A/HRC/23/56
34.
One of the issues disproportionately affecting migrants, including those in an
irregular situation, is the difficulties surrounding the recognition of their qualifications and
diplomas in host countries. Upon completing their studies, undocumented migrants in
several countries do not automatically receive diplomas, given that certain countries only
issue such documentation upon presentation of birth certificates or social security numbers,
even in cases where these were not required at the time of enrolment. In terms of the
recognition of qualifications, States should recognize those acquired outside their
territories, although certain restrictions may be permissible.8 The Durban Programme of
Action also encourages States to promote the recognition of the educational, professional
and technical credentials of migrants, with a view to maximizing their contribution to their
new States of residence (para. 30 (f)). Refusal to recognize the qualifications of
undocumented migrants may also contribute to their exclusion from the skilled labour
markets and confine them almost exclusively to irregular jobs, in the areas of domestic
service, agriculture and construction.
35.
In some countries, asylum seekers are held in special accommodation centres where
access to education for their children may not be available, or may be of inferior level and
quality to that enjoyed by the general population. In many countries, such special
accommodation centres for asylum seekers are often located in remote areas where
mainstream education facilities are difficult to access for children. There are further
problems compounding the lack of logistical access in these cases, including the inadequate
living conditions in some of the receptions centres and parents‟ lack of financial resources
to cover the extra costs of school material. The children of asylum seekers may also not be
adequately informed by the authorities of their right to attend public education institutions.
36.
An additional compounding problem is the emerging trend witnessed in some
countries of the education of asylum seekers and refugees being “outsourced” to nongovernmental organizations and United Nations agencies.
37.
In addition, separated children who have applied for asylum regularly face great
difficulties in enrolling in schools. In cases where their asylum applications are rejected, the
concerned children will be normally able to attend school until the day of the enforcement
of the return decision.
2.
Members of minorities, including Roma
38.
National or ethnic, religious and linguistic minorities also face various impediments
to accessing education, resulting either from a policy of historical discrimination or
injustice, or from poverty, poor health and lack of adequate sanitation, and other structural
factors.
39.
The Special Rapporteur recalls that, in accordance with international human rights
standards, persons belonging to national, ethnic, religious and linguistic minorities should,
wherever possible, have adequate opportunities to learn in or have instruction in their
mother tongue.9 Minorities should also be allowed to maintain their own educational
institutions, as long as the quality of education and other relevant standards conform to
those applicable to mainstream public schools, in line with international human rights
standards; and provided that attendance of such institutions is through choice and not
compulsory.
8
9
See the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, art. 52, para. 2 (b).
See the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities, art. 4, para. 3.
9