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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:] • 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 63
- Paragraph text
- The Special Rapporteur consequently prompts States that have not included the unconditional right to education in their Constitution to take steps to do so. Two examples are indicative of best practice in this regard. The Bolivarian Republic of Venezuela, defined by its Government as traditionally a migrant-receiving country, guarantees the unrestricted right to education at all levels through its Constitution and migrants are entitled to free education from early childhood care to higher education. Furthermore, its schools are explicitly obliged to permit the registration of undocumented children. The Government of Portugal emphasizes that national legislation also explicitly includes irregular and undocumented migrant and refugee children in the right to education with the concomitant creation of a special registry for irregular minors.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
10 shown of 10 entities