A/75/183
use their own language. Children, like all individuals, are better able to cooperate
with immigration and asylum procedures if their basic needs are effectively met,
enhancing their coping abilities, resourcefulness and agency.
Non-discrimination legislation and policies in child protection and care
64. Several countries have adopted specific legislation and polices to ensure the
provision of basic services to all children, including both nationals and non -nationals,
without discrimination. Portugal treats all children, whether Portuguese or non-national,
without discrimination with regard to access to basic services such as health care and
education. Swedish law provides that all children should receive the same level of care,
irrespective of whether they are citizens or foreigners. Asylum-seeking children are
provided with access to various essential services such as accommodation, schooling
and health and dental care. 95 Thailand has recently taken comprehensive measures to
ensure that the rights of migrant children are enshrined in law and policy, irrespective of
their status. In the Child Protection Act of 2003, migrant children are not distinguished
from Thai children. 96 The Migration Law of Uruguay recognizes the inalienable rights
of migrants and their families without prejudice to their migratory situation.97
Access to education
65. Efforts have been made by many States to ensure migrant children can go to school
and realize their fundamental right to basic education. Belgium, Bulgaria, Finland,
Germany, Italy, the Netherlands, Spain and Sweden have explicitly recognized
undocumented migrant children’s entitlement to basic formal education. 98 In Bosnia and
Herzegovina, most school-age asylum-seeking children are enrolled in the formal
primary education system (A/HRC/44/42/Add.2, paras. 54 and 55). In Cyprus, migrant
children are provided by law with access to the basic education system. 99 In Denmark,
children aged 6 to 16 receive education at a school operated by the Danish Red Cross or
at a local school. 100 In Malta, all unaccompanied migrant children have access to State
school education free of charge. Whenever necessary, particularly with reference to
linguistic needs, preparatory classes are made available at State schools. 101
66. In Colombia 102 and Uruguay, 103 for example, as in other countries in the
Americas, children, regardless of their migration status, are entitled to access the
national school system. In Argentina, the Migration Law of 2004 provides that in no
case shall the irregular status of a foreigner prevent her or his admission as a student
to an educational institution, whether public or private; national, provincial or
municipal; or primary, secondary, tertiary or university. 104
67. In Morocco, 3,336 foreign children, including unaccompanie d minors, have
been enrolled in formal education for the school year 2018/19, and more than 800
migrant children were re-enrolled after outreach activities targeting the education of
__________________
95
96
97
98
99
100
101
102
103
104
20-09734
Swedish Migration Agency webpage for children seeking asylum. Available at
www.migrationsverket.se/English/Private-individuals/Protection-and-asylum-in-Sweden/
Children-seeking-asylum.html.
Submission by the International Bar Association’s Human Rights Institute.
Submission by Uruguay.
UNHCR, UNICEF and IOM, “Access to education for refugee and migrant children”, September
2019; submissions by Germany and by Sweden.
Submission by Cyprus.
Submission by Denmark.
Submission by Malta.
Submission by Colombia.
Submission by Uruguay.
UNESCO, Global Education Monitoring Report 2019: Migration, Displacement and Education –
Building Bridges, not Walls (Paris, 2018).
17/23