receive support to implement these in practice. States should facilitate sensitization and training for other stakeholders who come into direct or indirect contact with children in street situations, such as transport workers, media representatives, community and spiritual/religious leaders and private sector actors, who should be encouraged to adopt the Children’s Rights and Business Principles.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Children in street situations 2017, para. 19
- Paragraph text
- States should take action to secure the ability of children in street situations to gain access to basic services such as health and education, and to justice, culture, sport and information. States should ensure their child protection systems provide for specialized services on the street, involving trained social workers with good knowledge of local street connections and who can help children reconnect with family, local community services and wider society. This does not necessarily imply that children should renounce their street connections, but rather, the intervention should secure their rights. Prevention, early intervention and street-based support services are mutually reinforcing elements and provide a continuum of care within an effective long-term and holistic strategy. While States are the primary duty bearers, civil society activities may complement States’ efforts in developing and delivering innovative and personalized service provision.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Children in street situations 2017, para. 54
- Paragraph text
- Accessible, free, safe, relevant and quality education is crucial to preventing children from ending up in street situations and fulfilling the rights of children already in street situations. For many children, education represents the last connection point with wider societies. States should make adequate provision, including support to parents, caregivers and families, to ensure that children in street situations can stay in school and that their right to quality education is fully protected. A range of education options is necessary, including “second-chance education”, catch-up classes, mobile schools, vocational training linked to market research and followed up with long-term support for income generation, and pathways into formal education, through partnerships with civil society. Teachers should be trained on child rights and children in street situations, and child-centred, participatory teaching methodologies.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Children’s rights in juvenile justice 2007, para. 18
- Paragraph text
- The Committee fully supports the Riyadh Guidelines and agrees that emphasis should be placed on prevention policies that facilitate the successful socialization and integration of all children, in particular through the family, the community, peer groups, schools, vocational training and the world of work, as well as through voluntary organizations. This means, inter alia that prevention programmes should focus on support for particularly vulnerable families, the involvement of schools in teaching basic values (including information about the rights and responsibilities of children and parents under the law), and extending special care and attention to young persons at risk. In this regard, particular attention should also be given to children who drop out of school or otherwise do not complete their education. The use of peer group support and a strong involvement of parents are recommended. The States parties should also develop community-based services and programmes that respond to the special needs, problems, concerns and interests of children, in particular of children repeatedly in conflict with the law, and that provide appropriate counselling and guidance to their families.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2007
Paragraph
Children’s rights in juvenile justice 2007, para. 19
- Paragraph text
- Articles 18 and 27 of CRC confirm the importance of the responsibility of parents for the upbringing of their children, but at the same time CRC requires States parties to provide the necessary assistance to parents (or other caretakers), in the performance of their parental responsibilities. The measures of assistance should not only focus on the prevention of negative situations, but also and even more on the promotion of the social potential of parents. There is a wealth of information on home- and family-based prevention programmes, such as parent training, programmes to enhance parent-child interaction and home visitation programmes, which can start at a very young age of the child. In addition, early childhood education has shown to be correlated with a lower rate of future violence and crime. At the community level, positive results have been achieved with programmes such as Communities that Care (CTC), a risk-focused prevention strategy.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2007
Paragraph
Discrimination against Roma 2000, para. 17
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To support the inclusion in the school system of all children of Roma origin and to act to reduce drop out rates, in particular among Roma girls, and, for these purposes, to cooperate actively with Roma parents, associations and local communities.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Girls
- Persons on the move
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 19
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To consider adopting measures in favour of Roma children, in cooperation with their parents, in the field of education.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 24
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To act to improve dialogue and communication between the teaching personnel and Roma children, Roma communities and parents, using more often assistants chosen from among the Roma.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2000
Paragraph
General Measures of Implementation of the Convention of the Rights of the Child 2003, para. 54
- Paragraph text
- The Committee's guidelines for periodic reports mention many aspects of training, including specialist training, which are essential if all children are to enjoy their rights. The Convention highlights the importance of the family in its preamble and in many articles. It is particularly important that the promotion of children's rights should be integrated into preparation for parenthood and parenting education.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2003
Paragraph
Implementing child rights in early childhood 2006, para. 17
- Paragraph text
- Evolving capacities as an enabling principle. Article 5 draws on the concept of "evolving capacities" to refer to processes of maturation and learning whereby children progressively acquire knowledge, competencies and understanding, including acquiring understanding about their rights and about how they can best be realized. Respecting young children's evolving capacities is crucial for the realization of their rights, and especially significant during early childhood, because of the rapid transformations in children's physical, cognitive, social and emotional functioning, from earliest infancy to the beginnings of schooling. Article 5 contains the principle that parents (and others) have the responsibility to continually adjust the levels of support and guidance they offer to a child. These adjustments take account of a child's interests and wishes as well as the child's capacities for autonomous decision making and comprehension of his or her best interests. While a young child generally requires more guidance than an older child, it is important to take account of individual variations in the capacities of children of the same age and of their ways of reacting to situations. Evolving capacities should be seen as a positive and enabling process, not an excuse for authoritarian practices that restrict children's autonomy and self expression and which have traditionally been justified by pointing to children's relative immaturity and their need for socialization. Parents (and others) should be encouraged to offer "direction and guidance" in a child centred way, through dialogue and example, in ways that enhance young children's capacities to exercise their rights, including their right to participation (art. 12) and their right to freedom of thought, conscience and religion (art. 14).
