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children and adolescents to prevalent prejudices and intolerance held about certain racial or
ethnic groups, and to address these phenomena in a way that is the most appropriate for the
developmental stage of the child. This may take place not only in history, literature or civic
education classes, but also through art, such as music, theatre and story-telling.
B.
Disadvantaged and discriminated groups
28.
While recalling that there is no hierarchy between the victims of racism and racial
discrimination, the Special Rapporteur would like to bring to the attention of States the
situation faced by some specific groups of individuals, including, migrants, refugees,
asylum seekers, people of African descent, victims of caste-based discrimination and
members of minorities, including Roma, whose situation has also been addressed by his
predecessors.
1.
Migrants, refugees, and asylum seekers
29.
Migrants and their children face multiple discrimination, including in the enjoyment
of the right to education. In its general recommendation No. 30 (2004) on discrimination
against non-citizens, the Committee on the Elimination of Racial Discrimination calls upon
States to remove obstacles that prevent the enjoyment of economic, social and cultural
rights by non-citizens, including in the field of education (para. 29). The Committee further
requires that public educational institutions are open to non-citizens and the children of
undocumented migrants (para. 30). States should also avoid segregated schooling and
different standards of treatment to non-citizens (para. 31).
30.
Securing the right to education of migrants in an irregular situation remains a
challenge in many parts of the world. Undocumented migrants regularly face a high risk of
exploitation in many regards, and the realization of the right to education of their children
remains precarious. The situation faced by children of undocumented migrants is
potentially even more difficult given the legal barriers they have to confront on a day-today basis. For instance, undocumented migrants‟ children need to be registered in order to
be able to attend school. Therefore, they may be prevented from enrolling for free primary
education because they are unable to produce the official documents required, such as a
valid residence permit, birth certificate or medical records.
31.
Their situation may also be compounded by further barriers, such as the fear of
being reported by teachers and school authorities to immigration authorities. While school
administrators in many countries are not required to report undocumented migrants‟
children to the relevant immigration authorities, in some other countries a general “duty to
report” exists, thereby providing disincentives to parents in an irregular situation to
enrolling their children in formal education. It is therefore important that States put in place
provisions to ensure that educational institutions do not report those children with an
irregular status to the authorities. Additionally, the Special Rapporteur is of the view that
schools should, as far as possible, avoid asking any questions on migration status or related
issues that may reveal an irregular migrant status.
32.
In many countries, children can only be enrolled in educational institutions at the
beginning of the school year, thus children of undocumented migrants are deprived of
access to education for prolonged periods of time.
33.
Economic concerns may also further compound the obstacles faced by
undocumented migrants‟ children. Although compulsory primary education in State schools
is free of charge, the hidden, indirect costs associated with enrolment and attendance may
prove a disproportionately heavy burden for many such children, who may be reluctant to
apply for funding to cover such expenses.
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