Search Tips
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
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
4 shown of 4 entities