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2006
Paragraph
Implementing child rights in early childhood 2006, para. 20b
- Paragraph text
- Providing adequate assistance should take account of the new roles and skills required of parents, as well as the ways that demands and pressures shift during early childhood for example, as children become more mobile, more verbally communicative, more socially competent, and as they begin to participate in programmes of care and education;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2006
Paragraph
Implementing child rights in early childhood 2006, para. 20c
- Paragraph text
- Assistance to parents will include provision of parenting education, parent counselling and other quality services for mothers, fathers, siblings, grandparents and others who from time to time may be responsible for promoting the child's best interests;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Person(s) affected
- Children
- Families
- Year
- 2006
Paragraph
Implementing child rights in early childhood 2006, para. 29
- Paragraph text
- Parental and public responsibilities for early childhood education. The principle that parents (and other primary caregivers) are children's first educators is well established and endorsed within the Convention's emphasis on respect for the responsibilities of parents (sect. IV above). They are expected to provide appropriate direction and guidance to young children in the exercise of their rights, and provide an environment of reliable and affectionate relationships based on respect and understanding (art. 5). The Committee invites States parties to make this principle a starting point for planning early education, in two respects:
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2006
Paragraph
Implementing child rights in early childhood 2006, para. 29b
- Paragraph text
- In planning for early childhood, States parties should at all times aim to provide programmes that complement the parents' role and are developed as far as possible in partnership with parents, including through active cooperation between parents, professionals and others in developing "the child's personality, talents and mental and physical abilities to their fullest potential" (art. 29.1 (a)).
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Families
- Year
- 2006
Paragraph
Implementing child rights in early childhood 2006, para. 30
- Paragraph text
- The Committee calls on States parties to ensure that all young children receive education in the broadest sense (as outlined in paragraph 28 above), which acknowledges a key role for parents, wider family and community, as well as the contribution of organized programmes of early childhood education provided by the State, the community or civil society institutions. Research evidence demonstrates the potential for quality education programmes to have a positive impact on young children's successful transition to primary school, their educational progress and their long term social adjustment. Many countries and regions now provide comprehensive early education starting at 4 years old, which in some countries is integrated with childcare for working parents. Acknowledging that traditional divisions between "care" and "education" services have not always been in children's best interests, the concept of "Educare" is sometimes used to signal a shift towards integrated services, and reinforces the recognition of the need for a coordinated, holistic, multisectoral approach to early childhood.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2006
Paragraph
Implementing child rights in early childhood 2006, para. 31
- Paragraph text
- Community based programmes. The Committee recommends that States parties support early childhood development programmes, including home and community based preschool programmes, in which the empowerment and education of parents (and other caregivers) are main features. States parties have a key role to play in providing a legislative framework for the provision of quality, adequately resourced services, and for ensuring that standards are tailored to the circumstances of particular groups and individuals and to the developmental priorities of particular age groups, from infancy through to transition into school. They are encouraged to construct high quality, developmentally appropriate and culturally relevant programmes and to achieve this by working with local communities rather by imposing a standardized approach to early childhood care and education. The Committee also recommends that States parties pay greater attention to, and actively support, a rights based approach to early childhood programmes, including initiatives surrounding transition to primary school that ensure continuity and progression, in order to build children's confidence, communication skills and enthusiasm for learning through their active involvement in, among others, planning activities.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2006
Paragraph
Implementing child rights in early childhood 2006, para. 38
- Paragraph text
