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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:] • 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 59
- Paragraph text
- Equally, inadequate attention to the quality and impact of mutual recognition systems risks further discrimination and disadvantage of already precarious, marginalized populations. For instance, the requirement for presentation of national documentation directly discriminates against refugees (who may have fled their homes) and irregular migrants when they seek opportunities for education and training.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- 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
The right to education of migrants, refugees and asylum-seekers 2010, para. 65
- Paragraph text
- The value of such programmes, particularly if appropriately funded, sustained, monitored and evaluated, is widely recognized. Nonetheless, such non-formal education programmes are not a legal right and are often geographically and temporally limited, with more remote refugee camp settings being particularly underserved. This suggests that universally accessible, State and intergovernmental agency-provided, non-formal (adult) education programmes (including vocational training) are necessary.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 56
- Paragraph text
- Many national school systems are resistant to, or are making slow progress in, adapting teaching and learning methods to the needs of migrant, refugee and asylum-seeking students. There are also structural impediments, making national coordination difficult. Many teacher education and training programmes are decentralized, while universities seek to exercise their autonomy. Such structural impediments make concerted, coordinated national or subnational curricular and pedagogical initiatives difficult to implement.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 49
- Paragraph text
- Teachers and schools (meso-level) are positioned at the intersection of national and subnational policy directives and programmes (macro-level), on the one hand, and the expectations of households (micro-level) in the delivery of education, on the other. The Special Rapporteur recognizes that the meso-level processes linking the individual and society matter tremendously for student performance, and thus 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
- Equality & Inclusion
- 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. 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- 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:] • 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
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 70
- Paragraph text
- Systemic and individual barriers to post-primary and tertiary education contribute to the perpetuation and consolidation of disadvantage in education generally, in post-primary and tertiary education specifically and of course in life. Correlated with this is the increasing perception that good quality post-primary and tertiary education for migrants, refugees and asylum-seekers in post-conflict States, and those who are particularly fragile, is fundamental to recovery from the aftermath of conflict and longer-term, more stable development.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- 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. 69
- Paragraph text
- The normative and related investment focus on primary education, directly and negatively, impacts upon the quality, accessibility and availability of post-primary and tertiary education. Two contrasting examples illustrate this point. First, and markedly visible in refugee camps dependent upon international cooperation and investment, is a lack of appropriate infrastructure, learning materials and qualified specialized teachers for post-primary education. Second, and a recurrent individual perspective offered by questionnaire respondents seeking post-primary and tertiary education, were the almost insurmountable barriers to, or lack of, individual support.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- 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. 64
- Paragraph text
- It is clear that in some contexts migrants, refugees and asylum-seekers have the opportunity to participate in non-formal and vocational education programmes, some of which are provided by States but also frequently by NGOs. NGO initiatives on the Thai-Myanmar border, for example, include vocational training for unskilled migrant women, health-worker education programmes and teacher training for migrants to become teachers in migrant schools. In South Africa, NGOs offer language and vocational skills training and, in Morocco, language and information technology courses and welcome orientation workshops are offered to women, again by NGOs.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Persons on the move
- Women
- 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. 61
- Paragraph text
- Lifelong learning cannot be disassociated from immigration law, which often forces migrants, refugees and asylum-seekers into illegality and which may take precedence over and/or be in conflict with the right to education. Indeed, a number of questionnaire respondents supported the claims in wider literature on the issue pointing to such tensions. The attention of the Special Rapporteur has been drawn to the practice of migrant children being detained by police on the grounds of their immigration status while travelling to school and the dependence on permanent legal residence for education access and opportunity.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 50
- Paragraph text
- The shortage of teachers is a major obstacle to access and good quality education for refugees, asylum-seekers and migrants. Overcrowded and unmanageable classes increase student dropout. Especially in developed countries, schools with a large migrant and refugee proportion are often the most disadvantaged in terms of funds and qualified and experienced staff. In refugee camps, low and/or inappropriate compensation (teachers receiving monetary or non-monetary “incentives” instead of salaries) encourage teachers to work for NGOs or for schools outside the camp rather than in a refugee school.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- 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. 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
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 45
- Paragraph text
- The Special Rapporteur notes the varied approaches to addressing this crucial matter and draws upon two as particularly illustrative. In Sweden, refugees and asylum-seekers aged from 7 to 16 are legally entitled to bilingual education, and municipalities are obliged to offer mother-tongue tuition and Swedish as a second-language course. Denmark promotes a co-education policy in which bilingual and monolingual children learn together. Migrant children receive up to two years of basic instruction in Danish as a second language in separate teams or classes until they are ready for mainstream classes. “Compulsory language stimulation” for bilingual children starts at age 3 and is supported by free materials provided at the municipal level. The Special Rapporteur notes the utility of good quality, early child education, known to play an important role in offsetting social, economic and language-based disadvantage.
- 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
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 43
- Paragraph text
- The Special Rapporteur observes that social and cultural issues are intrinsically entwined with language and curricula. Much has been written, particularly in Europe and more widely across the OECD countries, on issues of language acquisition for migrants. However, the Special Rapporteur notes that much less research exists on how migration impacts upon curriculum content. A common theme in relevant materials and the questionnaire responses is that there are three guiding principles contributing significantly to the development of quality linguistic and culturally relevant core curricula. These are: • Curricula should be entrenched within the human rights framework • Consultation with migrant, refugee and asylum-seeking parents/guardians and communities should be the norm in their planning, design, implementation and evaluation, and • A focus upon inclusive, mutual and collective learning with minimal segregated adaptation groups and classes
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph