A/64/213
Equality in access to education for migrant children
70. The Special Rapporteur also welcomes the efforts of host countries to improve
equality in access to education for migrant children. This is the case in a number of
developed countries, including Japan, where migrant children, regardless of their
immigration status, are allowed to enrol in public schools free of charge. It is also
the case Uruguay (law 18.250, art. 11) and Argentina (law 25.871, art. 8).
Including the protection of children left behind in laws, policies and programmes
71. The Special Rapporteur praises the initiatives of some States to include the
protection of children left behind by migrating family members in national laws,
policies and programmes. A good example is the case of Romania, where, in
response to calls from non-governmental organizations, the mass media and local
authorities, the National Authority for the Protection of Children’s Rights launched
a process to identify and constantly monitor children whose parents had gone to
work abroad after 2006. Furthermore, by order No. 219 of 2006, local authorities
are responsible for identifying cases of children left behind, and parents who go
abroad on employment contracts have an obligation to notify local authorities of
their intention to leave and tell them who will be in charge of caring for the
children.
Including migrant children in early childhood services
72. The Special Rapporteur commends efforts undertaken by a number of
countries belonging to the Organization for Economic Cooperation and
Development, including Germany and Canada, to ensure that migrant children
benefit from early childhood services aimed at developing children’s capacities in
general, while also addressing specific issues, such as command of language among
children who have little opportunity to speak the local language in their families or
neighbourhoods.
C.
Main challenges
73. The following paragraphs outline some of the observations and
recommendations of the Special Rapporteur with respect to some of the main human
rights challenges in the context of migration, with particular emphasis on the
protection of children.
Combating discrimination, xenophobia and related intolerance against migrants
74. The Special Rapporteur wishes to draw attention to the interconnection
between xenophobic and racist attacks against migrants and their non-national
status. In many cases, there are no legal channels for migration, which leads to
irregular migration and often produces anti-migrant responses within society. The
increase of such responses as a result of the global financial crisis should be
considered as a warning that xenophobic outbreaks may be on the rise.
75. The Special Rapporteur also wants to draw attention to the problem of
discrimination, which in some instances arises when conditions of labour migration
involve situations of abuse, not only by groups and individuals connected with
organized crime who sell identity papers to potential migrants, but also by
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