- Resource allocation for early childhood. In order to ensure that young children's rights are fully realized during this crucial phase of their lives (and bearing in mind the impact of early childhood experiences on their long term prospects), States parties are urged to adopt comprehensive, strategic and time bound plans for early childhood within a rights based framework. This requires an increase in human and financial resource allocations for early childhood services and programmes (art. 4). The Committee acknowledges that States parties implementing child rights in early childhood do so from very different starting points, in terms of existing infrastructures for early childhood policies, services and professional training, as well as levels of resources potentially available to allocate to early childhood. The Committee also acknowledges that States parties may be faced with competing priorities to implement rights throughout childhood, for example where universal health services and primary education have still not been achieved. It is nonetheless important that there be sufficient public investment in services, infrastructure and overall resources specifically allocated to early childhood, for the many reasons set out in this general comment. In this connection, States parties are encouraged to develop strong and equitable partnerships between the Government, public services, non governmental organizations, the private sector and families to finance comprehensive services in support of young children's rights. Finally, the Committee emphasizes that where services are decentralized, this should not be to the disadvantage of young children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2006
Paragraph
Implementing child rights in early childhood 2006, para. 41
- Paragraph text
- Training for rights in early childhood. Knowledge and expertise about early childhood are not static but change over time. This is due variously to social trends impacting on the lives of young children, their parents and other caregivers, changing policies and priorities for their care and education, innovations in childcare, curricula and pedagogy, as well as the emergence of new research. Implementing child rights in early childhood sets challenges for all those responsible for children, as well as for children themselves as they gain an understanding of their role in their families, schools and communities. States parties are encouraged to undertake systematic child rights training for children and their parents, as well as for all professionals working for and with children, in particular parliamentarians, judges, magistrates, lawyers, law enforcement officials, civil servants, personnel in institutions and places of detention for children, teachers, health personnel, social workers and local leaders. Furthermore, the Committee urges States parties to conduct awareness raising campaigns for the public at large.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2006
Paragraph
Indigenous children and their rights under the Convention 2009, para. 53
- Paragraph text
- States should take all reasonable measures to ensure that indigenous children, families and their communities receive information and education on issues relating to health and preventive care such as nutrition, breastfeeding, pre- and postnatal care, child and adolescent health, vaccinations, communicable diseases (in particular HIV/AIDS and tuberculosis), hygiene, environmental sanitation and the dangers of pesticides and herbicides.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Water & Sanitation
- Person(s) affected
- Adolescents
- Children
- Ethnic minorities
- Families
- Year
- 2009
Paragraph
Indigenous children and their rights under the Convention 2009, para. 71
- Paragraph text
- The prevention of exploitative child labour among indigenous children (as in the case of all other children) requires a rights-based approach to child labour and is closely linked to the promotion of education. For the effective elimination of exploitative child labour among indigenous communities, States parties must identify the existing barriers to education and the specific rights and needs of indigenous children with respect to school education and vocational training. This requires that special efforts be taken to maintain a dialogue with indigenous communities and parents regarding the importance and benefits of education. Measures to combat exploitative child labour furthermore require analysis of the structural root causes of child exploitation, data collection and the design and implementation of prevention programmes, with adequate allocation of financial and human resources by the State party, to be carried out in consultation with indigenous communities and children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Education
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Year
- 2009
Paragraph
Migrant domestic workers 2011, para. 14
- Paragraph text
- The risk of abuse is heightened for child domestic workers, who make up a significant proportion of domestic workers. Their young age, isolation and separation from their families and peers, and near-total dependence on their employers exacerbate their vulnerability to violations of their rights under the Convention, including the basic right of access to education.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
Paragraph
Plans of action for primary education (Art. 14) 1999, para. 6
- Paragraph text
- Compulsory. The element of compulsion serves to highlight the fact that neither parents, nor guardians, nor the State are entitled to treat as optional the decision as to whether the child should have access to primary education. Similarly, the prohibition of gender discrimination in access to education, required also by articles 2 and 3 of the Covenant, is further underlined by this requirement. It should be emphasized, however, that the education offered must be adequate in quality, relevant to the child and must promote the realization of the child's other rights.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Families
- Year
- 1999
Paragraph
Plans of action for primary education (Art. 14) 1999, para. 7
- Paragraph text
- Free of charge. The nature of this requirement is unequivocal. The right is expressly formulated so as to ensure the availability of primary education without charge to the child, parents or guardians. Fees imposed by the Government, the local authorities or the school, and other direct costs, constitute disincentives to the enjoyment of the right and may jeopardize its realization. They are also often highly regressive in effect. Their elimination is a matter which must be addressed by the required plan of action. Indirect costs, such as compulsory levies on parents (sometimes portrayed as being voluntary, when in fact they are not), or the obligation to wear a relatively expensive school uniform, can also fall into the same category. Other indirect costs may be permissible, subject to the Committee's examination on a case-by-case basis. This provision of compulsory primary education in no way conflicts with the right recognized in article 13.3 of the Covenant for parents and guardians "to choose for their children schools other than those established by the public authorities".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 1999
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 26
- Paragraph text
- Children play a fundamental role as the bearers and transmitters of cultural values from generation to generation. States parties should take all the steps necessary to stimulate and develop children's full potential in the area of cultural life, with due regard for the rights and responsibilities of their parents or guardians. In particular, when taking into consideration their obligations under the Covenant and other human rights instruments on the right to education, including with regard to the aims of education, States should recall that the fundamental aim of educational development is the transmission and enrichment of common cultural and moral values in which the individual and society find their identity and worth. Thus, education must be culturally appropriate, include human rights education, enable children to develop their personality and cultural identity and to learn and understand cultural values and practices of the communities to which they belong, as well as those of other communities and societies.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2009
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 11
- Paragraph text
- Regional human rights treaties protect all migrants against refoulement and collective expulsion. However, the procedural safeguards in individual expulsion proceedings in regional human rights treaties apply only to migrants who are lawfully within the territory of a State party. The rights protected in the European Social Charter apply to "foreigners only insofar as they are nationals of other Contracting Parties lawfully resident or working regularly within the territory of the Contracting Party concerned", or to migrant workers and their families "lawfully within their territories". The opinions of the European Committee of Social Rights, however, have held that the European Social Charter also applies to vulnerable categories of undocumented migrant children. Moreover, the right to education is guaranteed to all migrant children, regardless of their migration status, in all regional human rights systems.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 75
- Paragraph text
- Article 30 of the Convention protects the "basic right of access to education" of all children of migrant workers "on the basis of equality of treatment with nationals of the State concerned." Article 30 also provides that access to public preschool educational institutions or schools shall be without prejudice to the migration status of the child concerned or parents of the child. The Committee, in accordance with article 13 of the International Covenant on Economic, Social and Cultural Rights, is of the view that States parties must provide free and compulsory primary education for all, including children of migrant workers, regardless of their migration status. As such, States parties have an obligation to eliminate all direct costs of schooling, such as school fees, as well as alleviate the adverse impact of indirect costs, such as expenses for school materials and uniforms. Access to secondary education by children of migrant workers must be ensured on the basis of equality of treatment with nationals. Accordingly, whenever children who are nationals have access to free secondary education, States parties must ensure equal access by children of migrant workers, irrespective of their migration status. Similarly, when States parties provide different forms of secondary education, including vocational education, they should also make them accessible to children of migrant workers. The same principle applies to free preschool education or to scholarship schemes. Therefore, whenever children who are nationals have access to free preschool education or scholarships, States parties must ensure equal access by children of migrant workers, irrespective of their migration status.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2013
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 77
- Paragraph text
- To ensure access to education, the Committee is also of the view that States parties shall not require schools to report or share data on the regular or irregular status of pupils or their parents to immigration authorities or conduct immigration enforcement operations on or near school premises, as this would limit access to education by children of migrant workers. States parties should also clearly inform school administrators, teachers and parents that they are not required to do so either and provide them with training on the educational rights of children of migrant workers.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2013
Paragraph